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OUR TERMS AND CONDITIONS

Clauses

  1. These terms
  2. Information about us and how to contact us
  3. Our contract with you
  4. Our products
  5. Site survey
  6. Things you must do
  7. Your rights to make changes to the products
  8. Our rights to make changes to the products
  9. Providing the products
  10. Your rights to end the contract
  11. How to end the contract with us
  12. Our rights to end the contract
  13. If there is a problem with the product
  14. Price and payment
  15. Our responsibility for loss or damage suffered by you
  16. How we may use your personal information
  17. Other important terms

1. THESE TERMS

1.1 What these terms cover: These are the terms and conditions on which we supply products (including site survey and installation services) to you.

1.2 Why you should read them: Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products (including site survey and installation services) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are: We are ODC Door & Glass Systems Limited, a company registered in England and Wales. Our company registration number is 06732865 and our registered office is at 97 Bollo Lane, London W3 8BN. Our registered VAT number is 942 6397 96.

2.2 How to contact us: You can contact us by telephoning our customer service team at 0330-586-793 or by writing to us at [email protected] or 97 Bollo Lane, London, W3 8BN.

2.3 How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails: When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 Our quotation: Any quotation we give to you shall not constitute an offer. Any quotation we give to you is only valid for 7 days from its date of issue to you.
3.2 How we will accept your order: Our acceptance of your order (the “finalised order”) will take place when we write to you to accept it – which will take place after whichever of the following applies:
(a) If we issue documents to you electronically for you to insert your digital signature, when you sign and submit these documents electronically; or
(b) If we post documents to you, when we receive those documents back from you with your signature added; or
(c) If we email documents to you, when we receive those documents back from you with your signature added; or
(d) If we provide documents to you for signature at our premises, when we receive those documents back from you with your signature added.
Once we write to you to accept your order (the “finalised order”), a contract will come into existence between you and us. Any contract we enter into with you is conditional upon us completing a survey of your property (see clause 5 for further information) unless we are making the product to your dimensions in accordance with clause 5.4.

3.3 If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because of unexpected limits on our resources, due to increased costs of materials or labour or because we are unable to meet a delivery deadline you have specified.

3.4 Your order number: We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5 We only sell to the UK: Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures: The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products.
Your product may vary slightly from those images, particularly where
(a) the product is bespoke; or
(b) the product is manufactured as a special order to your specification; or
(c) the product includes a natural product such as timber, where there will be variations in colour, grain or shade including within the same batch; or
(d) the product is powder coated.

4.2 Product packaging may vary: The packaging of the product may vary from that shown in images to suit our requirements.

4.3 Making sure your measurements are accurate: If we are making the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. Please contact us for information and tips on how to supply accurate measurements.

4.4 Glass products: All our glass products will comply with the standards as set out by the Glass and Glazing Federation (GGF) http://www.ggf.org.uk and in our Acceptable Glass Quality Standards policy https://www.odcglass.co.uk/glass-quality. Our obligation to you in relation to the glass is to ensure that the quality of glass is within the GGF guidelines. If the glass supplied is within these GGF guidelines, then we will not replace any glass on a free of charge basis. If the quality of glass supplied is outside the GGF guidelines, then we will replace the glass free of charge.

4.5 Special order items: We may have to order in specific materials to make your products, for example if the item is ordered outside our standard range or to your colour specification. If this is the case we will let you know. As we cannot return special order items no refund will be given in the event of a cancelled order.

4.6 Non load-bearing: The products we supply and / or install must not be used in a load bearing situation. We are not responsible for any problems that occur where our products are used in a load bearing situation.

4.7 Structural responsibility: We are not liable for any damage to your property which is caused as a direct result of structural defects or weaknesses at the installation address whether they are visible or not. If you are unsure of the structural integrity of your building, you should engage an appropriately qualified structural surveyor prior to our attendance at the installation address.

5. SITE SURVEY

5.1 If you are to carry out a survey of your property: If you (or a third party engaged by you) are carrying out your own survey of the property, you are responsible for telling us about all matters which arise as part of the survey which may affect our ability to provide and (where applicable) fit the products. You must tell us about all matters affecting the property
including but not limited to hidden drains, lintels, cellars, underpinning, piling and soakaways. If there are errors or mistakes in the survey supplied by you or a third party you engage any resultant additional costs will be payable by you to us.

