Terms and Conditions

1. Definitions

• “Customer" means the person, company, or organisation entering into the Order.
• "Terms" means these terms and conditions.
• "Products" means the products, articles or items described in the Order
• "Standard Products" means the items shown on our website www.mikeayresdesign.co.uk.
• “Made to Order” means products which are not stocked due to their size or speciality and are only produced on receipt of an Order. These items will have an increased Lead Time.
• "Order" means the Order placed by the Customer either via the Website or written purchase order.
• “Lead Time” means the period for manufacture or delivery of the Product.
• "Quotation" means the Quotation, which is given to the Customer relating to the Products.
• "Mike Ayres Design" means the Company Mike Ayres Design Limited based at Harbour Ln, Diss. IP22 2ST. (Access via A1066)

2. Prices & Products

• All product prices on our Website are displayed in GBP (£).
• The price listed on our website is the applicable price for our products/services. Any other prices listed elsewhere, including in advertising or promotional materials should be disregarded.
• Prices are subject to change without notice and do not include installation.
• Prices listed do not include Shipping, VAT or any other taxes & duties that may be applicable.
• In the circumstances of an obvious error, we are under no obligation to provide the Products to you at the incorrect price, if the pricing error is obvious and unmistakable and could have been reasonably recognised by you as a mis-pricing.
• Mike Ayres Design ships the latest design model available, which adheres to any applicable statutory or regulatory requirements. We reserve the right to amend the specification of the goods supplied, where necessary.
• We are often able to make special modifications, if you have a special request, please contact us at 01359 251 551.
• Although Mike Ayres Design makes every effort to be accurate, all sizes, weights, dimensions and measurements listed on our website have a 5% tolerance.

3. Payment Terms

• All payments must be in British sterling GBP. We accept
• cheques,
• bank transfers,
• Visa, MasterCard & Electron.
• We do not accept payment on Collection, unless agreed in writing.
• Payment on credit or debit card will be processed as soon as your Order is received and your Products will be dispatched at the earliest opportunity.
• Upon the dispatch of your Products, an invoice shall be raised.
• If items are other Products on your Order, which have been delayed, on Back Order or under warranty then the invoice sent will reflect this and it will in no way affect the raised and due invoice.
• Those eligible for VAT relief must supply a copy of their exemption form to enquiries@mikeayresdesign.co.uk prior to Order shipment.

4. Credit Policy

• Credit is available to qualifying Customers upon completion of a credit application, which is available by calling 01359 251 551.
• Hospitals, government agencies and public schools are not required to complete an application, but Orders must be received via an official purchase Order on the organisation's official letterhead.
• Credit terms are Net 30 days from invoice date.
• Unpaid and past due invoices will be subject to a service charge on the unpaid balance. Customer is responsible and liable for all expenses incurred by Mike Ayres Design or its associates for collection, including reasonable solicitor fees.

5. Quotations & Orders

• For all Non Website Sales; any Quotation or Order from Mike Ayres Design shall not become binding until the actual receipt of the Customer's written Order via official Purchase Order, which is then in turn, confirmed by a Mike Ayres Design Order Confirmation
• Any Order must be consistent with these Terms and any other terms and conditions stated in Mike Ayres Design’s Quotation without qualification, and be submitted within 30 days, as indicated in the Quotation.

6. Lead Times

• In stock Products are normally shipped via courier within 3 working days (Monday - Friday, excluding Public Bank Holidays) of Order acceptance.
• Orders received on non working days and Public Bank Holidays will be deemed to have been accepted on the following working day.
• Made to Order items will have the Lead Time confirmation sent via email to the Customer within 48 hours of Order receipt.
• If an item cannot be shipped within 30 days, we will contact you for further instructions.
• We recommend that Made to Order items be ordered 3 months in advance of the desired delivery date.
• Shipment dates are approximate. Mike Ayres Design is not responsible for damages resulting from shipment delays or product deliveries.

