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Customer Service Awards Blog
How Customer Service Award-winner Grew Customer Advocacy by 25%
Posted by Michael Gallagher on Tue, Feb 01, 2011 @ 04:01 PM
Jackie O'Leary, Vice President of Customer Operations at Everything Everywhere in the United Kingdom, was named Customer Service Executive of the Year in the customer service awards categories of The 2010 International Business Awards. Everything Everywhere is also a leading contender with multiple Finalists in the 2011 Stevie Awards for Sales & Customer Service, which will be announced in Miami Beach on February 21.
Everything Everywhere is the joint venture company running two of Britain's most famous brands, Orange and T-Mobile. It is Britain's biggest communications company, with a combined customer base of almost 28 million—half the UK adult population, 6,000 employees, and more than 720 retail stores across the two brands. Everything Everywhere was recognized in The Stevies' customer service award categories, and here we look at how they earned their reputation for service excellence.
The explosive growth of telecommunications over the past 20 years has also often been a tale of woe for the customer, with promised high-quality customer service often proving to be something of a myth.
Jackie O'Leary, Vice President of Customer Operations at Everything Everywhere, has made it her mission to ensure the story has a different ending, one where customer satisfaction, employee engagement, and an improved bottom line for the company can live happily together.
As VP of Customer Operations, O'Leary is responsible for the customer service, loyalty, and retention functions of the Orange and T-Mobile brands and has integrated them into one efficient, effective organization that is one of the market leaders for quality as well as size. This operation supports Everything Everywhere's 28 million customers through a team of circa 10,000 advisers.
O'Leary joined Orange UK at the end of 2008 and had a phenomenally successful first year, leading the customer services business through a rapid and complete rejuvenation to catapult it back to leadership in mobile customer services.
To identify and deliver these improvements, O'Leary introduced the Brilliant Service program, creating 20 work-streams of activities to address every aspect of the customer experience.
O'Leary believes employee satisfaction links directly to customer satisfaction. She initiated the creation of an innovative customer satisfaction and performance measurement system called Brilliance, which enables thousands of customers to rate and comment on the service they receive on a daily basis.
For the first time these scores are linked directly to the customer service agents' rewards, ensuring they take ownership of the customer experience on every call. Brilliance has also massively expanded customer insight.
O'Leary introduced a new reward-and-recognition scheme, The Bee's Knees, providing monthly awards to top performers in customer advocacy or to those who help others to excel.
O'Leary also introduced new activities and initiatives under the banner 'Brilliant Place to Work', which included charity, community, and wellbeing weeks, concierge services, and—voted "best ever"—Christmas parties.
The annual employee survey, just nine months after she joined, showed O'Leary to be the bee's knees herself, with meaningful increases across almost all metrics of employee engagement and loyalty.
Improving Processes
O'Leary also led a cross-Orange program to identify and improve Orange processes, products, and systems that were hampering customer satisfaction and delaying achievement of the company vision to be the "best-loved communications brand." These improvements cut customer calls by 14% and increased first-time resolution from 13% to 72%.
The results of O'Leary's efforts make an incredible turnaround story. Customer satisfaction increased by 9% as measured by Brilliance in the second half of 2009, a considerable change in a customer base of 17 million. At the same time, O'Leary cut operating expenditure by 11% (double figures millions of pounds). Even more impressively, customer advocacy increased an unprecedented 25% in the same period.
By these key measures, O'Leary has returned Orange to a leadership position in mobile customer services. In its annual UK survey in May 2009, industry analysts JD Power rated Orange top for Pay Monthly customer services out of the major mobile network operators. Overall, Orange came second, up from fifth just two years earlier in a highly competitive market.
Following these achievements for Orange, Jackie was appointed to the Everything Everywhere Customer Operations role, where she is now bringing her own flavor of leadership to both brands, Orange and T-Mobile.
These are the just the latest successes in a stunning track record for O'Leary over the past 20 years. While this is definitely no fairy tale, we hope that Everything Everywhere, its customers, and its employees live happily ever after.
About Jackie O'Leary
Jackie O'Leary's career has encompassed senior roles and strategic projects for over 20 years at many of Europe's leading communications providers, including Orange, T-Mobile, Vodafone, O2, AOL, and Telewest. In May 2009 she was appointed VP of Customer Operations for Everything Everywhere, responsible for customer service, sales, loyalty, and retention. This followed 18 months running customer services for Orange UK. Previously, O'Leary had been VP Customer Services at The Carphone Warehouse, where she revived customer satisfaction and cut costs by £20 million. Prior to that, O'Leary ran a strategic consultancy for ten years.
About Everything Everywhere
Everything Everywhere Limited is the company running two of the UK's most famous brands – T-Mobile (UK) and Orange (UK). Owned jointly by Deutsche Telekom and France Telecom respectively, Everything Everywhere Limited is the UK's biggest communications company, with a combined customer base of almost 28 million people and more than 720 retail stores across the country. Everything Everywhere Limited plans to transform the industry by giving customers instant access to everything everywhere, offering the best value, best choice and best network experience in the country. For more information on Everything Everywhere visit www.everythingeverywhere.com.
Tags: customer service awards, good customer service, excellent customer service, customer service award
Q&A with Ron Essiq, Customer Service Awards Judge
Posted by Michael Gallagher on Thu, Jan 20, 2011 @ 02:49 PM
Ron Essig is VP, Global Owner Products and Services, Marriott Vacation Club International, and member of the Board of Judges of the 2011 Stevie Awards for Sales & Customer Service, which recently announced the Finalists in its 5th annual competition.
What item of news recently caught your eye and why?
I followed with interest all of the legislation that was approved in Washington, D.C. during the recent "lame duck" session of the U.S. Congress. I find it amazing that people can accomplish many things when they put their minds to it.
What New Year's resolution have you made and why?
Stay focused on what is truly important: Family.
What book are you currently reading?
It's Not About the Bike: My Journey Back to Life, by Lance Armstrong and Sally Jenkins.
What was the last movie you saw, and would you recommend it?
The Fighter.It was both a motivational and a feel-good movie—just the kind of movie we were in the mood for when we went to see it.
What is your favorite sport or hobby?
Following my son's interests of baseball and music, and hiking in the mountains with my two Siberian Huskies.
Who (apart from close family) is your favorite living person?
While I can't say he is my favorite person—I've not had the pleasure of meeting him—I really admire the work done by John Wood, founder of Room to Read, a nonprofit organization that has helped to educate over four million children around the world.
If you could choose another profession, what would it be?
I would be involved in some sort of nonprofit organization that could help give opportunities through mentoring to young adults and could help open doors into business and careers for the less fortunate.
What quality or qualities do you most value in your business associates?
Honesty, creativity, and drive.
What do you think is the worst bad habit to have at work?
As someone at the top of your profession, what keeps you inspired or makes you hit the ground running in the morning?
Working with a team of professional associates who are genuinely focused every day on delivering customer service excellence and the awesome experiences that make vacation dreams come true.
What do you consider has been your greatest achievement in business?
Being able to learn and grow in a variety of positions over 25 years with one incredible company.
What advice or useful tip would you give to someone who is just starting out in business?
Learn from the ground up, and don't ever forget where you came from.
About Ron Essig
Ron Essig is the vice president, Global Owner Products and Services, for Marriott Vacation Club International. As a member of the Stevie Awards for Sales & Customer Service Board of Judges he will be helping select the customer service award winners in the 2011 competition. Essig is a 24-year Marriott veteran, and began his career as a Management Trainee at the Chicago Downtown Marriott Hotel.
About Marriott Vacation Club International
As the interval ownership division of Marriott International, Inc., Marriott Vacation Club International is a premier provider of vacation and leisure experiences for more than 400,000 Owners and Members. Since entering the timeshare industry in 1984, Marriott has earned its position as a leader and innovator in vacation and fractional ownership products worldwide. The company has since segmented the industry to offer distinct vacation and real estate offerings, each based on the unique needs and desires of customers. The brands are: Marriott Vacation Club, Grand Residences by Marriott, and The Ritz-Carlton Destination Club, as well as select whole ownership developments. For information visit www.marriottvacationclub.com or www.ritzcarltondestinationclub.com.