5.2 If we are to carry out a survey of your property: If we are to carry out a survey of the property we will be responsible for taking the measurements for the product and assessing the property. You must ensure that you provide an authorised person to be present during the survey. You must tell us about all matters affecting your property that you are aware of. We will notify you of the outcome of our survey and any issues arising out of it. We will take pictures of the site, mark any agreed levels or datums. These will be incorporated into a survey report and it is your responsibility to ensure all agreed levels and positions are adhered to. If an additional survey is required because
(a) you change your mind; or
(b) openings are either not created or are inaccessible; or
(c) any other reason which is not our fault,
we will charge you for the additional survey. If we are not able to carry out a survey on an agreed date, you will be charged for any subsequent survey revisit. Such additional surveys will be charged at £350 plus VAT plus the cost of any additional incurred costs such as specialist equipment hire.

5.3 Additional work required arising out of the survey carried out by you or us: If the survey reveals matters which will involve a change to the products or installation services, or an increase to the price, and such matters were not reasonably evident to us at the time we entered into the contract with you we may alter the programme for the works and the design for the products (including delivery and installation) and the price to be paid by you accordingly. If you are not satisfied with the altered design and/or price, you may cancel the contract in accordance with clause 10.3.

5.4 Agreed sizes: We will manufacture the products to the agreed sizes. Where we have undertaken a survey and also physically measured the openings on site and those openings have not changed since our measure, we take responsibility for the products fitting to the openings measured. If we have not physically measured the openings on site or the opening sizes have changed since our measure but we have provided the products to the agreed sizes, for example where we are working to dimensions that you have provided, we take no responsibility where the products will not fit your openings.
In this instance, we will advise you whether we will have to remanufacture the products or the products provided can be altered. We will then provide you with a quotation for the remanufacturing or alteration costs. If you accept this quotation we will invoice you. Once you have paid the invoice in full we will either remanufacture or alter the product as agreed.

6. THINGS YOU MUST DO

6.1 Check the order details: You must ensure that the terms of the order are complete and accurate and let us know as soon as possible if there are any errors.

6.2 Prepare your property: If we are to install the products for you, you must prepare the property so that the property is suitable for us to install the products. You must obtain and maintain all necessary licences, permissions, and consents (including planning permission, building regulation or other statutory, legal or other permission or consent required) which
may be required for us to install the products before the date we begin installation. You must also ensure that the property complies with all health and safety regulations including but not limited to the provision of clean drinking water and suitable toilet facilities and hand washing facilities and an area for our operatives to have lunch.

6.3 Allow us access to the property: If we are installing the products, you must allow us to access the property as we have arranged with you. You must co-operate with us in all matters relating to the installation and you must tell us about all matters affecting the property that you are aware of. We must be able to park our vehicles near the site. If we are not able
to do so you must inform us at the time of order as there may be additional costs. Where parking permits are required, you must provide them.

6.4 Information you must give us: We may need certain information from you so that we can supply the products to you, for example, if the property is or forms part of a listed building or is in a conservation area or otherwise subject to any form of restriction or right which may have an impact on our ability to supply or install the product. We will contact you to ask for this information. You must give us all information and materials as that we may reasonably require in order to supply the Works, and you must ensure that such information is complete and accurate.

6.5 Notify your insurers: You must notify your insurers of the delivery and installation of the products and ensure that the products delivered are adequately covered by your insurance from the time of delivery of the products.

6.6 Plans and drawings: We will take reasonable care to ensure that working plans, diagrams and drawings provided to you are adequate to facilitate the installation in a proper and workmanlike manner. Where any planning, erection or installation works are not undertaken by us, and in relation to any part of the structure not erected by us, you must ensure that all working plans, diagrams and drawings meet with your requirements in every respect. You must make sure that any planning, erection or installation works are carried out in a proper and workmanlike manner and in accordance with all applicable laws and regulations.

