Terms and conditions of sale
1 Definitions
1.1 When the following words with capital letters are used in these Terms, this is
what they will mean:
Event Outside Our Control: is defined in clause 11.2;
Order: your order for the Products;
Products: the products that we are selling to you as set out in the Order;
Terms: the terms and conditions set out in this document; and
we/our/us: Avantgarde Glazing Systems LTD (registered in England and
Wales with company number 13998446) whose registered office is at Unit 8-
10 Morris Road Leicester LE2 6BR
1.2 When we use the words "writing" or "written" in these Terms, this will include email
unless we say otherwise.
2 Our contract with you
2.1 These are the terms and conditions on which we supply Products to you.
2.2 Please ensure that you read these Terms carefully, and check that the details
of the Order and in these Terms are complete and accurate, before you submit
the Order. If you think that there is a mistake or require any changes, please
contact us to discuss.
2.3 When you submit the Order to us, this does not mean we have accepted your
order for Products. Our acceptance of the Order will take place as described in
clause 2.4. If we are unable to supply you with the Products, we will inform you
of this and we will not process the Order.
2.4 These Terms will become binding on you and us when we issue you with a
written acceptance of an Order (such as our invoice) or, if earlier, when we
begin making the Products in your Order, at which point a contract will come
into existence between you and us.
2.5 If any of these Terms conflict with any term of the Order, these Terms will take
priority. These Terms may only be varied in writing by one of our directors.
2.6 If you are not a consumer, you confirm that you have authority to bind any
business on whose behalf you purchase Products.
3 Changes to Order or Terms
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how we accept payment from you; or
3.1.2 changes in relevant laws and regulatory requirements.
3.2 You may make a change to the Order for Products within two calendar days of
placing that Order by contacting us provided that we have not yet begun
making the Products. Where this means a change in the total price of the
Products, we will notify you of the amended price in writing. You can choose to
cancel the Order in accordance with clause 12.1 in these circumstances.
4 Made-to-measure Products
4.1 The images of the Products on our website are for illustrative purposes only.
Although we have made every effort to display the colours accurately, we
cannot guarantee that your computer's display of the colours accurately reflect
the colour of the Products. Your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, because
our Products are handmade all dimensions and measurements indicated on our
website have a 20mm tolerance.
4.2 We make the Products according to the measurements you provide us. You
can find information and tips on how to measure on our website, or by
contacting us.
4.3 Please make sure your measurements are correct and accurate. Unfortunately,
we cannot accept the return of made-to-measure Products if the reason for the
return is because you provided us with incorrect measurements. However, this
will not affect your legal rights as a consumer in relation to made-to-measure
Products that are faulty or not as described. Advice about your legal rights is
available at your local Citizen's Advice Bureau or Trading Standards office.
5 Delivery of goods
5.1 Please note that timescales for delivery and delivery charges will vary
depending on the location of the delivery address. Please allow for extra time
for deliveries to Devon and Cornwall, the Scottish Highlands and Islands, or to
addresses outside the UK. Our delivery charges can be found on our website.
5.2 Within 48 hours of your Order, we will contact you to agree a delivery date.
Occasionally our delivery to you may be affected by an Event Outside Our
Control. See clause 11 for our responsibilities when this happens.
5.3 If you have asked to collect the Products from our premises, you can collect the
Products from us at any time during our working hours of 8:00 am – 5:00 pm on
weekdays only.
5.4 Delivery of an Order shall be completed when we deliver the Products to the
address you gave us or you collect them from us.
5.5 If no one is available at your address to take delivery of the Products on the
agreed delivery date, we will leave you a note that the Products have been
returned to our premises, in which case, please contact us to rearrange
delivery. We are entitled to charge you for re-delivery when we cannot deliver
on the agreed delivery date.
5.6 If you amend your agreed delivery date within 7 days of the agreed delivery
date, we are entitled to charge you a fee for storage of the goods. This is
normally £100 per week, but may vary depending on the size of the Product.
We will inform you of and variations to the storage charge in writing.
5.7 If you cancel a Build on site within 10 working days of the agreed instalment
date. You will be charged for the original build and delivery costs. You will then
need to arrange and be charged for a new build and delivery costs.
5.8 If we are not able to deliver the whole of the Order at one time due to
operational reasons or shortage of stock, we will deliver the Order in
instalments. We will not charge you extra delivery costs for this. However, if you
ask us to deliver the Order in instalments, we may charge you extra delivery
costs. Each instalment shall constitute a separate contract governed by these
Terms. If we are late delivering an instalment or one instalment is faulty, that
will not entitle you to cancel any other instalment.