Tags: customer service awards, stevie awards, good customer service, excellent customer service, customer service award


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Pace: Grand Lake shows openness in action
News News | Mar 5, 2020
Eli Pace
epace@skyhinews.com
So few people attended the last Grand Lake Board of Trustees workshop and meeting that almost no one witnessed an amazing movement in municipal government.
To preface what I'm about to say, I've covered hundreds of public meetings in multiple states — from school boards to city and town councils — and I've never heard or seen anything like I did Feb. 28 in Grand Lake. For me at least, it was inspiring and it was wonderful.
The moment itself came quietly and passed quickly, barely a blip on the radar, as the town's elected leaders waded through an interesting pitch from a property owner willing to pay out serious cash for a town-approved buffer against development around his property. As more than one board member agreed, it was an "intriguing" offer.
During the discussions, though, a trustee asked why the board wasn't talking about this behind closed doors, in an executive session, as the law provides for private conversations when weighing potential deals involving real estate transactions.
"No, any negotiation for land can be done in executive session," Town Manager John Crone replied, emphasizing the word "can."
"Nothing ever has to be done in executive session except for certain personnel issues," he continued. "You can negotiate in front of the public all you want."
Oh, be still my beating heart. I couldn't believe what I was hearing. It was like Mr. Crone took the words out of my mouth, perhaps verbatim. How many times, I thought, have I pulled out my soapbox, jumped up on top and made the same speech? More than I can remember, that's for sure.
But usually, when I say things like this, I feel like a naive idealist, too wrapped up in the way things should be to understand how the world really works. I suppose that feeling comes from the looks I get when I'm making speeches on my soapbox and the way I can see most public officials have stopped listening.
Maybe, I have a unique perspective. Throughout my experience as a working journalist, I've been kicked out of so many public meetings because, at some point, they usually go into an executive session.
I understand there are a few good reasons for closing the public out of some of public's business, but I've also come to believe that too many governments go too eagerly into executive sessions anytime an agenda item skims one of the exemptions.
Once the doors close, I've always wondered what gets said and how the public's business is being conducted when there's no way for the public to know. The exemptions for an executive session set forth by law are few, but the number of executive sessions held by government bodies is many.
To me at least, it seems that rather than airing on the side of openness and transparency, elected officials and town staff elect to play it safe and close up shop every time they can. I've never seen town staff or an elected official actively question if a discussion, which could be private, needs to be private. From what I've seen, officials handle executive sessions like they run on autopilot. If it checks a box, they close the door.
At the last Grand Lake board meeting, the audience was scarce with me, Public Works Director Keith Everhart and one of candidates who's running for a seat on the board filling out the entire gallery.
At the end of the small powwow, Grand Lake Mayor Jim Peterson took note of the empty chairs and levied tough words for the other board candidates who missed the meeting with so many important items on the agenda. I wish more people had been there too.
Library Corner: Winter reading brings adventures for all
Opinion | Patrick Brower: DigitalBridge will help with employee retention
Guest column | Dylan Roberts: Back to work at the Capitol
Grand county fishing report, Jan. 20: Ice conditions vary, but fish are still biting
Opinion | Allen Best: Mountain Parks says we're out of here
The Sky-Hi News strives to deliver powerful stories that spark emotion and focus on the place we live.
Over the past year, contributions from readers like you helped to fund some of our most important reporting, including coverage of the East Troublesome Fire.
If you value local journalism, consider making a contribution to our newsroom in support of the work we do.

redpajama_set_name: RedPajamaCommonCrawl


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Design | 6 Sep 2010 | By Henrietta Thompson
A look inside Herman Miller's archives
Alexander Girard, famed textile designer and Herman Miller collaborator, at work in his studio, circa 1972
When word that Yves Behar was working on a new chair for Herman Miller reached the Wallpaper* offices, we sped across the pond to the manufacturer's HQ in Michigan to find out more. There, we not only discovered the chair in question - the Golden Gate Bridge-inspired 'SAYL' (see our October issue) - but a remarkable archive of original design drawings for the now ubiquitous Eames Lounge Chair, alongside George Nelson's manifestos and vintage advertising artwork.
A more prestigious, and historically rich, chair manufacturer would be hard to find: Herman Miller's reverential relationship towards its designers has helped put industrial design on the map. With no internal design team, the company chooses its creative talent carefully and nurtures it over time. 'It's the designer's vision we're striving for,' says Don Goeman, Herman Miller's executive president. 'But that is a responsibility as much as an opportunity. The designer is given the reigns, but if the vision is not right, the team realises they are not being pulled in the right direction.'
Another treasure we discovered on our rifle through the archives was a 1956 film. It shows the iconic Eames Lounge Chair and Ottoman being assembled by Herman Miller worker, Dick Hoffman.
An ad from 1963 touting authentic Herman Miller furniture designs. This shows that knock-offs were already appearing more than 40 years ago
A 1956 ad for the 'Nelson Coconut chair' by George Nelson. The graphics for the ad were almost certainly done by the Nelson office
A 1956 ad for the 'Eames Lounge Chair and Ottoman'
A 1961 ad for Herman Miller's 'Textile & Objects' store, often referred to as the 'T&O' - a retail venture championed and led by Alexander Girard
A 1966 ad featuring Alexander Girard textile designs
A 1960s ad for the Eames 'Aluminum Group' chair
The Herman Miller showroom in San Francisco, circa 1967
Alexander Girard at work in his studio, circa 1967
Charles Eames and George Nelson in conversation in 1959
A 1962 ad for the Eames Aluminum Group
A 1954 ad highlighting Herman Miller's design consultants - Nelson, Eames and Girard
A 1960 Girard ad
Late 1940s Eames furniture ad, highlighting plastic shell chairs and the Eames Storage Units (ESU)
Nelson ad graphic, circa 1967
Eames photographing the Eames Lounge Chair and Ottoman production at Herman Miller, circa early 1973
A 1954 ad for the Eames 'Shell' chairs (upholstered) on a swivel base and 'ESU' desk - an early example of Herman Miller's focus on the commercial workplace market
A photograph of the San Francisco Herman Miller showroom in 1959, designed by Alexander Girard, featuring the 'Nelson Swag Leg Chair and Desk', with a Nelson 'Thin Edge' day bed in background
A 1969 ad highlighting select Nelson pieces, as well as Isamu Noguchi's iconic coffee table for Herman Miller
A 1969 ad featuring the many varieties/configurations of the Eames plastic shell chairs


Made for protecting cyclists when travelling around town.
This well-ventilated helmet is perfect for cycling in town or on longer rides. The breathable fabric padding is ultra comfy (and washable!).
Impact protectionComplies with bike helmet standard EN 1078.
VisibilityReflective stickers and compatible with VIOO CLIP lighting.
Ease of useHead-circumference adjustment dial. Fastening crossover straps.
Ventilation11 vent openings for better ventilation during more intensive cycling.
User comfortComfortable, breathable, fabric padding.
Complies with standard EN 1078 for cycling, inline skating and skateboarding helmets.
This product has a hook for attaching a VIOO Clip, an LED light that can be clipped on and unclipped anywhere in an instant. With a red or white light that can be used in continuous or flashing mode, you are clearly visible from up to 110 m away. Battery life is 9 hours in flashing mode, 4½ hours in continuous mode. Easy to recharge via a USB cable (sold with the VIOO Clip).


The costs of the course are € 7.900,-*. Students can choose to pay the full amount at once or in four installments.
* Fees shown here are inclusive and based on the academic year 2019-2020. Aside from the cost of the AMI Diploma Course examination and an administration fee* and books and materials for your own personal use, no additional payments are required for any other elements of the course such as teaching practice, supervised practice sessions, etc.