6.7 Authorised person present: You must ensure that there is an authorised person present at the address where the products are delivered and / or installed to sign our handover / completion form.

6.8 Safe and secure area: If our installation takes longer than one working day, it is your responsibility to provide us with a safe and secure area for our equipment to be stowed overnight. If you are unable to provide an appropriate area and as a result we need to remove our equipment each evening, there will be an additional charge.

7. YOUR RIGHTS TO MAKE CHANGES TO THE PRODUCTS

7.1 If you wish to make a change to any product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

8. OUR RIGHTS TO MAKE CHANGES TO THE PRODUCTS

8.1 We may change any product ordered:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
(c) To change / substitute any parts due to availability and / or discontinuation of any component.

9. PROVIDING THE PRODUCTS

9.1 Delivery and installation costs: The costs of delivery and installation will be as set out in the order.

9.2 Where we will provide the products to: We will deliver the products to the address stated in the order, or such other location as we may agree in writing with you. Unless agreed otherwise, for supply only orders, we will only deliver to the area immediately adjacent to the kerbside and we do not take products inside any property or to any rear gardens.

9.3 We are not responsible for delays outside our control: If our delivery or installation of any of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if we advise that there is a delay of more than 8 weeks you may contact us to end the contract and receive a refund for any products you have paid for but not received.

9.4 Collection by you: If you have asked to collect the products from our premises, you can collect the products from us during our working hours of 9am and 5pm on weekdays (excluding bank holidays) within five working days of us notifying you that the products are ready.

9.5 If you are not at home when the product is delivered: If no one is available at your address to take delivery, we will contact you by leaving you a note at the delivery address informing you of how to rearrange delivery. We will charge you for any further delivery.

9.6 If you do not re-arrange delivery: If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12 will apply.

9.7 If you do not allow us access to install or if the property is unsuitable to install: If you have asked us to install the products for you and you do not allow us access to your property as arranged or if the property is unsuitable for us to install the product as agreed, we may charge you additional costs incurred by us as a result. For the avoidance of doubt, if a new installation date is required, the additional costs could be as much as the entire installation cost. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12 will apply. We require a minimum of seven days’ notice should you wish to amend your installation date. If you change the installation date and do not give us seven days’ notice of the change in date, then you will be charged for the failed installation date.

9.8 Lifting equipment: Our installation may include the use of hired lifting equipment. We will agree dates with you for installation and for hiring the necessary equipment. If we are unable to use lifting equipment due to poor weather and we incur additional hire costs, then we will charge you for these additional hire costs which will be payable within seven days from the issue of our invoice.

9.9 If you do not give required information to us: If you give us incomplete or incorrect information, we may either end the contract (and clause 12 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

9.10 We may deliver in instalments: We may deliver the products by instalments. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

9.11 When you become responsible for the products:
(a) Where we are installing the products, the products will be your responsibility once we install the product at the address in the order or as subsequently agreed and we complete our sign off sheets.
(b) Where we are not installing the products, the products will be your responsibility from the time we deliver the product to the address in the order or to the address subsequently agreed; or you or a carrier organised by you collect
the product from us. This is the ‘Responsibility Date’. You are expected to check the products within three calendar days of the Responsibility Date. Any defects reported after this three calendar day period are not our responsibility and are your sole responsibility.

9.12 When you own the products: You own the products once we have received payment in full and cleared funds.

9.13 What will happen if you do not give required information to us: We may need certain information from you so that we can supply the products to you and install them for you, for example, regarding access to the property. If so, this will have been stated in the description of the products in our brochure, on our website or within the quotation or order.
We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 12) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the products late or not supplying or installing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

9.14 Reasons we may suspend the supply of products to you: We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) take account of extended lead times, particularly those relating to product, colour or supplier or any seasonal fluctuations in availability
(d) make changes to the product as requested by you or notified by us to you (see clause 8).

9.15 Your rights if we suspend the supply of products: We will contact you in advance to tell you we will be suspending supply of any products, unless the problem is urgent or an emergency. If we suspend any products for longer than eight weeks, you may contact us to confirm that you do not wish to proceed with the purchase of the suspended product and we will refund any sums you have paid in advance for the suspended product.

