colinssashwindows.co.uk is a registered business at 13 Hyde Road, Caddington, LU1 4HD. Within these terms and conditions Colin Greenslade trading as Colin’s Sash Windows will be referred to as the company.
1.0 These Terms
1.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to You.
1.2 Please ensure that You read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before You place the Order. These terms tell You who We are, how We will provide goods to You, what to do if there is a problem and other important information. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
2.0 Our Contract With You
2.1 When You submit the Order to Us, this does not mean We have accepted Your Order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.2. If We are unable to supply You with the Goods and/or Services, We will inform You of this and We will not process the Order.
2.2 These Terms will become binding on You and Us when We issue You with a written acceptance of an Order, which will be in the form of an order acknowledgment email, at which point a contract will come into existence between You and Us.
2.3 We shall assign a quotation number to each quotation that We issue to You. When we confirm Your Order, we shall assign an order number to which that Order relates. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.4 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Unfortunately, while We may agree to accept orders from addresses outside the UK mainland. We do not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland) and do not have servicing engineers operating in these areas. Our Guarantee does not apply to orders accepted from or Goods installed at addresses outside the UK mainland.
2.5 The images of the Goods on Our website and in Our catalogue or brochure or any other literature are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible, because Our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated in Our catalogue or brochure are subject to normal manufacturing tolerances.
3.0 Changes To Order
Because Our Goods are made-to-measure and produced to Your specific requirements, You will not be able to change or cancel an Order once We have accepted it in accordance with Clause 2.2.
4.0 Delivery Of Goods
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and Your address. We do not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland).
4.2 After We have accepted Your Order, We will inform You with an order acknowledgement email which will confirm the estimated delivery date, If payment of a deposit is required, We will contact You with an estimated delivery date after We have received payment of the deposit from You in cleared funds.
4.3 Occasionally, Our delivery to You may be affected by an Event Outside Our Control. See clause 9.0. for our responsibilities when this happens.
4.3 Where there is a delay in delivery caused by circumstances other than an Event Outside Our Control, We will contact You as soon as possible to arrange a new delivery date with You.
4.4 Delivery of an Order shall be completed when We deliver the Goods to the address You gave Us and the Goods will be Your responsibility from that time. We are not responsible for taking the Goods inside Your property.
4.5 You own the Goods once We have received payment from You in full.
4.6 The company is not responsible for any delay to the delivery and any relating financial or consequential loss.
5.0 Guarantee Of Goods
5.1. We guarantee the Goods in accordance with the terms of the Guarantee Document and this clause 5 (“Guarantee”).
5.2. We guarantee to You that the various components of the Goods as specified in the Guarantee Document will not suffer the corresponding types of damage listed under the heading “Coverage & Limitations” in the Guarantee Document, subject to the limitations specified under the same heading.
5.3. This Guarantee shall last from:
5.3.1 if We are delivering the Goods to You, the date that the Goods are delivered to You;
5.3.2 if You are collecting the Goods from Us, the date that You collect the Goods until the end of the period specified under the heading “Guarantee Period” in the Guarantee Document.
5.4. This Guarantee does not apply to any defect in the Goods arising from:
a) fair wear and tear;
b) accidental damage (including glass breakages), wilful damage, abnormal storage or working conditions, or negligence by You or by any third party;
c) misuse, neglect, lack of maintenance or from causes beyond Our control (such as fire, flooding, criminal damage etc);
d) internal condensation caused by excess moisture in the domestic environment or external condensation which can occur in certain climatic;
e) penetration of insects, misting or mould growth;
f) incorrect installation;
g) Your failure to operate or use the Goods in accordance with the user instructions or any guidelines supplied by Us;
h) any alteration or repair by You or by a third party who is not one of Our authorised repairers;
i) minor imperfections in and on glass arising from manufacturing outside the scope of visual quality standards; and
j) any exclusions specified in the Guarantee Document.
5.5. You must notify Us of any defects in the Goods or Services within 28 days of discovery of the defect, in writing, and quoting Your order number.
5.6. You are not entitled to claim under the Guarantee if any one or more of the following apply:
(a) You do not carry out the maintenance specified in the Guarantee Document;
(b) Your use of the Goods and/or the installation of the Goods takes place in a location where weather and/or the environmental conditions are outside of the UK mainland parameters that the Goods have been tested to;
(c) You have not paid for the Goods and/or associated Services (e.g. installation) in full;
(d) You do not provide the job number when You submit Your claim under the Guarantee;
(e) the Goods have been installed outside of the UK mainland (as described in clause 4.1).