*The Administration fee is €200.


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Terms and Conditions of Supply
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSES 8 AND 17.
In these Terms and Conditions the following definitions shall apply:
Contract: the contract between the Supplier and the Customer entered into for the sale and purchase of the Goods in accordance with these Terms;
Customer: the person or firm who purchases the Goods from the Supplier;
Goods: the Goods or any part of them set out in the Order;
Order: any order from the Customer to purchase Goods from the Supplier which incorporates these Terms, as set out in the Customer's purchase order form; or the Customer's written acceptance of the Supplier's quotation; or, where no quote has been issued, as set out in the Customer's written request for Goods (including by email); or as set out in any order generated by the Customer via the Suppliers Website or over the phone, as the case may be;
Specification: any Specification for the Goods, including any related plans or drawings, agreed by the Customer and the Supplier;
Supplier: Trade Price Stone Limited, a company registered in England and Wales under company number 05928094. Registered office: Unit 38 C & D, Marchington Industrial Estate, Stubby Lane, Marchington ST14 8LP. VAT number: 919 8029 94.
Supplier's Website: means the website operated by the Supplier under the domain name www.tradepricestoneltd.co.uk;
Terms: The terms and conditions set out in this document, as amended from time to time, as set out in Clause 7.
In these Terms, unless otherwise stated: a reference to a "person" includes a reference to a neutral person, a body corporate, association, partnership or individual; a reference to a "third party" is to be a person who is not a party to the Contract; the singular shall include the plural and vice versa; a reference to a gender is to every gender; a reference to a "Clause" is a reference to a clause of these Terms; a reference to a statute, statutory instrument, regulation, order or license is a reference to that statute, statutory instrument, regulation, order or licence as substituted, varied or amended from time to time; a reference to any document or agreement is to that document or agreement as substituted, varied or amended from time to time; a reference to "include" and "including" shall be construed without limitation.
The headings in these Terms are for convenience only and shall not affect the construction or interpretation of these Terms.
1.	BASIS OF CONTRACT
1.1	The Supplier agrees and accepts that it is a business and acknowledges that these Terms are not directed to consumers.
1.2	By ordering Goods the Supplier agrees to be bound by these Terms and accepts that they shall govern all Contracts between the Supplier and the Customer, to the exclusion of any other terms and conditions.
1.3	No terms and conditions of the Customer, including any terms and conditions in any Orders, offers or acceptances of the Customer, shall form part of the Contract and are hereby expressly excluded.
1.4	The Supplier agrees to sell and deliver or make available for collection and the Customer agrees to Purchase and accept delivery or collect the Goods on and Subject to these Terms. Where Goods are to be delivered in instalments then each instalment shall constitute a separate contract.
1.5	These Terms shall apply and prevail over any other term of the Contract, unless otherwise agreed by the Supplier. The Supplier shall only be considered to have agreed otherwise where it has expressly agreed in a written document issued for and on behalf of the Supplier by an authorised person.
1.6	These Terms and any document expressly referred to in them constitute the entire agreement between the Supplier and the Customer and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the Supplier and the Customer, whether written or oral, relating to their subject matter.
1.7	The Customer acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or in any document expressly referred to in them.
1.8	The Supplier and Customer agree that neither shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
2.	GOODS
2.1	Any descriptions or images of the Goods on the Supplier's Website, or in any of the Supplier's printed materials, are for illustrative purposes only and no Goods are warranted to be exact replicas of any samples, drawings or advertising supplied.
2.2	All descriptions, drawings and advertising of any Goods are for guidance purposes only and the actual Goods supplied may differ slightly from any descriptions given.
2.3	The majority of the Goods sold by the Supplier are natural, geological products and variations in colour, markings, form, texture and size should be expected. Variations can exist in crystalline composition, veining, fossil deposits and mineral activity and no Goods are claimed by the Supplier to be exact replicas of images or samples. The Supplier recommends that the Customer views as much of the Goods as possible before entering a Contract.
2.4	Any samples of Goods are for giving an approximate representation of the Goods only. All samples have been prepared to a presentation standard and allowed to dry.
2.5	Although the Supplier makes every effort to be as accurate as possible, the Supplier's Goods are supplied under a variety of industry-accepted size-tolerances and all dimensions and measurements indicated have a tolerance of up to 5mm. To minimise variations in finish and tolerance, the Supplier recommend's that Goods are selected from a variety of boxes. Any variation will be deemed to be agreed by the Customer once the Supplier has accepted an Order.
2.6	The Customer should bear in mind that natural stone tiles may be subject to natural chipping and pitting and may be easily scratched. The Customer must handle Goods correctly to prevent damage and store them vertically (on their edge) on a non-abrasive surface.
2.7	Details about how to care for Goods are available by request. The Supplier recommends that the Customer reads these carefully. All advice is given in good faith and is intended for general guidance only.
2.8	Although the Supplier offers a range of fixing and protection, cleaning and maintenance products, such as adhesives, grouts and sealants, every care should be taken to ensure that these products are suitable for the tiles or stone the Customer intends to use and the environment in which they are to be installed. The Customer should always look at manufacturers' websites and terms of use, relating to such products, and apply them to a small sample area to ensure suitability before committing to a project. The Supplier will not accept any liability for any damage caused through the misuse of such products.
2.9	When ordering bespoke Goods it is the Customer's responsibility to ensure the Goods are appropriate for its intended purpose and are compliant with any regulations, permissions or approvals required for the Customer's intended purpose. The Supplier will not be liable where the Customer's use of such Goods is not compliant in such circumstances.
2.10	In agreeing to sell Goods to the Customer, the Supplier makes no guarantee as to the suitability of those Goods to the specific installation the Customer has in mind and gives no warranty that the Goods can be used in any given environment. The Customer should seek professional advice in relation to the fixing, installation and care of the Goods, and engage an experienced, 'British Standards 5385, part 1 & 5' qualified tiler (or other suitable contractor) for the preparation and installation of the Goods.
2.11	The Supplier will not be liable to the Customer for lost working time or the cost of third party contractors, or any other consequential loss, where the Customer (or its contractor) fails to install the Goods correctly or fails to use the correct base, adhesive, grout or sealants or fail to use the correct installation techniques or the Goods are fixed in an unsuitable environment.
3.	ORDERING GOODS
3.1	When ordering Goods the Customer is responsible for ensuring that the information provided to the Supplier, including in any applicable Specifications, is correct.
3.2	If ordering bespoke Goods the Customer's order must be made in writing with clear instructions as to size, colour, stone type, finishing, and any other particular requirements it may have. Orders can be submitted via email at sales@tradepricestoneltd.co.uk or by writing to the Supplier at Unit 38 C & D, Marchington Industrial Estate, Stubby Lane, Marchington ST14 8LP.
3.3	If ordering Goods via the Supplier's Website, the maximum Order the Supplier will accept is 99 square metres of Goods.
3.4	If requested, the Supplier may provide an estimate of the quantity of Goods the Customer may need for a project before the Customer orders, based on the information and measurements the Customer provides. However, the Customer should seek independent, professional advice before ordering as (subject to these Terms) the Supplier will not be responsible for any surplus or shortfall of Goods ordered.
3.5	Given the fragile nature of the Goods, industry practice recommends that the Customer include an additional 10% of Goods to any Order to allow for wastage due to minor damage (such as edge chipping during the packing and unpacking of the stone) minor imperfections and damage that may be caused from cutting during the fitting process. Goods affected in this way can often be utilised for 'cuts' during installation and/or for future repairs.
3.6	The Supplier will not replace or refund damaged Goods constituting less than 10% of the total order.
3.7	If the Customer orders too few Goods in any one consignment, any subsequent Goods ordered may be different in finish, shade, pattern and tolerance and the delivery of a few extra tiles may, in some cases, be as much as the original delivery costs.
