1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide products 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 Floodsafe Projects Limited a company registered in England and Wales. Our company registration number is 08418342 and our registered office is at Unit 1 Barons Court, Graceways, Blackpool FY4 5GP. Our registered VAT number is 167089183.
2.2 How to contact us. You can contact us by telephoning 01995 238008 or by writing to us at firstname.lastname@example.org or Unit 10, Manor Park, Green Lane West, Garstang, Preston, Lancashire PR3 1NJ.
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 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it at which point a contract will come into existence between you and us.
3.2 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 of unexpected limits on our resources which we could not reasonably plan for, 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 or because we are unable to meet a delivery deadline you have specified.
3.3 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not usually accept orders from addresses outside the UK.
4. OUR PRODUCTS
Products may vary slightly from their pictures. The images in any manufacturers brochure that we may provide on our website are for illustrative purposes only. Although we have made every effort to display the designs accurately, we cannot guarantee that a device’s display of the colours or the printed pictures reflects how this may appear at your specific property. Your product may vary slightly from those images.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the 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 of supply 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.
6. OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
(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.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. Any costs of delivery will be as told to you during the order process.
7.2 When we will provide the products. During the order process we will endeavour to provide an estimated delivery/installation date.
7.3 We are not responsible for delays outside our control. If our supply 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 there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at a mutually agreed day/time.
7.5 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. 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 9.2 will apply.
7.6 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us, or you collect from us.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
7.8 What will happen if you do not give required information to us or deal with utilities.
(a) It is your responsibility to inform us prior to entering into the contract with us, whether or not the property is a listed building, within a conservation area or any or if there is any other statutory restriction. You are to obtain all necessary approvals relating to the installation of the products. You confirm to us that you have carried out all of the necessary searches as regards to the status of the property and have obtained all necessary agreements from any statutory bodies that may be required for the provision of the products hereunder. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not complying with this requirement.
(b) You are responsible for the re-siting of any gas, electrical, wiring, plumbing, cable, telephone installation, conduit, security feature, media or other services. In the event that this is required to be done you are responsible for arranging for such work to be carried out prior to the commencement of work required hereunder. In the event that such work is not carried out in advance of our commencement of the services, then you shall be liable for all additional time related charges incurred by us. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not carrying out such work.
7.9 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) make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances, we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, “If there is a problem with the products”).
8.2 What happens if you have a good reason for ending the contract. If you are ending a 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 significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a 30 day period or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, 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.
9. OUR RIGHTS TO END THE CONTRACT
9.1 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 14 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, for example, to carry out a survey or undertake the action as set out in Clause 7.10;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01995 238008 or write to us at email@example.com or Unit 10, Manor Park, Green Lane West, Garstang, Preston, Lancashire PR3 1NJ.
10.2 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.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
10.4 Transferring our guarantee. You may transfer our guarantee at clause 10.5 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by showing that they are the new homeowner/business owner.
10.5 Warranties and Liabilities
(a) All glass shall be of good quality, but we shall be under no liability whatsoever in respect of minor blemishes and imperfections not guaranteed by the glass manufacturer, nor will it replace any glass cracked or broken after the installation.
(b) We cannot guarantee that condensation, if any can be eliminated or reduced by installation of its products, nor accept liability for condensation which is a natural phenomenon caused by degrees of humidity, temperature and ventilation.
(c) The UPVC is guaranteed 5 years from installation date, the glass units for 1 year, handles and mechanical components for 1 year, seals and gaskets for 1 year. This installation guarantee, including all parts and labour can be extended (subject to acceptance of the Annual Maintenance Agreement). This will cover the labour and materials for a further 1 year and the labour for an indefinite period with replacement parts chargeable.
(d) Under this guarantee, liability will not be accepted if any attempt is made to carry out any repair or adjustment by any other person other than ourselves or our accredited service agents.
(e) We are a FENSA registered company and we can register the glass installation with FENSA at your request. There is a fee for this registration which you will be liable to pay.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product will be the price set out in our quotation at the date of your order unless we have agreed another price in writing. The itemised quotation lists the prices excluding VAT, VAT is shown separately at the bottom of the quotation and is payable by you. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 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 in full before the change in the rate of VAT takes effect.
11.3 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. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on our quotation, we will contact you for your instructions before we accept your order. 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 end the contract and refund you any sums you have paid.
11.4 When you must pay and how you must pay. We accept payment by cheque, cash or BACS. When you must pay depends on what product you are buying and as set out below:
(a) Any order placed with us where a bespoke product is included will require a deposit of 50% of the overall quotation value for the order to proceed. We will invoice you for the balance when we have completed the order unless we have agreed otherwise.
(b) You must pay the deposit invoice before we proceed to manufacture and each invoice thereafter within 30 calendar days after the date of the invoice.
11.5 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 4% a year above the base lending rate of National Westminster Bank Plc 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.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
(a) 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.
(b) By retro fitting flood defence products, we can merely mitigate the impact of flooding. There are no guarantees that the property will be flood proof. We accept no liability in respect of the following:
(i) damage caused or relating to flood damage arising from water entering the property via the over-topping design feature;
(ii) damage due to floodwaters rising above the height of goods installed at the property;
(iii) damage due to accident, neglect, mis-use, faults or premature deterioration of the goods which result from your failure to comply with our maintenance instructions;
(iv) damage resulting from subsidence due to soil shrinkage, underground or mine workings;
(v) damage and/or deterioration to the goods arising out of normal wear and tear;
(vi) damage due to ground water, damp water ingress via any cracks in masonry or brick work and water ingress via any holes, opening, vents, outlets or other conduits or media; or
(vii) minor defects to plaster work and brick work due to settlement.
12.2 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 as summarised at clause 10.2; and for defective products under the Consumer Protection Act 1987
12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so for example to plaster, floors, rendering or brickwork immediately surrounding any window or door where the services as supplied. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services nor for damage to surrounding paintwork or other decoration which is commensurate with the fitting of the goods.
12.4 We are not liable for business losses. 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
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you; and
(b) to process your payment for the products.
13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 2 weeks of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of our guarantee in clause 10.4.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee 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 10.4 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 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.
14.5 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.
14.6 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.
Updated: July 2018