7. Shipping, Handling & Freight Charges

• Mainland UK Domestic Customers: Orders are shipped via a Third Party courier or via Royal Mail, depending on size and location.
• From time to time large Bulk items or Made to Order items which require specialist transport will be shipped via a specialist courier, whose charges will not be covered in our standard shipping policy. Mike Ayres Design will inform the customer before shipping to agree pricing for this on a case-by-case basis.
• Mike Ayres Design reserve the right to change these charges, as it sees fit and without notice
• Mike Ayres Design may split deliveries. Each separate delivery shall be invoiced and paid for in accordance with our Terms.

Mike Ayres Design operate a 4 tier shipping policy in mainland UK and are based on the total value of the Order, excluding VAT, as follows:

• For Orders between £1 and £50; delivery charge: £8
• For Orders between £50.01 and £250; delivery charge: £18
• For Orders between £250 and £2000; delivery charge: £36
• For orders over £2000; delivery charge: £150

For Northern Ireland we have a different 4 tier shipping policy, also based on the total value of the Order, excluding VAT, as follows:

• For Orders between £1 and £100; delivery charge: £25
• For Orders between £100 and £300; delivery charge: £58
• For Orders between £300 and £600; delivery charge: £100
• For orders over £600; delivery charge: £150

8. International & Exports

• Shipping charges will be quoted based on the Customer's specific mode of transportation from the U.K and must be paid at the time the Order is accepted. 
• All Orders made through www.mikeayresdesign.co.uk, the agreed IncoTerms for the Order are "Delivered at Place" (DAP) unless otherwise stated. Mike Ayres Design will arrange the export customs declaration and the Customer arranges and takes full responsibility for the import customs declaration and local taxes, tariffs & duties.
• If the Customer refuses receipt of the Order, or is unwilling to meet the subsequent tariffs or taxes due on the Products, then the item will be returned to Mike Ayres Design. Any redelivery charges will be in addition to the original Order value.
• The costs of the transport for any returned Products caused by the Customers' failure to meet tariffs, duties or taxes will be deducted from any refund to the Customer.
• If the Products are refused by the Customers' failure to meet tariffs, duties or taxes and it is commercially unviable to return the item to Mike Ayres Design, then the item will be destroyed by the Courier and a refund will not be granted.
• For Orders placed via Phone, Email or is from one of our International Resellers, the agreed IncoTerms for the Order are "Ex Works" (EXW) unless otherwise stated.
• All Ex Works (EXW) Orders, will be packaged up in the most efficient manner and weights and dimensions provided, along with a commercial invoice. These will be shared with the Customer via Email.
• Mike Ayres Design reserve the right to Invoice and collect payment for any Ex Works (EXW) Orders which have not been collected within fourteen (14) days of notice of the Order being ready for collection.
• If products are to be exported, the Customer is solely responsible for obtaining export licenses, other necessary papers, consular and custom declarations and will accept and bear all responsibility for penalties resulting from errors or omissions thereon. If Mike Ayres Design is requested to obtain Export documents, a 30% premium will be charged on top of these charges as a management fee.

9. Design Proposals & Installation Projects

• All Design Proposals are developed in conjunction with the Customer using our years of experience in creating Sensory Therapy rooms. 
• However there are no express or implied representations for the Design Proposals' fitness for particular purposes, nor does any part of the Design Proposal constitute advice. 
• The Customer, on acceptance of the Design proposal, agrees to Clause 15. Limitation of Liability of these Terms.
• All Installation Projects require a minimum 50% deposit paid, along with an Official Purchase Order. Mike Ayres Design reserves the right to increase the deposit amount without notice.
• All Design Proposals are based on Mike Ayres Design having unobstructed access to the required area between 8.00am and 7.30pm, Monday to Friday to complete the works. If the customer is unable to do so, Mike Ayres Design reserves the right to charge for additional hours for the works
• Installation Deposits are refundable, minus legitimate expenses incurred by Mike Ayres Design (such as visits, design time, materials purchased) up to 8 weeks before the proposed Installation date.
• While every attempt will be made to find a suitable Installation Project date, Mike Ayres Design operates on a first come, first served basis and we cannot guarantee Installation dates (especially in regards to School Holidays).
• Any dates quoted by Mike Ayres Design in connection with the  Installation Project shall be treated as estimates only. Mike Ayres Design accepts no liability for failure to meet such dates and time shall not be of the essence for this purpose.
• If there are any outstanding items from the Installation Project such as repairs, remakes, items covered under warranty, training or Product delays. Then Mike Ayres Design will make a reasonable apportionment (normally the retail value of the Product) off our final invoice, until the matter has been resolved. As per Section 3, any such apportionment will not affect the remaining items on the raised invoice.
• On completion of the Installation Project, Mike Ayres Design will remove all our packaging and any rubbish we have created from the works done. It does not include removal of any existing equipment the Customer wishes to dispose of, or any other services not listed in the Design Proposal or Quote.
• As per Section 11; All Installation Project work is deemed to be "Made to Order", therefore unless faulty, we're unable to offer a refund.