5.9 The Products will be your responsibility from the completion of delivery.
5.10 You own the Products on the later of the date we receive payment in full, or the
date of delivery of the Products.
6 If the Products are faulty
As a consumer, you have legal rights in relation to Products that are faulty or
not as described. Advice about your legal rights is available from your local
Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms
will affect these legal rights.
7 Our guarantee of Products
7.1 We guarantee that on delivery and for a specified period after delivery, the
Products shall be free from material defects. The guarantee period depends on
the Products concerned
7.2 This guarantee does not apply to any defect in the Products arising from:
7.2.1 fair wear and tear;
7.2.2 faulty installation of the Products by you or a third party;
7.2.3 wilful damage, abnormal storage or working conditions, accident, or
negligence by you or by a third party;
7.2.4 if you fail to use the Products in accordance with the user instructions;
and
7.2.5 any alteration or repair by you or by a third party.
7.3 If you make a claim under this guarantee, you may need to purchase a
replacement Product while the Product in question is returned to us for
examination. If it is found that the returned Product is faulty, you will be
refunded the cost of the replacement Product.
7.4 This guarantee is in addition to your legal rights in relation to the Products that
are faulty or not as described. Advice about your legal rights is available from
your local Citizens' Advice Bureau or Trading Standards office.
7.5 Any alteration or modification to our product, will void any warranty on the
product.
7.6 We will repair or replace faulty products (to the value no greater than the
original cost.
7.7 Our Warranty is held by the original purchaser and is not transferable, if
property is to change hands.
8 Price and payment
8.1 The price of the Products will be set out in our price list in force at the time the
contract between us comes into force under clause 2.4. Our prices may change
at any time, but price changes will not affect a contract that has already come
into force.
8.2 The prices for the Products 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
Products in full before the change in the rate of VAT takes effect.
8.3 The prices for the Products exclude delivery costs, which will be added to the
total amount due.
8.4 You must make payment for Products in advance by credit or debit card. We
accept payment via Google Wallet and PayPal.
8.5 If you do not make any payment due to us by the due date for payment, we
may charge interest to you on the overdue amount at the rate of 3% 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.
8.6 However, if you dispute an invoice in good faith and contact us to let us know
promptly after you have received an invoice that you dispute it, clause 8.5 will
not apply for the period of the dispute.
9 Our liability to you if you are a consumer
9.1 This clause 9 only applies if you are a consumer.
9.2 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. Loss or damage is foreseeable if they were an obvious
consequence of our breach or if they were contemplated by you and us at the
time we entered into this contract.
9.3 If we are installing the Products in your property, we will make good any
damage to your property caused by us in the course of installation or
performance. However, we are not responsible for the cost of repairing any preexisting
faults or damage to your property that we discover in the course of
installation and/or performance by us.
9.4 We only supply the Products for domestic and private use. You agree not to
use the Products for any commercial, business or re-sale purpose, and we
have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
9.5 We do not exclude or limit in any way our liability for:
9.5.1 death or personal injury caused by our negligence or the negligence of
our employees, agents or subcontractors;
9.5.2 fraud or fraudulent misrepresentation;
9.5.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979
(title and quiet possession);
9.5.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of
Goods Act 1979 (sale by description, satisfactory quality, fitness for
purpose and samples); and
9.5.5 defective products under the Consumer Protection Act 1987.
9.5.6 We shall not be held responsible or liable for any costs incurred for
replacing any products we have supplied. This includes any equipment
needed in the process to replace the product.
10 Our liability if you are a business
10.1 This clause 10 only applies if you are a business.
10.2 Nothing in these Terms limits or excludes our liability for:
10.2.1 death or personal injury caused by our negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979
(title and quiet possession); or
10.2.4 defective products under the Consumer Protection Act 1987.
10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to
you, whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, arising under or in connection with the contract between us for:
10.3.1 any loss of profits, sales, business, or revenue;
10.3.2 loss or corruption of data, information or software;
10.3.3 loss of business opportunity;
10.3.4 loss of anticipated savings;
10.3.5 loss of goodwill; or
10.3.6 any indirect or consequential loss.
10.4 Subject to clause 10.2 and clause 10.3, our total liability to you in respect of all
other losses arising under or in connection with the contract between us,
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, shall in no circumstances exceed the price of the Products.
10.5 Except as expressly stated in these Terms, we do not give any representation,
warranties or undertakings in relation to the Products. Any representation,
condition or warranty which might be implied or incorporated into these Terms
by statute, common law or otherwise is excluded to the fullest extent permitted
by law. In particular, we will not be responsible for ensuring that the Products
are suitable for your purposes.