3.8	The Customer should be aware that the majority of the Supplier's Goods are imported from abroad, often by way of container shipment and that stock levels may subsequently be affected by reasons beyond its control. Occasionally, this may lead to a delay in the availability and delivery of Goods ordered. In such circumstances the Supplier will notify the Customer, as soon as possible.
3.9	The Supplier will not be responsible for delays beyond its reasonable control including any delays relating to shipping or customs requirements.
4.	DATA PROTECTION
4.1	During the ordering process the Customer will be required to provide personal information such as name, billing address, email address, delivery address, telephone number and payment details. The Customer will also be required to provide a username and password.
4.2	The Supplier will treat and store all personal information confidentially and comply with all applicable UK Data Protection and consumer legislation in place from time to time. A copy of the Supplier's Privacy Policy is available on the Supplier's Website here.
4.3	The Customer accepts that the Supplier may, from time to time:
4.3.1	make a search with a credit reference agency in respect of the Customer and keep a record of that search; and
4.3.2	monitor and record information relating to the credit performance and make such records available to credit reference agencies who will share that information with other businesses in assessing applications for credit and fraud prevention.
4.4	By placing an Order the Customer consents to the Supplier carrying out the activities referred to in clause 4.3
5.	HOW THE CONTRACT IS FORMED
5.1	The Order placed by the Customer constitutes an offer to purchase the Goods in accordance with these Terms.
5.2	The Order shall only be deemed to be accepted when:
5.2.1	the Supplier issues a written acceptance of the Order, detailing the Goods included in the Contract and any other relevant information required in relation to the Contract (Order Confirmation), at which point the Contract shall come into existence; or
5.2.2	(if earlier) the Supplier delivers the Goods to the Customer.
5.3	On receipt of an Order the Supplier may issue an 'acknowledgement of order', by automated email or otherwise. This is intended only to confirm that an order has been received and is not confirmation that the Order has been accepted.
5.4	Only Goods confirmed in the Order Confirmation will be included in the Contract.
6.	CANCELLATION BY THE SUPPLIER
6.1	If the Supplier is unable to supply the Customer with any Goods ordered, for example because Goods are not in stock and cannot be delivered within 28 days of the Supplier confirming the Customer's order, or are no longer available, or because the Supplier cannot meet the Customer's requested delivery date, or because of an error in the price of the Goods on the Supplier's Site or published price list (as referred to in clause 14.8) the Supplier will notify the Customer by e-mail and the Customer's order will not be processed. If the Customer has already paid for the Goods, the Supplier will refund the Customer the full amount, including any delivery costs charged.
6.2	The Supplier reserves the right to cancel any orders and to end the Contract in the following circumstances:
6.2.1	if the Customer does not, within a reasonable time of the Supplier asking for it, provide information necessary to provide the Goods;
6.2.2	if the Customer does not, within a reasonable time, allow the Supplier to deliver the Goods to it, or collect them from the Supplier;
6.2.3 if any of the information the Customer has provided as part of the ordering process is fraudulent and/or inaccurate;
6.2.4	if the Customer has requested delivery of Goods to an address outside the Supplier's usual delivery areas; or
6.2.5	if the Customer's method of payment is declined.
6.3	If the Supplier ends the contract in the situations set out in clause 7.2 it will refund any money the Customer may have paid in advance for any non-bespoke Goods it has not provided but it may deduct or charge the Customer reasonable compensation for the costs it will incur as a result of the Customer breaking the contract.
7.	THE SUPPLIERS RIGHT TO VARY THESE TERMS
7.1	The Supplier reserves the right to amend these Terms from time to time to reflect changes in relevant laws and regulatory requirements, changes in market conditions affecting its business and changes in technology, including its internal systems and/or preferred payment methods.
7.2	Every time the Customer orders Goods from the Supplier, the Terms in force at the time of the Order will apply to the Contract between the Supplier and the Customer, unless the Supplier notifies the Customer of any changes to the Terms before sending the Customer an Order Confirmation. In these circumstances, the Supplier reserves the right to assume that the Customer has accepted any such changes to the Terms. If the Customer does not accept the changes, the Customer must notify the Supplier, within 7 days of receiving the Goods.
8.	PERFORMANCE AND QUALITY
8.1	The Supplier will supply the Goods and any ancillary services in accordance with the Order and with that degree of skill and care and attention reasonably and ordinarily exercised by experienced and competent persons engaged in similar circumstances and conditions.
8.2	The Supplier warrants (subject to these Terms) that on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and be free from material defects.
8.3	The Supplier shall not be liable for a breach of any of the warranties in this Clause 8:
8.3.1	where the Customer makes any further use of such Goods after giving relevant notice of any breach of warranty;
8.3.2	where the defect arises because the Customer failed to follow any guidance given by the Supplier as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
8.3.3	the Customer alters or repairs such Goods without the Supplier's written consent;
8.3.4	the defect arises as a result of the Supplier following any Specification supplied by the Customer; or
8.3.5	the Goods differ from their description or the relevant Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.4	If any of the Goods do not conform with the warranties in Clause 9, the Supplier will (subject to Clause 10) either (i) refund the price of the Goods (exclusive of VAT), in full or in part on a pro-rata basis, or (ii) repair or replace the Goods if repair or replacement is possible, provided that the Customer will return the Goods (or the part of such Goods which are defective) to the Supplier.
8.5	If the Supplier complies with Condition 8.4, the Supplier shall have no further liability for a breach of any of the warranties in Clause 8, in respect of such Goods.
8.6	The Customer accepts that the terms implied by sections 13 to 15 of the Sales of Goods Act 1979 are, to the fullest extent possible, excluded from the Contract.
8.7	These Terms shall apply to any repaired or replacement Goods supplied by the Supplier.
9.	THE CUSTOMERS RIGHT OF RETURN AND REFUND
9.1	The Customer shall be entitled to cancel any orders within 14 days, commencing on the date the Customer is notified of the date for collection of the Goods, or from the date of delivery, provided that such goods are returned in the same condition as at delivery and are not damaged, broken, fractured, cut or scratched in any way.
9.2	The Customer shall return the goods to the Supplier at its own risk and expense to Unit 38 C & D, Marchington Industrial Estate, Stubby Lane, Marchington, Staffordshire ST14 8LP, or such other address as notified to the Customer from time to time.
9.3	The Customer's right of return and refund does not apply in the case of:
9.3.1	Goods which due to use or damage by the Customer cannot be re-sold at full price (for instance if Goods are, in the Supplier's reasonable opinion, damaged, broken, cut or scratched in any way);
9.2.1	Goods which are made specifically for the Customer under a Specification and are of a bespoke nature (e.g. Goods which have been made to your specific sizes and/or requirements) (unless defective);
9.3.2	Goods which have already been installed, laid or used (unless defective – in which case they will need to be returned);
9.3.3	Goods which have become mixed inseparably with other items after their delivery;
9.3.4	Goods which are sealed or shrink-wrapped and which have been opened (unless defective); and
9.3.5	Goods which cannot be returned due to hygiene reasons (unless defective).
9.4	The Customer can cancel the Order by serving notice under clause 20.
9.5	If the Customer qualifies for a refund under these Terms, the Supplier will refund the purchase price of Goods returned within 30 days of receiving notice under clause 20 of the Customers intention to return the Goods.
9.6	If the Customer cancels an order after dispatch, but before receipt of the Goods, the Supplier reserves the right to levy a charge for the cost of return.
9.7	If Goods have been delivered to the Customer before the Customer decides to cancel the Contract:
9.7.1	then the Customer must return the Goods to the Supplier without undue delay and in any event not later than 14 days after the day on which the Customer let the Supplier know that the Customer wishes to cancel the Contract. The Customer should return the Goods to the Supplier in person to Unit 38 C & D, Marchington Industrial Estate, Stubby Lane, Marchington ST14 8LP. VAT number: 919 8029 94. If the Supplier has offered to collect the Goods from the Customer, the Supplier will arrange for the Goods to be collected from the address to which they were delivered and will contact the Customer to arrange a suitable day for collection;
9.7.2	the Customer will be responsible for the cost of returning the Goods to the Supplier. If the Supplier has agreed to collect the Goods from the Customer, it will charge the Customer for the cost of collection.