10. Damaged & Incomplete Shipments

• All deliveries should be inspected immediately before signing carrier acceptance.
• Damage description (including damage to outer cartons) and other notations must be written on the delivery receipt or bill of lading and signed by the driver.
• Retain all packaging.
• Report any damage or shortage immediately by contacting us on 01359 251 551 or enquiries@mikeayresdesign.co.uk. Please have your Sales Order and Invoice number available.
• All damage and shortage claims must be reported within 3 days of delivery. 

11. Returns, Refunds & Cancellation Policy

• We want you to be happy with your Products, if you are not and you want to return them, please let us know within 14 days of receipt.
• Once you have informed us, please return the Products within 14 days of this.
• It is important that any unwanted Products are returned in re-saleable condition, unused and undamaged in the original packaging.
• We will refund the delivery charge on your order if damaged and/or received incomplete, provided you return the Products received in full.
• If you are only returning some of the items on your order, then we will only refund you the cost of those items.
• To return an item, contact us on 01359 251 551 or enquiries@mikeayresdesign.co.uk to obtain a Returns Number, this number should be marked clearly on the packaging of the item being returned.
• We will require you to return the Products to Mike Ayres Design in the event of a cancellation. If the Customer is cancelling using their statutory cancellation rights, then Mike Ayres Design will require the Customer to pay the cost of returning them.
• If you wish for Mike Ayres Design to arrange collection, there is a minimum administration charge of £10 on top of any collection costs, which is based on the size of the product. A quote will be provided before collection, please contact us on 01359 251 551 or enquiries@mikeayresdesign.co.uk.
• Unauthorised returns, which are returns beyond the 28 day period of purchase, do not have a Returns Number, or are not in resalable condition, the refund may be rejected or be subject to a 15% restocking fee.
• Once you have returned your Products, it can take up to 14 days to receive your refund, but normally is much quicker than this.
• Where a product has been Made to Order (including all Installation Project work), or you have specified a certain colour, unless faulty, we're unable to offer a refund.
• Eating, hygiene items, inflated items (therapy balls, waterbeds etc), chew items, CD’s, DVD’s and books are also non-returnable.
• Return shipping expenses are paid by Mike Ayres Design only if the customer received Products which are defective, were received incorrectly due to Mike Ayres Design error or were returned under warranty.
• Purchases originally made by credit card are refunded to the same card.
• Products originally purchased by cheque, money Order or purchase Order will be issued a credit on the Customer's account, or a refund cheque will be issued at Mike Ayres Design’s discretion.

12. Restocking Fees

• For orders made through our website a Restocking fee 15% (of Product Retail price) or £30 (whichever is lower)  will apply to any Products returned after 28 days of receipt.
• Restocking fees are waived for defective products and for Products returned within 28 days of receipt with a proper Return Product Authorisation Number, in the original packaging and in resalable condition.
• If the Products do not come back in their original packaging, but within 28 days of receipt, then the restocking fee will still apply.

13. Statement of Policy

• Mike Ayres Design provides equipment only for supervised non-recreational treatment activities.
• It is the user’s total responsibility to ensure that the equipment is properly and safely assembled and secured, used appropriately, and removed and stored when not in use.
• Our equipment should not be altered, modified or changed in any fashion.
• Instruction sheets are included with some equipment and are critical to the user’s understanding and safe use.
• Please visit our YouTube Channel for more Product Information https://www.youtube.com/user/mikeayresdesign
• Replacement instructions are available by calling 01359 251 551.