10.6 We shall not be held responsible or liable for any costs incurred for replacing
products we have supplied. This includes any equipment needed in the process
to replace the product.
11 Events Outside Our Control
11.1 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.
11.2 An Event Outside Our Control means any act or event beyond our reasonable
control, including without limitation strikes, lock-outs or other industrial action by
third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war, fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster, or failure of public or private telecommunications networks.
11.3 If an Event Outside Our Control takes place that affects the performance of our
obligations under these Terms:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 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 Products to you, we will arrange a new delivery date with
you after the Event Outside Our Control is over.
11.4 You may cancel the contract if an Event Outside Our Control takes place and
you no longer wish us to provide the Products. Please see your cancellation
rights under clause 12. We may cancel the contract if the Event Outside Our
Control continues for longer than 2 weeks in accordance with our cancellation
rights in clause 13.
12 Your rights to cancel and applicable refund
12.1 You have the following rights to cancel an Order for Products, including where
you choose to cancel because we are affected by an Event Outside Our
Control:
12.1.1 You may cancel any Order for Products within two working days of
placing an Order by contacting us. We will confirm your cancellation in
writing to you. For the purposes of this clause, a working day is a
weekday which is not a public holiday in England.
12.1.2 If you cancel an Order under clause 12.1.1 and you have made any
payment in advance for Products that have not been delivered to you, we
will refund these amounts to you.
12.2 Unfortunately, as the Products are made to your requirements, you will not be
able to cancel your Order after the period set out in clause 12.1.1 (as we will
have begun manufacture of the Products) but this will not affect your legal
rights as a consumer in relation to made-to-measure Products that are faulty or
not as described.
12.3 In this instance, if the products are part ready we may charge you a
cancellation fee dependant on the stage of your order. This is at the discretion
of the management.
13 Our rights to cancel and applicable refund
13.1 We may have to cancel an Order before the Products are delivered, due to an
Event Outside Our Control or the unavailability of materials. We will contact you
promptly if this happens.
13.2 If we have to cancel an Order under clause 13.1 and you have made any
payment in advance for Products that have not been delivered to you, we will
refund these amounts to you.
14 Information about us and how to contact us
We are a company registered in England and Wales. Our company registration
number is 13998446 and our registered office is at Unit 8-10 Morris Road
Leicester LE2 6BR Our registered VAT number is 411 5316 42.
14.1 If you have any questions or if you have any complaints, please contact us. You
can contact us by telephoning our customer service team at [07493 602419] or
by e-mailing us at [info@avantgardeglazing.co.uk].
14.2 If you wish to contact us in writing, or if any clause in these Terms requires you
to give us notice in writing, you can send this to us by e-mail, by hand, or by
pre-paid post to Avantgarde Glazing Systems LTD at Unit 8-10 Morris Road
Leicester LE2 6BR We will confirm receipt of this by contacting you in writing. If
we have to contact you or give you notice in writing, we will do so by e-mail, by
hand, or by pre-paid post to the address you provide to us in the Order.
14.3 If you are a business, please note that any notice given by you to us, or by us
to you, will be deemed received and properly served immediately when posted
on our website, 24 hours after an e-mail is sent, or three days after the date of
posting of any letter. In proving the service of any notice, it will be sufficient to
prove, in the case of a letter, that such letter was properly addressed, stamped
and placed in the post and, in the case of an e-mail, that such e-mail was sent
to the specified e-mail address of the addressee. The provisions of this clause
shall not apply to the service of any proceedings or other documents in any
legal action.
15 How we may use your personal information
15.1 We will use the personal information you provide to us to:
15.1.1 provide the Products;
15.1.2 process your payment for such Products; and
15.1.3 inform you about similar products or services that we provide, but you
may stop receiving these at any time by contacting us.
15.2 If you are a business, you agree that we may pass your personal information to
credit reference agencies and that they may keep a record of any search that
they do.
15.3 Subject to clause 15.2, we will not give your personal data to any third party.
16 Other important terms
16.1 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.
16.2 You may only transfer your other rights or your obligations under these Terms
to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to
enforce any of its terms.
16.4 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.
16.5 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.
16.6 If you are a consumer, 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.
16.7 If you are a business, these Terms are governed by English law. This means
that a Contract, and any dispute or claim arising out of or in connection with it
or its subject matter or formation (including non-contractual disputes or claims),
will be governed by English law. We and you both agree to the exclusive
jurisdiction of the courts of England and Wales.
16.8 We will not file a copy of the contract between us.
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