9.16 We may also suspend supply of the products if you do not pay: If you do not pay us for the products when you are supposed to (see clause 14.5) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply and installation of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply and installation of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.56).

9.17 Delivery dates: The delivery dates contained in the order are estimated dates. We are not responsible for any failure to meet these estimated dates. We will however endeavour to notify you at the earliest opportunity if there will be any delay in the estimated dates.

10. YOUR RIGHTS TO END THE CONTRACT

10.1 You can always end the contract for supply of a product before it has been delivered, installed and
paid for: You may contact us to end your contract for a product at any time before we have delivered and installed it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 13).

10.2 What happens if you have good reason for ending the contract: If you are ending the contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be delayed for more than eight weeks because of events outside our control;
(c) we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than eight weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.

10.3 What happens if you end the contract without a good reason including where there are changes to design or price after the survey: If you are not ending the contract for one of the reasons set out in clause 10.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. This may mean that there is no money left to refund to you.

10.4 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013): Your right as a consumer to change your mind and cancel the contract does not apply in respect of our products because they are bespoke products.

10.5 Collecting products after ending the contract: If you end the contract for any reason after products have been dispatched to you and these products are delivered to you, you must allow us to collect them from you within a reasonable time. You are responsible for any storage costs during this period. Please contact us to arrange collection.

11. HOW TO END THE CONTRACT WITH US

11.1 Tell us you want to end the contract: To end the contract with us, please let us know by calling our Customer Services on 0330-586-793 or writing to us at [email protected] or 97 Bollo Lane, London, W3 8BN. Please provide your name, home address, details of the order and, where available, your phone number and email address.

11.2 When we will pay the costs of return:
We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if there is a delay of more than eight weeks in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.

11.3 What we charge for collection: If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We will notify you of the cost prior to collection.

11.4 How we will refund you: If you are entitled to a refund under these terms we will refund you the price you paid for the products including any applicable delivery costs, by the method you used for payment. However, we may make deductions from the price, as described within these terms.

11.5 When your refund will be made: We will make any refunds due to you as soon as possible.

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract if you break it: We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 10 days of us reminding you that payment is due.
(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 products.
(c) you do not, within a reasonable time, allow us to deliver the products to you or you do not collect the products from us; or
(d) you do not, within a reasonable time, prepare your property or allow us access to your property to supply the installation services.

12.2 You must compensate us if you break the contract: If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. This may mean that there is no money left to refund to you.

13. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 0330-586-793 or write to us at [email protected] or at 97 Bollo Lane, London, W3 8BN. Alternatively, please speak to one of our staff at one of our showrooms.

13.2 Summary of your legal rights: We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

13.3 Your obligation to return rejected products: If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection.

13.4 Glass products: All our glass products will comply with the standards as set out by the Glass and Glazing Federation (GGF) http://www.ggf.org.uk and in our Acceptable Glass Quality Standards policy (available by calling our office or on our website at https://www.odcglass.co.uk/knowledge-hub/acceptable-glass-quality-standards/.) Our obligation to you in relation to the glass is to ensure that the quality of glass is within the GGF guidelines. If the glass supplied is within these GGF guidelines then we will not replace any glass on a free of charge basis. If the quality of glass supplied is outside the GGF guidelines then we will replace the glass free of charge.

13.5 Nickel Sulphide inclusions: When toughened glass is manufactured, tiny particles not visible to the eye may form part of the glass panel. The glass industry is unable to prevent these tiny particles from being included in the glass. These are known as nickel sulphide inclusions and are a recognised phenomenon within the glass industry. These particles of inclusions can lead to spontaneous breaking of glass. We take no responsibility for any breaking of glass caused by nickel sulphide inclusions nor will we pay for the replacement of any glass or any associated costs. The replacement and installation of glass under these circumstances will be charged prior to replacement at our standard replacement rates. It is your responsibility to ensure adequate insurance cover is obtained. Please contact our technical team for any questions about this clause.