14. Two Year Limited Warranty

• Our Two Year Limited Warranty covers defects in materials or workmanship in Mike Ayres Design made Products for two years from the date of shipment, which is extended solely to the user of the product.
• This Two Year Limited Warranty only applies to our range of Standard Products, which are displayed on our Website www.mikeayresdesign.co.uk. It does not apply to any Made to Order, Custom Made, Tactile Murals or Audio Visual products.
• Any defects in materials or workmanship will be addressed by repairing or replacing the defective component or product at the sole discretion of Mike Ayres Design.
• Any alteration, abuse, misuse, tampering, improper repairs, negligence or use of the equipment in a manner inconsistent with the instructions is not covered under warranty.
• Outdoor use of equipment may also void all warranties.
• Warranties may be deemed void at the sole discretion of Mike Ayres Design in such instances.
• 3rd party products, resold by Mike Ayres Design are normally covered by a 1 year manufacturers warranty, extended solely to the user of the product.
• Certain items, such as consumable items, will not come with a warranty, but will still be covered by our Returns, Refunds & Cancellation policy. 
• Warranty does not cover conditions, damages or failures due to normal wear and tear.

15. Limitation of Liability

• Our products are for supervised non-recreational treatment activities. Although we use the finest materials, we cannot guarantee freedom from injury.
• The user assumes all risk of injury and responsibility for applicability to any client.
• All Products are sold under this condition, which no representative of the company can waive.
• The performance of necessary repairs or replacement of defective components or products is the sole and exclusive remedy under this warranty. Mike Ayres Design shall not be liable for indirect, incidental or consequential damages resulting from breach of the express written warranty set forth herein.
• There are no other express or implied representations for fitness for particular purposes.
• Mike Ayres Design shall not be liable for indirect, incidental or consequential damages, for injuries to persons or property, or for any other loss or damage except as expressly set forth herein.

16. Design & Copyrights

• All Mike Ayres Design’s products are covered by Design Rights and Copyright held by Mike Ayres Design.
• Mike Ayres, Mike Ayres Design, the Mike Ayres Design logo, Sensory Studio, Sensoryscape, Sensearound, Switch2, Switch4 and Loopies are all registered trademarks of Mike Ayres Design. 

17. Contingencies

• Mike Ayres Design shall not be liable for any default or delay in performance if caused, directly or indirectly, by an act of God; war; force of arms; fire; general viral outbreak; global pandemic; the elements; riot; labour dispute; picketing or other labour controversy; sabotage; civil commotion; accident; any governmental action, prohibition or regulation; delay in transportation facilities; shortage or breakdown of or inability to obtain or non-arrival of any labour, material or equipment used in the manufacture of any product; failure of any party to perform any contract with Mike Ayres Design relative to the production of any product; or from any cause whatsoever beyond Mike Ayres Design’s reasonable control, whether or not such cause be similar or dissimilar to those enumerated.

18. Entire Agreement

• This document contains the entire agreement between Mike Ayres Design and Customer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral communications, agreements, forms or negotiations with respect to the subject matter hereof being merged herein. By way of illustration and not limitation, Customer’s Order shall be deemed to incorporate, without exception, all terms and conditions thereof notwithstanding any Order form of Customer containing additional or contrary terms or conditions, unless Customer shall have expressly advised Mike Ayres Design to the contrary in a writing apart from such Order form, and no acknowledgement by Mike Ayres Design of an Order by Customer shall be deemed to be an acceptance by Mike Ayres Design of any such additional or contrary terms or conditions thereof which are in addition or contrary to the terms and conditions hereof. No additional or contrary terms or conditions or modifications may be made to these terms and conditions except by a written instrument signed by one of Mike Ayres Design’s officers. Stenographic and clerical errors are subject to correction by Mike Ayres Design.

19. Governing Law

• These Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and both the Customer and Mike Ayres Design hereby agree to the exclusive jurisdiction of the English Courts in the event of any dispute in relation thereto.

Updated March 15th 2023