9.8	Goods must be returned in the original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the Goods on delivery. No refund will be issued for Goods returned in an incomplete state (unless the Goods are defective). If the original packaging of a defective product has been damaged or destroyed the Customer should ensure the Goods are returned in suitable, protective packaging. The Supplier reserves the right to ask the Customer to provide evidence by way of photograph that the items are packed securely before returning (see Clause 10).
9.9	The Supplier will not issue refunds for any items lost or stolen in transit on return to the Supplier.
9.10	Where a return is lost or stolen in transit to the Supplier, the Customer should claim compensation from the organisation responsible for shipping the return.
9.11	If the Customer fails to return Goods to the Supplier, the Supplier reserves the right to organise collection and charge the Customer for the costs of doing so and for any losses incurred.
10.	EXAMINATION AND ACCEPTANCE
10.1	The Supplier takes a great deal of care to ensure that Goods leave its premises in good condition. If, however, there is obvious damage to the Goods, the Customer should make a note of the damage at the time of receipt.
10.2	The Customer shall inspect the Goods immediately upon receipt. The Supplier shall not be liable for loss of, defects to or shortages of Goods discoverable on reasonable inspection (or for total loss of the Goods in transit, if delivery is arranged), unless the Customer notifies the Supplier within 3 days of receiving confirmation of the Customers date of collection, or within 24 hours of delivery (whichever is earlier). If the Customer does not give any such notice then the Goods shall be considered to have been received in full and accepted by the Customer. Notice under this clause 10.2 can be given by email or telephone.
10.3	If after notifying the Supplier of its intention to reject the Goods, the Customer deals with the Goods as owner or if any of the Customer's conduct is inconsistent with such rejection or with the ownership of the Goods by the Supplier, the Customer shall be deemed to have accepted the Goods and be bound to pay for them.
10.4	If the Customer does not reject the Goods within the timescale outlined at Clause 10.2, or if the Customer has used or installed them after having rejected them, the Supplier will deem the Customer to have accepted them.
10.5	The Supplier reserves the right to arrange to inspect Goods and to request documentary evidence, such as photographs, to demonstrate any defects.
10.6	If the Supplier accepts on inspection or photographic evidence that the Goods are defective then (subject to the notification requirements at Clause 10.2) the Supplier will either (i) refund the price of the Goods (exclusive of VAT), in full or in part on a pro-rata basis, or (ii) repair or replace the Goods if repair or replacement is possible, provided that the Customer will return the Goods (or the part of such Goods which are defective) to the Supplier.
10.7	If the Supplier does not agree that Goods are defective, or if any defect is deemed to be through fault of the Customer, the Supplier reserves the right to recover any associated costs from the Customer (such as the cost of carrying out an inspection) and to reject any claim in respect of alleged damages or defective Goods. In these circumstances, the Customer will be expected to bear the cost of collection and/ or redelivery and/or replacement goods.
10.8	The Customer will not be entitled to a reject Goods delivered or claim damages in respect of any deviations in quantity of goods delivered of 3% or less of value from that set out in the Contract and the Customer shall be obliged to accept and pay for the Goods as per the Contract.
11.	DELIVERY AND COLLECTION
11.1	The Suppliers Delivery Policy is available on the Suppliers Site here.
11.2	The Supplier aims to deliver Goods within the timescale relevant to the Customer's location and will provide an estimated delivery date (or, if requested, an estimated Collection date) as part of the Order Confirmation. If the estimated date is not convenient the Customer should call the Supplier on 01283 734990, within 12 hours of receiving its Order Confirmation, to re-arrange an alternative time. If the Customer would prefer to collect the Goods the Customer should notify the Supplier before placing an Order. The Supplier's customer services team can be contacted on 01283 734990 or by email at
11.3	If Goods are being imported from abroad or the Goods ordered are not in stock at the time of purchase, delivery may be in excess of 30 days.
11.4	The Supplier's scheduled delivery times are between 8:30am and 6.00pm. Deliveries are usually via a third-party pallet network and/or courier, for which the Supplier is not responsible. All delivery times are estimates only and cannot be guaranteed. Estimated times for delivery are not of the essence and the Supplier's failure to meet an estimated delivery date shall not entitle the Customer to repudiate the Contract.
11.5	The Supplier recommends that the Customer does not book contractors or tilers on the day of delivery and will not be held responsible for any losses the Customer incurs from doing so, should delivery be delayed.
11.6	The Supplier shall not be liable for any failure to deliver, or for any delay in delivery of the Goods, or damage to Goods delivered, arising from circumstances beyond its reasonable control.
11.7	Due to their weight and dimension, Goods are usually delivered on a 17 ton lorry, with a tail-lift and pallet-truck for moving tiles. The Customer must notify the Supplier about any obstacles at the Customer's chosen delivery location (Delivery Location) which may affect delivery, such as low hanging sign posts and trees, low bridges, narrow country roads and steep gradients, as well as any parking and/or unloading restrictions at the Customer's chosen address, including double yellow lines. The Customer can provide this information by calling the Supplier's customer services team on 01283 734990. Where possible in such circumstances the Supplier will try to deliver by smaller vehicle, but this cannot be guaranteed. Delivery by smaller vehicles may incur additional delivery charges and delivery schedules. The Supplier reserves the right to recover from the Customer, and the Customer agrees to pay, any costs incurred on delivery, such as fines incurred for parking and/or unloading in restricted areas.
11.8	The Goods will be delivered by way of an economy kerb-side drop. It is the Customers responsibility to move Goods to their final destination once delivered.
11.9	If no one is available at the Customer's address to take delivery, or if Goods cannot be dropped-off because of difficulties accessing the drop-off point, the Supplier reserves the right to levy a charge for having to abort the delivery and for the cost of any redelivery and/or storage charges.
11.10	Delivery of an order shall be completed when either (i) the Supplier delivers the Goods to the Delivery Location; or (ii) the Customer, or a carrier organised by the Customer, collects the Goods.
11.11	The Customer will be responsible for the removal of all packaging after delivery. This will include the disposal of any wooden pallet supplied with delivery.
11.12	The Supplier shall be entitled to make delivery of the Goods by instalments and to invoice the Customer for each instalment dispatched. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
11.13	Where Goods are to be supplied or delivered by the Supplier in accordance with periodic delivery schedules or similar notification of the Customer's delivery requirements, the Customer shall not be entitled to cancel or vary any such delivery schedule or requirement which is expressed by the Customer to be a firm requirement without the Supplier's prior written consent and the Supplier shall be entitled to reimbursement of any additional costs and expenses incurred or suffered as a result of such cancellation or variation.
11.14	If the Customer arranges to collect Goods from the Supplier's premises, either in person or via a third party carrier, the risk in the Goods will pass to the Customer on collection (see clause 13). The Supplier will not be liable for any damage or breakages incurred while the Goods are in transit after collection. It is essential that:
11.12.1	The Customer checks the weight and dimensions of the Order before collection and ensures that a suitable vehicle is used - one which is able to accommodate the weight and volume of the Goods and which can be loaded by fork-lift truck. The Supplier's warehouse staff will only load Goods onto a collection vehicle if it is safe to do so; and
11.12.2	The Customer ensures that the Goods are packed securely to avoid any damage in transit.
11.15	Where postponement of delivery or collection is agreed with the Supplier at the Customer's request the Customer shall, if required by the Supplier, pay all costs and expenses incurred as a result of such postponement (including a reasonable charge for storage and insurance of the Goods and interest on the price of the Goods). The Goods shall be held at the Customer's risk as from the time of postponement.
