Terms of service

Definitions and Interpretation

In these standard Terms and Conditions of Sale:

“Company” means From The Forge Ltd

“Customer” means customer of the Company.

“Conditions” means these Standard Terms & Conditions of Sale.

“Contract” means the Contract for the sale of the Products.

“Goods” means the goods/products (including any portion thereof) which the Seller agrees to supply in accordance with the Conditions of Sale.

“Working Days” means any day other than Saturday, Sunday and public holidays.

“Carrier” means the company, person or persons with the object of delivering the Goods to the Customer.

“Writing” includes letter, fax, email transmission, text or any similar form of communication.

“Bespoke” means an item that is custom made or made-to-measure to the customer’s specification.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

1. General Terms and Conditions

1.1 These Terms and Conditions explain your rights and obligations in relation to our website and any goods purchased through our site. Please read them carefully.

1.2 The statutory rights of a Buyer who acts as a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 are not affected by the Conditions.

1.3 Where appropriate the rights of a Buyer as set out in the Consumer Protection (Distance Selling) Regulations 2000 are not affected by the Conditions.

1.4 By accessing our website and placing an order, you agree to be legally bound by these Terms and Conditions and all goods are subject to availability.

1.5 If you require any further clarification on these Terms & Conditions, please contact us at info@fromtheforge.co.uk.

1.6 These conditions represent the entire Conditions of sale and nothing shall operate to in any way alter or vary the Conditions without the prior approval of the Company.

1.7 These conditions shall apply to all contracts to the exclusion of all other conditions express or implied by statute or otherwise to the extent as is permissible by law.

1.8 Acceptance of Goods by the Customer shall be conclusive evidence before any Court or Arbitrator that these Conditions apply.

1.9 From The Forge reserves the right to change the Conditions without prior notice. Updated Conditions will be on the website and so we advise customers to always check before ordering.

2. Purchasing from Us

2.1 Full payment for the order, and delivery charge where applicable, will be taken at the time of ordering. Payment can be made via most major debit or credit cards, or via bank transfer for orders placed directly with us following an enquiry.

2.2 By submitting your order, you are offering to buy the goods from us at the agreed price and are allowing us to use your personal details for the purposes of supplying goods, including passing your details on to couriers.

2.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, this does not mean that your order has been accepted.

2.4 We will confirm acceptance of your order by sending you an email (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation and payment has been received in full.

2.5 It is the responsibility of the customer to ensure all details supplied are accurate to your requirements and the goods delivered match these requirements.

2.6 Made-To-Measure: Items categorised as “made-to-measure” will feature a “made-to-measure” text stamp above or below the product title. These products are exclusively manufactured upon order placement, whether in standard size or bespoke measurements, constituting a bespoke order.

2.7 The Company cannot accept responsibility for any product that you, the customer, order incorrectly, nor can we restock bespoke products or accept returns for these.

2.8 Upon receipt of an order, an order confirmation will be sent to the customer which we strongly recommend you check for accuracy. If any changes are required on any order after the product has been processed for delivery, charges may apply in order to make a change, or to process a return.

2.9 Although we have made every effort to be as accurate as possible, all weights, dimensions and measurements indicated on our site have a 2% tolerance.

2.10 From The Forge does not offer an installation service and installation is the sole responsibility of the Customer. From The Forge does not accept liability for any damages caused by incorrect installation or incorrect sizing.

2.11 To enable us to process all orders, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your order. For the avoidance of doubt, this email does not constitute a contract between us.

2.12 All Products shown on our site are subject to availability. In the unlikely event that the product you ordered goes out of stock, we will endeavour to give you a date when the product should be back in stock. You can then decide whether you would like to wait for restocking or prefer us to refund your order in full. If you would like a refund, we will cancel the order and refund immediately.

2.13 Once you have placed your order online we will not be able to change the delivery address. If the delivery address is different from the billing address you must add this when placing your order. If you would like to change the address, we reserve the right to cancel the order and refund. You would then need to place a new order online. If you have any queries about delivery, please contact us in advance of placing an order.

3. Pricing

3.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 3.5 for what happens in this event.

3.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

3.3 The price of a Product includes VAT, where applicable, at the current rate chargeable in the UK at the time. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

3.4 The price of a Product does not include delivery charges unless otherwise stated on our site. Our delivery charges are as quoted when placing your order. To check relevant delivery charges, please refer to your Order Confirmation.

3.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect lower price.

3.6 Promotional discount codes on our site cannot be used in conjunction with any other offer.

3.7 No charge is made to the Customer for credit or debit card payments.

3.8 The Company requires payment for the whole of the price of the goods you order, and any carriage charges if applicable, before your order can be accepted.

3.9 Quotations are not offers. They may be withdrawn or revised at any time before acceptance of an order by the Company.

4. Damages

4.1 Upon delivery, you must check goods for damage or missing items. If this is not possible, please sign for as “unchecked”. You must then inform us within 2 working days of delivery of any missing items or parts.