13.6 Water leaks – during or after installation: Where a product has failed and water has ingressed into your property, we will attend and either repair or replace any products supplied by us. The choice of repair or replacement will be made by us. Should any water ingress cause any other damage, we will not pay any compensation, nor will we make any repairs and any such claim arising from water ingress is a matter for you to deal with your insurers.

13.7 Goodwill warranty: We may from time to time offer a goodwill warranty that is more generous than your legal rights under consumer legislation. Your legal rights are not affected by any warranty we may provide to you. Any goodwill warranty that we provide will not cover misuse of the product and will only apply once you have paid in full for the product. You should refer to the warranty documentation for more information on the warranty we provide.

13.8 Transferring our warranty: You may transfer our warranty at clause 13.7 to a person who has acquired the product from you. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the property, for example by providing evidence of ownership of the property, for example rental, or mortgage documents or correspondence with a solicitor confirming ownership. This warranty is invalidated if any products are removed or transferred to another property.

13.9 Misuse: We are not responsible for any issues that result from misuse of any products that we supply

14. PRICE AND PAYMENT

14.1 Where to find the price for the product: The price of the product (which includes VAT) will be the price set out in the order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2 We will pass on changes in the rate of VAT: If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery and installation costs) in full before the change in the rate of VAT takes effect. We charge the standard rate of VAT on all orders. If you provide documentary evidence that a different rate of VAT applies, and we accept that documentation, we will then charge the rate of VAT detailed on your documentary evidence. If it is subsequently found that the rate of VAT, we have charged is wrong then you will be responsible for all costs which arise.This includes our costs and any costs charged by HMRC.

14.3 What happens if we got the price wrong: It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.

14.4 How you must pay: We only accept payment in the following ways
(a) Bank transfer – our bank details are contained within our quotation
(b) Credit or debit card including Mastercard, Visa and American Express

14.5 When you must pay: You must pay for the products (including any delivery and installation costs) as follows:
(a) you must make an advance payment of 60% of the total price on placement of your order.
(b) you must make payment of the remaining 40% of the total price of the service no later than ten days prior to installation if we are installing products or ten days prior to delivery if we are only supplying products.
The above payment terms will apply unless we have agreed otherwise in writing. If you do not make payment to us when it is due, we may cancel the contract and you must compensate us as set out in clause 12.2. Payment is only made in accordance with this clause once we receive full and cleared funds.

14.6 We can charge interest if you pay late: If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% per year above the Bank Rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. The Bank of England interest rate is available here

14.7 Goodwill warranty: Our goodwill warranty is only valid to those customers who make payment as set out in these terms. If you fail to make payment as set out in these terms, you will not have the benefit of our goodwill warranty.

14.8 Outstanding payments: Where installation has been completed, but payment remains outstanding, we reserve the right to retain all keys unless payment including any interest is received in full.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

15.1 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process and it is recorded in the order.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplier with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

15.3 When we are liable for damage to your property: If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so, which is caused by our failure to provide services properly or carry out the installation properly. However, we are not responsible for the cost of
(a) repairing any pre-existing faults or damage to your property that we discover while providing the services or carrying out the installation; or
(b) repairing any damage which is incidental to or would reasonably be expected to occur as a result of removing existing products or installing new products or providing other services. Typical damage that we are not responsible for includes, but is not limited to
(i) Damage to brickwork
(ii) Damage to any internal finishes

15.4 We are not liable for business losses: We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to us:
(a) to supply the products and provide the installation services to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
We will only give your personal information to other third parties where the law either requires or allows us to do so.

17. OTHER IMPORTANT TERMS

17.1 We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation.

17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our warranty): You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if sufficient proof of address and ownership is not provided. However, you do not need our agreement to transfer the benefit of our warranty in clause 13.7.

17.3 Nobody else has any rights under this contract (except someone you pass your warranty on to): This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.8 in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.

17.4 If a court finds part of this contract illegal, the rest will continue in force: 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.

17.5 Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings: These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17.7 Alternative dispute resolution: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. We will provide details of our alternative dispute resolution provider on request. If you are not satisfied with the outcome, you can still bring legal proceedings.

(Version 2: May 2022)

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03300 586 792

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