11.16	If performance of the Contract is suspended at the Customer's request or delayed through default of the Customer's, including (without limitation) lack of, incomplete or incorrect instructions or refusal to collect or accept delivery of the Goods for a period of 14 days, the Supplier shall be entitled to payment at the Contract rate for Goods supplied or ordered and any other additional costs thereby incurred including storage, insurance and interest PROVIDED THAT if the Customer fails to collect or accept delivery of the Goods or any part thereof within 7 days of written notification from the Supplier that the Goods are ready for collection or delivery, the Supplier shall be entitled (without prejudice to any other remedies under the Contract for such breach) to sell or, at its option, destroy the Goods and to apply the proceeds of sale thereof if sold, and the scrap value if destroyed, towards payment of all sums due to the Supplier under the Contract.
11.17	The Supplier shall be entitled to withhold or suspend delivery of any Goods where any amounts payable by the Customer are overdue on any account whatsoever, or where the Supplier has reasonable grounds for believing the Customer will not be able to pay the price for the Goods or any other amount due to the Supplier, unless and until such amounts are paid in full, in cleared funds.
11.18	Any liability of the Supplier for non-delivery of the Goods shall be limited to replacing the Goods and within a reasonable time reissuing a credit note for the pro-rata Contract rate against any invoice raised for such Goods
12.	INTERNATIONAL DELIVERY
12.1	The Supplier does not typically deliver Goods abroad, but is happy to discuss any requirements the Customer may have for international deliveries. If the Customer has any queries relating to international deliveries the Supplier's customer services team can be contacted on 01283 734990. International orders will not be accepted on-line.
12.2	If the Customer orders Goods for delivery to an international destination, the Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. The Supplier has no control over these charges and cannot predict their amount.
12.3	The Customer will be responsible for payment of any such import duties and taxes. The customer should contact its local customs office for further information before placing an Order.
12.4	The Customer should indemnify the Supplier against all and any losses and costs for which the Supplier is required to pay in respect of, or incidental to the Order and referred to in clauses 12.2 and/or 12.3.
13.	RISK AND TITLE
13.1	All Goods shall remain the Supplier's property and legal and beneficial title to the Goods shall remain with the Supplier until the Customer has paid all sums due to the Supplier under the Contract and any other contract in full in cleared funds.
13.2	The Goods will be at the Supplier's risk (including all losses for breakages and damage) from the time of delivery or collection. If the Customer arranges for Goods to be collected by a third party carrier, risk will pass to the Customer when the third party carrier collects the Goods.
13.3	If the Customer receives Goods before payment is received by the Supplier in full, the following clauses will apply:
13.3.1 The Customer shall maintain in satisfactory condition and at its own risk and expense insure all Goods supplied by the Supplier from the date of delivery for their full replacement value against all the usual risks and keep all Goods safe and in good condition stored separately and clearly identifiable as the Supplier's property with all identifying marks intact and legible.
13.3.2	The Customer shall store or otherwise denote consignments of the Goods in respect of which legal title remains with the Supplier in such a way that the same can be recognized as the Supplier's property and where the same type of goods have previously been supplied by the Supplier and in which legal title has passed to the Customer, the Customer shall ensure that such goods are lent, sold, hired or otherwise utilized in priority to the Goods supplied under this Contract. The Customer shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods.
13.3.3	The Customer shall hold the Goods on a fiduciary basis as the Supplier's bailee and may use or sell the Goods or any of them in the ordinary course of its business on the basis that any proceeds of sale shall be held in trust by the Customer for the Supplier absolutely until the Customer has paid all sums due to the Supplier under the Contract in full. The Customer's rights under this clause shall be conditional upon the Customer including a retention of title clause substantially in the form of that contained at Condition 13.1 above in all contracts entered into by the Customer for the sale of the Goods or any of them.
13.3.4	The Customer's rights under clause 13.3.3 shall terminate immediately on notice from the Supplier or automatically on the presentation of a petition for the Customer's winding-up or for the making of an administration order in relation to the Customer or if the Customer has a Receiver or Administrative Receiver appointed over any of its assets or undertaking or the Customer goes into voluntary liquidation (other than for the purposes of a bona fide reconstruction or amalgamation of a solvent supplier) or if the Customer ceases to carry on business or applies or proposes or makes any compromise, arrangement or voluntary arrangement with its creditors or is unable to pay its debts (within the meaning of Section 123 or 268 (as appropriate) of the Insolvency Act 1986) or upon the happening of any equivalent event under the laws of any relevant jurisdiction, or the Customer encumbers or in any way changes any of the Goods. The Customer grants the Supplier, the Supplier's agents and employees an irrevocable licence at any time to enter into any premises where the Goods may be stored to recover them where the Customer's rights to possess them are terminated.
13.3.5	The Supplier and the Supplier's agents and employees may at any time enter the Customer's premises for the purpose of inspecting the Goods and identifying them as the Supplier's property and the Customer irrevocably authorizes the Supplier to enter upon the Customer's premises for that purpose.
13.3.6 Upon the termination of the Customer's powers of use and sale under clause 13.3.3 above the Supplier shall be entitled at its option:
13.3.6.1	to cancel all or any part of any orders for Goods placed by the Customer and not yet delivered (whether or not accepted or whether or not under the Contract or any other contract); and/or
13.3.6.2	to deal direct with any of the Customer's customers and/or to resell the Goods and any proceeds of any sale to such customers shall belong to us absolutely.
13.4	On termination of the Contract, howsoever occurred, the Supplier's rights contained in this clause 13 shall remain in effect
13.6	Title and risk in any returned Goods (in which title and risk has already passed) will not pass back to the Supplier until the Supplier is satisfied on receipt of the Goods, and on inspection, that they are in satisfactory condition and suitable for re-sale (or in the case of return due to defect, that the Goods are defective).
14.	PRICE OF GOODS AND DELIVERY CHARGES
14.1	Unless otherwise agreed in the Contract, or agreed by the Supplier in writing the price of the Goods will be as quoted on our published price list at the time the Order is submitted.
14.2	If ordering on-line, the prices of the Goods will be as quoted on the Suppliers Site.
14.3	The Supplier takes all reasonable care to ensure that the prices of Goods are correct. However, the Customer is referred to Clause 14.11 for what happens if the Supplier discovers an error in the price of Goods the Customer orders.
14.4	The price of Goods quoted does not include the cost of cases or other packing materials, the cost of delivery or insurance of the Goods in transit, which the Customer shall pay in addition.
14.5	The price of the Goods is exclusive of Value Added Tax.
14.6	Any quotation given by the Supplier is valid for a period of 30 days from the date it is issued, provided that the Supplier has not previously withdrawn it.
14.7	Where the price has been quoted based on stated production runs and specific delivery periods, we reserve the right to vary the price for the Goods should the Customer order different quantities from those stated and/or require delivery over a different period.
14.8	The Supplier reserves the right to vary the price of Goods without notice by any amount attributable to a change in or insufficiency of the Customer's instructions, change of law, any variation in the cost of materials, labour, transport, duties, taxes, exchange rates or any costs of whatsoever nature between the date of the Contract and the date of delivery or completion of payment.
14.9	If the rate of VAT changes between the date of the Customer's order and the date of delivery, the Supplier will adjust the VAT the Customer pays, unless the Customer has already paid for the Goods in full before the change in VAT takes effect.
14.10	The Supplier's delivery charges vary depending on the distance of the Customer's delivery address from the Supplier's distribution centre, the weight of the Goods ordered and the means of delivery used, including the type of vehicle. If ordering on-line, delivery options and costs will be calculated as part of the order process and the Customer's available options will be made clear before the Customer places an Order.
14.11	The Supplier supplies a large number of Goods. It is always possible that, despite the Supplier's best efforts, some of the Goods on the Supplier's Website or published price lists may be incorrectly priced. The Supplier will normally check prices as part of its dispatch procedures so that:
14.11.1	where the correct price of Goods is less than the price stated on the Supplier's Website, or published price list, the Supplier will charge the lower amount when dispatching the Goods to the Customer. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Customer as a mispricing, the Supplier does not have to provide the Goods to the Customer at the incorrect (lower) price; and
14.11.2	if the correct price of the Goods is higher than the price stated on the Supplier's Website, or published price list, the Supplier will contact the Customer as soon as possible to inform the Customer of this error and the Supplier will give the Customer the option of continuing to purchase the Goods at the correct price or cancelling the Customer's Order.