4.2 We will require photographic evidence of any damage, which you can email to us at info@fromtheforge.co.uk.

4.3 Where damage has occurred, we will offer to exchange the affected product(s) where possible or alternatively collect and refund you for the damaged item(s). We do not accept any liability for further consequential losses.

4.4 You will become the owner of the goods you have ordered when they have been delivered to your address. This means that once delivered to your address, they will be held there at your own risk and we will not be liable for any loss, damage or destruction of them.

4.5 If you hang your gates or install any of our products prior to informing us of any delivery damages or faults, we are under no obligation to repair, replace or refund them.

4.6 If you have altered your gates, or any product purchased, we are under no obligation to repair, replace or refund them.

5. Installation

5.1 All of our products are sold on a supply only basis. The Company does not accept responsibility for any fitting costs. You must check all parts and components are present and match the order before scheduling an installer or making alterations to goods.

5.2 The Company cannot be held responsible for any of our gates or products installed by other parties for damage, injury or loss of life. Each gate must be installed correctly and adhere to building regulations.

5.3 If our gates are supplied and need to be automated after supply, you must check prior to order that the dimensions of the gate are appropriate for the automation system. Please contact us in advance of placing an order so that we can liaise with you and provide any additional details relating to the gates, so that you can check their suitability and adaptability to work with your automation system. The Company will not be responsible for any automation on the gates. The Company cannot accept returns following any alteration or damage to the gates following an attempted installation.

5.4 It is the customer’s responsibility to select and correctly install appropriately sized gate posts and automation systems.

6. Delivery

6.1 We offer mainland delivery to the majority of England, Scotland and Wales. Excluded areas include but are not limited to the Isle of Wight, the Isle of Man, parts of Scotland, the Scottish Isles, Northern Ireland and the Channel Islands. Delivery may be arranged to these excluded areas at the discretion of the Company and will be subject to additional delivery charges and longer delivery times.

6.2 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

6.3 Delivery will be completed when we deliver the Products to the address you gave us.

6.4 If no one is available at your address to take delivery, the delivery driver will leave you a note that they have attempted to deliver the Products. It is your responsibility to re-arrange delivery. There will be a re-delivery charge or alternatively you can collect the Products from one of our warehouses. If you are happy for us to leave the goods in a safe location, please let us know prior to the delivery date. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.

6.5 The Products will be your responsibility from the completion of delivery.

6.6 It is very important that the delivery address provided when placing the order is accurate and we reserve the right to charge for a re-delivery if our courier is unable to locate your address due to incorrect information given.

6.7 Due to the size and weight of many of our products, we will need to apply a delivery charge to most orders. Where possible, delivery will be calculated automatically at checkout, but for some locations we will need to confirm the delivery charge via an enquiry. We aim to respond to all enquiries within 1 working day.

6.8 Delivery costs will be calculated on the size and weight of the products ordered and the distance travelled from our nearest depot. For the majority of orders, we do not use third-party couriers. Instead, our professional and friendly delivery team will transport your products with care.

6.9 Orders may be delivered using a small vehicle mounted lifting crane. Please inform us in advance if there are access restrictions that could prevent this from being possible. Please be aware that we will typically need to leave large, heavy items, such as gates, in close proximity to where our delivery vehicle is able to park and unload.

6.10 Where goods are delivered via a third party courier, we are not responsible for any delay due to the courier once the order has been dispatched from us. This is outside our control and we cannot be held liable for any consequential losses incurred from a late delivery. You must make sure you are in receipt of your goods before arranging an installer and that you have allowed enough time to inspect goods and get replacements in case of damage.

6.11 If you arrange your own courier, we cannot be held liable for any damage caused to our products during transit or upon delivery.

6.12 We aim for all orders placed to be delivered within 7-14 days. However, if you need the order sooner, please send us an enquiry as this may be possible.

6.13 Collection in person from your nearest depot may be possible, so please enquire if this is of interest.

6.14 Please note that deliveries will be made to the address where the payment card is registered for all orders placed directly via our website. If an alternative delivery address is preferred, please contact us via our enquiry page and we will be able to assist you.

6.15 If the product you ordered is a bespoke product and has been made to the exact specification confirmed, then there is no right to return under the Distance Selling Regulation. However, if the product has not been made to the confirmed agreed specification or the gate is damaged in transit, we will arrange collection for repair or replacement as appropriate.

6.16 In the unlikely event there is a problem with your goods upon arrival, please contact us by email at info@fromtheforge.co.uk.

7. Cancellation, Returns and Refunds of Contracts

7.1 All orders placed with From The Forge Ltd are subject to our Terms and Conditions.

7.2 Made-to-Order and Bespoke Goods: Products that are custom-made to your specifications, including made-to-measure and non-standard options, are classed as “bespoke” or “made-to-order”. Once manufacturing has commenced or the item has been dispatched, these products cannot be cancelled or returned, as they fall outside of the Consumer Contracts Regulations.