5.7. This Guarantee is in addition to Your legal rights in relation to the Goods that are faulty or not as described, as further described in clause 6.3.
6.0 If There Is A Problem With The Services Or Goods
6.1. In the unlikely event that there is any defect with the Services or Goods which falls within the Guarantee:
a) please contact Us via email
b) please give Us a reasonable opportunity to repair or fix any defect; and
c) We will make every effort to repair or fix the defect as soon as reasonably practicable.
6.2. You will not have to pay for Us to repair or fix a defect with the Services or Goods which falls within the Guarantee. However, if We are called out to Your property and there is no defect with the Services or Goods which falls within the Guarantee, We reserve the right to charge a reasonable call out fee. We will provide information about those charges before We attend Your property.
6.3. As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care, or if the Goods We supply are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. If We breach this duty, you will not have to pay Us to repair or fix the relevant defect. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect Your legal rights.
7.0 Price And Payment
7.1. The price of the Goods and/or the Services will be set out in an email. Our prices may change at any time, but price changes will not affect Orders that have already been accepted by Us in accordance with clause 4.2.
7.2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that You pay, unless You have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
7.3. The prices for the delivery costs are usually shown separately on the Order but are included in the total overall price specified in the Order, which will be added to the total amount due.
7.4. It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our Order processing procedure so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to You. If the Goods’ correct price is higher than the price stated on Our literature or website, We will contact You to tell You and wait for Your instructions. If the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mispricing, We do not have to provide the Goods to You at the incorrect (lower) price.
7.5. Where We are providing Goods to You, You must make payment for Goods in advance by debit card or by way of direct bank transfer or by any other payment method agreed between You and Us.
8.0 Our Liability To You
8.1. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Contract.
8.2. We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose, and We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.0 Events Outside Of Our Control
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2. An “Event Outside Our Control” means any act or event beyond Our reasonable control, including without limitation any delay or failure by any of Our suppliers, 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) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic and its effects including quarantine, business closure, personnel sickness or requirement to isolate, other natural disaster, or failure of public or private telecommunications networks.
9.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms 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 Goods to You, We will arrange a new delivery date with You after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to You, We will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
10.0 Your Rights To Cancel
**PLEASE ENSURE YOU HAVE READ CLAUSE 10.1 CAREFULLY**
10.1. As explained above, as Our Goods are made specifically to Your requirements, You will not be able to amend or cancel Your Order once it has been accepted by Us in accordance with clause 2.2 (but this will not affect Your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).
11.0 Our Rights To Cancel And Applicable Refund
11.1. We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens:
(a) We will promptly contact You to let You know;
(b) if You have made any payment in advance for Services that have not been provided to You, or Goods that have not been delivered to You, We will refund these amounts to You;
(c) where We have already started work on Your Order for Services or made-to-measure Goods, We will not charge You anything and You will not have to make any payment to Us.
11.2. Once We have begun to provide the Services to You, We may cancel the contract for the Services at any time by providing You with at least 30 calendar days’ notice in writing. If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.
11.3. We may cancel the contract for Goods and/or Services at any time with immediate effect by giving You written notice if:
(a) You do not pay Us when You are supposed to; or
(b) You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Goods, for example, Your address or measurements for the Goods; or
(c) You do not, within a reasonable time, allow Us to deliver the Goods to You; or
(d) You do not, within a reasonable time, allow Us access to Your premises to supply the Services; or
(e) You breach these Terms in any other material way and You do not correct or fix the situation
12.0 Other Important Terms
12.1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
12.2. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
12.3. This contract is between You and Us. No other person shall have any rights to enforce any of its terms. However, if You sell Your property, the person who buys it from You shall automatically have the rights that You do under the Guarantee, in accordance with clause 5.7 provided that a Job Number in relation to the Guarantee is given to Us.
12.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
12.6. These Terms are governed by English law. You and We both agree to submit to the non- exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
13.0 Agreement To Terms
Please read these terms and conditions carefully before signing. By signing you acknowledge that you have read and accept Our terms and conditions.
I’ve read and accept the Terms and Conditions.