15.	PAYMENT
15.1	Unless individual credit terms are agreed between the Supplier and the Customer, Goods, including any delivery charges, shall be paid for in full, in cleared funds, before any Goods are despatched.
15.2	Payment for any bespoke orders must be received in full and clear funds before the fabrication of such orders will begin.
15.3	If credit terms are arranged, the Supplier may, at its discretion, despatch goods sooner and agree payment no later than the last day of the month immediately following the date of the invoice.
15.4	The Supplier shall be entitled at its sole discretion from time to time to require the Customer to pay up to a maximum of 100% of the price of the Goods on the date the Customer submits an Order and/or up to the date that the Supplier notified the Customer that the Goods are available for collection.
15.5	Where the Goods are delivered by instalments, the Customer shall be obliged to pay for each instalment upon the terms set out in Clauses 15.1 or Clause 15.2 as appropriate.
15.6	The time stipulated for payment shall be of the essence and failure to pay within the period specified shall entitle the Supplier upon the expiration of 7 days notice in writing, to suspend further performance of the Contract pending payment and in addition the Supplier shall be entitled, without liability, wholly or partially to cancel the Contract or any other contract between the Customer and the Supplier without prejudice to any other remedy available to the Supplier. The Customer shall be liable for all cancellation, delivery and ancillary costs incurred by the Supplier arising in respect of any failure to make the payments due under the Contract.
15.7	The Customer shall make all payments due under the Contract in full without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Supplier to the Customer as any monies due to the Customer under the Contract.
15.8	The Supplier may at any time in its absolute discretion set off any payment made by the Customer in respect of the Goods to any outstanding debt owed by the Customer to the Supplier.
15.9	All payments due to us under the Contract shall become due immediately upon its termination despite any other provision.
16.	INTEREST FOR LATE PAYMENT
16.1	Without prejudice to any other remedy which may be available to the Supplier hereunder or at law, if the Customer fails to pay the price for the Goods in full (including any VAT and delivery charges) by the due payment date, the Customer shall pay to the Supplier during the period commencing on the day following the due date for payment and expiring on the day that payment is received by the Supplier in cleared funds, interest at the rate in force on the due date for payment pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on the total amount outstanding accruing on a daily basis until payment is made, whether before or after any judgment.
16.2	If at any time the payment of any invoice falls overdue, whether such invoice is issued by the Supplier under this Contract or any other contract, all invoices issued by the Supplier under this Contract or any other contract shall immediately become due and payable.
16.3	The Customer shall on demand fully indemnify and hold the Supplier harmless against all charges, costs, expenses and liabilities incurred by the Supplier or its agents in the collection of any monies due from the Customer whether under this Contract or any other contract.
17.	THE SUPPLIER'S LIABILITY
17.1	Subject to Condition 17.2 and Condition 17.3, the total liability of the Supplier to the Customer in respect of:
17.1.1	any breach of these Terms;
17.1.2	any use made or resale by the Customer of any of the Goods, are of any product incorporating any of the Goods; and
17.1.3	any representation, statement of tortuous act or omission including negligence arising under or in connection with the Contract in contract, tort (including negligence/statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Goods, exclusive of VAT.
17.2	Nothing in these Terms limits or excludes the Supplier's liability for:
17.2.1	death or personal injury caused by our negligence;
17.2.2	fraud or fraudulent misrepresentation;
17.2.3	breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.2.2	defective Goods under the Consumer Protection Act 1987.
17.3	Subject to clause 17.2, the Supplier will under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
17.3.1	any loss of profits, sales, business, or revenue;
17.3.2	loss of production, opportunity or loss of bargain;
17.3.3	loss or corruption of data, information or software;
17.3.4	loss of business opportunity;
17.3.5	loss of anticipated savings;
17.3.6	loss of goodwill; or
17.3.7	any indirect or consequential loss;
17.3.8	any claim for loss, damage or any liability of the Customer to any third party.
17.4	Except as expressly stated in these Terms, the Supplier does not give any representation, warranties or undertakings in relation to the Goods. Any representations, conditions or warranties which might be implied or incorporated into these Terms by statute, common law, or otherwise, save for the conditions implied by section 12 of the Sales of Goods Act 1979 is excluded to the fullest extent permitted by law. In particular, the Supplier will not be responsible for ensuring that the Goods are suitable for the Customer's purposes.
17.5	The Customer acknowledges and agrees that in entering into the Contract, it does not rely on, and shall have no remedy in respect of any statement, representation, or warranty given by any person relating to the Goods or their supply (including as to condition, quality, and fitness for purpose and conformity with any sample). All warranties implied by statute, common law, custom or otherwise as to the condition or quality of the good, or fitness for purpose of the Goods, or correspondence with any sample are hereby excluded.
18	TERMINATION
18.1	The Supplier shall be entitled at any time with immediate effect and without prejudice to any other of its rights under the Contract following a breach of the Contract by the Customer which is incapable of remedy, or a remediable breach of this Contract which the Customer fails to remedy within 14 days after notice of the breach, or a series of persistent breaches of the same provision of this Contract and the Customer commits a similar breach within 14 days after notice of the breaches to:-
18.1.1	suspend further performance of the Contract, and of any other contract between the Supplier and the Customer until the default has been made good;
18.1.2	terminate the Contract or any other contract between the Supplier and the Customer or any unfulfilled part of the Contract; and
18.1.3	make partial supplies of the Goods.
18.2	Notwithstanding such termination as set out in clause 18.1 the Customer shall pay to the Supplier the price for all completed work, all materials used and for all or any Goods delivered up to and including the date of termination (including VAT and the cost of delivery).
18.3	The Customer shall on demand fully indemnify and keep the Supplier fully indemnified against any resulting loss, damage or expense incurred by us in connection with the supply or non-performance or termination of the Contract whether in whole or in part, including but not limited to the cost of any material, plant or tools used or intended to be used and the cost of labour and other overheads including a percentage in respect of profit.
18.4	Either party shall be entitled to terminate the Contract immediately by notice to the other party if the following events occur in relation to the other party: the other party shall be made bankrupt, or if a body corporate, be dissolved, liquidated or wound up or have a petition for winding up presented against it which is not withdrawn within 30 days of its presentation or pass a resolution for voluntary winding up, or have a petition for the making of an administration order presented against it, or have a receiver or administrative receiver appointed to the whole or a part of its undertaking or assets or convene any meeting of its creditors or make an arrangement or otherwise compound or compromise with its creditors or cease or threaten to cease trading or suffer any similar event in any jurisdiction relevant to that party.
19	FORCE MAJEURE
19.1	The Supplier will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Force majeure Event, as defined below in clause 19.2
19.2	If the Supplier is prevented or hindered from performing the Contract or any part of the Contract by circumstances beyond its reasonable control including (without limitation) acts of God, strikes, lockouts or other industrial action, inability to obtain materials or labour, power or machinery breakdown or failure, fire, flood, civil commotion, riot, protest, terrorism problem, war, natural emergency or any course of whatever kind and whenever occurring ("Force Majeure Event"), further performance of the Contract shall be suspended for so long as the Supplier is so prevented or hindered. The Supplier shall not have liability to the Customer for direct, indirect or consequential loss or damage suffered by the Customer because of delayed delivery, non-delivery or otherwise as a result of our inability to perform our obligations under the Contract by reason of any such circumstances.
19.3	The Contract is not cancellable by the Customer upon the occurrence of a Force Majeure Event without the express written consent of a director or other authorised person on behalf of the Supplier.
20	COMMUNICATIONS BETWEEN US
20.1	Notices under this Contract shall be in writing and sent by hand, courier, registered post, first class post, or facsimile, to the address of the other party (or any other address, which a party by notice states for this purpose).