7.3 Standard Products (Non-Bespoke): Customers have a right to cancel standard non-bespoke products within 14 calendar days from the day after delivery, in line with the Consumer Contracts Regulations 2013. This applies only to consumer purchases and does not apply to business-to-business transactions.

7.4 If cancellation is requested after dispatch or delivery of a standard product:

• The product must be returned within 14 days of cancellation of the order.
• The Customer is responsible for arranging return of the product at the Customer’s cost.
• In some circumstances and at From The Forge’s discretion, we may be able to arrange collection, for which a collection charge will apply. The collection charge will be calculated according to the product weight, dimensions and delivery location and confirmed in advance.
• Upon receipt of a return, the product must comply with the Return Conditions clause below.

7.5 Cancellations at Point of Delivery: If a customer refuses delivery at the time of arrival without prior written consent from From The Forge Ltd, it will be considered a cancellation after dispatch. In such cases:

• A re-stocking fee may apply.
• A collection and return fee will be charged based on the order’s size, weight and delivery distance.

Our delivery drivers are not authorised to accept returns unless pre-arranged with the Company.

7.6 Return Conditions:

• Goods must not be installed, painted, damaged or modified in any way.
• Products must be returned in a resalable condition, in their original packaging where possible.
• If you arrange your own return, prior to returning the product you must have obtained written confirmation of the returns address and a Returns Number from From The Forge beforehand.
• If you arrange your own return, you must obtain and provide proof of delivery from your chosen courier and you will be responsible for insuring the product against loss or damage during transit.
• Upon return and inspection, if the goods are not in an as new and resalable condition, we reserve the right to refuse the return, or to deduct any loss in product value from your refund.

7.7 If From The Forge Ltd agrees to arrange collection of returned goods, collection charges will be agreed in advance and deducted from the refund total.

7.8 Refunds will be processed within 30 days of cancellation approval and receipt of returned goods.

7.9 To request a cancellation or return, contact us by email at info@fromtheforge.co.uk. No cancellations are valid unless confirmed by From The Forge Ltd in writing.

8. Cancellation by Us

8.1 We reserve the right not to process your order if any of the following apply:

• 8.1.1 We have insufficient stock to deliver the goods you have ordered.
• 8.1.2 We do not deliver to your area.
• 8.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

8.2 If we do not process your order for any of the above reasons, we will notify you by email and refund you as soon as possible, but in any event within 30 days.

9. Liability

9.1 If any goods or services are defective due to defective workmanship or material, we shall replace such goods, or the defective part, or refund the price of such defective goods, subject to:

• (a) you giving us written notice of the defect within seven days of delivery or completion of the services or, in the case of a defect not discoverable upon reasonable examination, within seven days of the time when you discover or ought to have discovered the defect, and in any event within twelve months from the date of delivery;
• (b) we are given a reasonable opportunity after receiving notice to examine such goods and/or services in situ and, if asked to do so by us, you return such goods to our place of business for examination;
• (c) you do not make any further use of such goods after giving such notice;
• (d) the defect is not due to wilful damage, negligence other than ours, fair wear and tear, alteration or repair of such goods without our prior written consent, or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods other than by us;
• (e) the defect is not reported after any alteration has been made to the gate following delivery; and
• (f) the defect is not due to any act or omission of you, your agents or contractors.

9.2 Our entire liability for defective goods and services is set out above and in particular we shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed, or making good the place after removal, or for the cost of installing or fixing any repaired or replacement goods unless due to our defective service.

9.3 On request, we will provide information about any manufacturer’s guarantee offered and available to you in respect of the goods but we are not legally responsible for any obligation under manufacturer’s guarantees. Where the goods contain a warranty or guarantee offered by us please refer to the special conditions applicable on our website or available upon request.

9.4 Save as expressly set out in these terms, all warranties and other terms implied by statute or common law, save for the term implied as to title, are to the fullest extent permitted by law excluded from the contract.

9.5 Our total liability in contract, tort, including negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price.

9.6 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.

9.7 Nothing in these terms excludes or limits our liability for:

• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation; and
• (c) any other matter which it would be illegal for us to exclude.

9.8 We do not accept any liability for any order where we have suggested a suitable product.

9.9 We do not accept any liability for any loss, damage or injury arising as a consequence of any reliance placed upon the installation and/or calculation guides we provide.

9.10 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

10. Changes to Legal Notices

We reserve the right to change these Terms and Conditions from time to time without notification and so we advise customers to check them on our Website before placing an order to check for any updates.

11. Law, Jurisdiction and Language

This website, any content contained therein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

12. Invalidity

If any part of these terms and conditions is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of these conditions will not be affected.

13. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

14. Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

15. Events Outside Our Control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war whether declared or not, threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• (a) we will contact you as soon as reasonably possible to notify you; and
• (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.