20.2	Notices shall be deemed to have been received: if sent by hand, courier or registered post, on delivery; if sent by post, on the second day from but excluding the day of posting if sent to an address in the United Kingdom.
21	OTHER IMPORTANT TERMS
21.1	The Supplier may transfer its rights and obligations under a Contract to another organisation, but this will not affect the Customer's rights or obligations under these Terms.
21.2	Unless otherwise stated, the Customer shall not without the Supplier's prior written consent assign, transfer, sub-contract, delegate, charge or mortgage or otherwise dispose of the benefit of this Contract or any of its rights, obligations or authorization under this Contract
21.3	This Contract is between the Customer and the Supplier. No other person shall have any rights to enforce any of its terms whether contractual, statutory or otherwise whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.4	Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5	If the Supplier fails to insist that the Customer perform any of its obligations under these Terms, or the Supplier does not enforce its rights against the Customer, or if the Supplier delays in doing so, that will not mean that the Supplier has waived its rights against the Customer and will not mean that the Customer does not have to comply with those obligations. If the Supplier does waive a default by the Customer, it will only do so in writing, and that will not mean that the Supplier will automatically waive any later default by the Customer.
21.6	The Supplier shall not be considered to have given any consent or approval required under this Contract until it has been issued in writing.
21.7	This Contract shall not operate so as to create a condition partnership or joint venture of any kind between the parties hereto.
21.8	Any Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
21.9	The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Our Terms and Conditions may change from time to time and all updates will be posted on this page. These Terms and Conditions were last updated on February 12th 2018.
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Shinjuku City Official Website > Foreign Language Top Page > Useful Information > Dirty Business Practices—Don't Permit Them! Don't Be Tricked! Don't Give In!!
Cases of victims of dirty business practices continue to increase. Business practices are becoming more dishonest and complicated every year, such as sales talks that hide the real intention, forceful and persistent sales pitches, fraudulent selling/buying, and threatening words. The people behind these practices try to take advantage of your weaknesses and use psychology and all kinds of methods to trick consumers into falling into their trap.
If you become a victim of dirty business practices, you may encounter serious problems that can threaten the safety and stability of your everyday life, such as having difficulty in canceling a contract you do not agree with, being charged large cancellation fees, being unable to recover fees you've already paid, and having your personal information stolen. It is wise to always be prepared to avoid becoming involved in such practices. That way you'll be able to think calmly when an emergency arises. If you find yourself in trouble, do not worry about it by yourself or give in. Instead, please consult the Shinjuku Consumer Life Center as soon as possible.
Note: Inquiries and consultation services are in Japanese.
The Internet is a convenient tool used for a wide variety of purposes, such as collecting/exchanging information, finalizing contracts/business, and leisure. Unless you use it wisely, however, you can become involved in unexpected trouble.
You receive an e-mail in your mobile phone for a bill from a website you have never used.
Your device suddenly connects to an adult website, and when you click on "For those eighteen years of age or older," a message saying, "Registration Complete" appears, and a page showing an expensive bill appears on your screen that you cannot close or delete.
An item you purchased via the Internet is not delivered, or is a fake.
You receive an e-mail that says, "You've been selected as a monitor. You will receive a gift!" or "Congratulations! You've won a prize!" and you give your name and address for the items to be sent, but never receive it. You wonder how your personal information might be used.
If you receive a bill for inapplicable usage fees, ignore it. If you contact the other party when they say "Legal action will be taken," you may end up giving them your personal information, and their warnings may escalate as a result.
To spot a fraudulent business website, carefully check to see if the site has clearly posted company information, the payment methods, the contract terms and cancellation procedures. It is dangerous to casually negotiate terms with other parties through the Internet.
Be careful about observing rules on how to use the Internet safely, and thoroughly learn measures and countermeasures for using the Internet, such as security measures.
This type of fraudulent business practice often takes advantage of the dreams and expectations of young people, lures them with stories of prosperity and success, and tries to make a profit from them.
A multilevel distribution practice spreading among university students is one in which the victim joins a sales organization, such as futures trading or network business, and invites other new members to join. The profit lies in the new membership fee and in the sales purchases, and a large subscriber fee is offered. However, the merchandise and services often do not sell, and most people lose a lot of money when new members cannot be recruited. Interpersonal relationships are destroyed as well.
"Catch" sales targeting young women represent another serious problem. While the initial sales pitch is to offer free aesthetic salon/hair removal services—or perhaps an introduction to a modeling/acting agency—victims are usually forced to buy expensive cosmetics, facial devices and accessories.
Victims of the abovementioned practices often do not know what to do when faced with pushy tactics, such as being forced to sign a loan if they are unable to pay the price, or having the application for cooling off refused. Always try to determine the true objective of these sales tactics.
This sales tactic involves a salesperson who visits a home claiming to offer free inspections of fire extinguishers, water purifiers, drainpipes or other things. After the inspection, however, the salesperson attempts to convince the victim to replace the equipment for a fee, finalize a long-term lease contract, or approve expense sewerage construction. In many cases, the salesperson says, "We are conducting free inspections for a product you purchased from us before," as if their follow-up services were extremely good.
It is wise not to finalize any such contract on the spot, even if the salesperson make claims to make the consumer feel uneasy, such as, "You must exchange this as soon as possible to be on the safe side," or "Leaving this alone will lead to something terrible," or if the salesperson says he/she will give you a special price or is doing work contracted by a public institution. Take your time and discuss matters with your family, friends and other companies you can trust, and then proceed carefully.
In this scenario, the victim finalizes a contract to invest in stocks or a business after being assured of a profit. When the money does not come in as promised, however, and the victim tries to contact the other party, they cannot be reached. Many elderly people fall victim to this tactic.
A similar tactic involves a company asking an elderly person to apply for the right to be admitted to a nursing home, and then transferring the right to someone else. At a later date, someone claiming to be the nursing home calls to indicate that a "name lending" violation has occurred, and that a fee must be paid to erase the whole incident. Other cases of dirty business tactics include frauds that try to connect their stories with the Tokyo Olympics, the leakage of personal information by companies, IPS cells or other timely topics.
There have been many cases recently of "theater-style" sales practices in which there are many characters on the team working the fraud. Claiming to be from more than one company, they call the victim and say, "We want to buy your item at a higher price than what you paid." In this manner, the team tries to gain the consumer's confidence. Please beware of this type of fraud as well.
It is vital to remember defensive tactics against salespeople. These include not opening the door or letting people inside your home, refusing clearly in person or over the telephone, not becoming deeply involved in a conversation if you sense something is wrong, and ignoring bills that have no grounds and words that can be taken as threats. Do not be fooled by kind voices, heartwarming ways of talking, or names that sound like official institutions.
2. Do not finalize a contract in a hurry. In particular, do not pay any money or give out your personal information without due consideration.
Read a contract until you thoroughly understand and agree with the content and the contract (cancellation) conditions. In most cases, once you pay a fee, it cannot be recovered. In addition, once you give your personal information away, it is not possible to retrieve it.
It is essential that to have more than one person review a contract before it is signed, such as for the validity of the content and contract procedures, and contract fees.
It is not unusual for a person to become a victim of a dirty business practice and not even know it, or for a victim to worry alone with no one to talk to. The right advice can prevent damage. In particular, the elderly—who often fall prey to these practices—need the heartwarming protection and understanding of the people in their community. Please keep an eye out for anything that seems unnatural or suspicious.
"Cooling off" is a system that allows you to unconditionally cancel a contract already made within a legally designated period for a designated form of sales, such as door-to-door/visiting purchase ("push sales") and telephone sales.
The other party will be notified with a letter (be sure to keep a copy for your own files) sent by special registered mail or simple registered mail. In the case of a credit contract, the credit company and the sales company will be notified simultaneously.
For more information, such as on the type of business transactions that the system* might apply to, the cooling-off period, and what notifications are made to the other party, please ask the Shinjuku Consumer Life Center.
*Cooling off does not apply to purchases made in shops or by mail order.