TERMS & CONDITIONS
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 and/or services.
1.2 Why you should read them. Please read these terms carefully before you place your 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 Verandas and Canopies UK Limited, a company registered in England and Wales. Our company registration number is 10402764 and our registered office is at Unit 4, 1 Catherine Street, Birmingham, England, B6 5RS. Our registered VAT number is 254249696
2.2 How to contact us. You can contact us by:
(a) telephoning our customer service team on 0121 328 6222
(b) emailing us at: firstname.lastname@example.org; or email@example.com
(c) writing to us at: Unit 4, 1 Catherine Street, Birmingham, England, B6 5RS.
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 and which is set out in the quotation, or such other contact details as you may provide us with from time to time during the course of the contract.
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 Quotation. We will provide you with a quotation which will remain valid for 21 days.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
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 of unexpected limits on our resources which we could not reasonably plan for 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.
3.4 We only sell to the UK. Our brochure and marketing material is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR PRODUCTS
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 ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated in our brochure and on our website have a 2% tolerance.
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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).
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. These changes will not affect your use of the product.
6.1 Materials Price Increase
Contractor shall be entitled to additional compensation from the customer when the price for any materials to be used on the project increases 10% or more between the time the contract is signed and the materials for the project are purchased. In such a case, Customer shall pay the contractor, on request, all sums by which the cost of the Contactor for any item of materials has increased beyond 10%. This would apply, but not be limited to price increases in wood, plywood, steel, aluminium, glass, upvc, fuel, manufactured products and equipment. Contractor is entitled to demonstrate this price increase through the use of quotes, supplier list prices, invoice or receipts, when requested.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as set out in our quotation.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
(a) If the products are goods. If the products are goods, we will deliver them to you at the same time as we provide the services.
(b) If the products are services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
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 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 10.2 will apply.
7.5 When you become responsible for the goods. Goods will be your responsibility from the time we deliver them to the address you gave us, or you collect it from us.
7.6 When you own goods. You own goods once we have received payment in full for them.
7.7 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, for example, details of how to access your property and your contact details. If so, this will have been notified to you before you placed your order. We will contact you 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 (and clause 10.2 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.
7.8 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).
7.9 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 6 weeks, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.10 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 13.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.6). 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 13.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) In all other cases (if we are not at fault), see clause 8.3.
8.2 Ending the contract because of something we have done or are going to do. 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 and you may also be entitled to 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 6 weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. 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. HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call or email customer services the details provided at the beginning of these terms. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at the address provided at the beginning of these terms, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must courier them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call or email customer services on the details provided at the beginning of these terms to arrange collection.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay 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; or
In all other circumstances you must pay the costs of return.
9.4 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 charge £450 for collection.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
10.1 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 5days 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
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints, please contact us using the details set out at the beginning of these terms.
11.2 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.
Summary of your key 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 life of your product your legal rights entitle you to the following:
a) Up to 30 days: if your item is faulty, then you can get a refund.
b) Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is services, for example, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time upfront, it must be carried out within a reasonable time.
11.3 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 collection. Please call, email or write to us using the detail set out at the beginning of these terms to arrange collection .
12.1 Our goodwill warranty. In addition to and without prejudice to your legal rights as set out in clause 11 above, we offer a 10 year warranty on all workmanship and materials under which all defects (subject to the exceptions set out in clause 12.2 below) in the materials or workmanship shall be repaired or placed by us at no cost to you.
12.2 Circumstances where our goodwill warranty does not apply. We shall not be liable under our 10 year warranty set out in clause 12.1 above if:
(a) the defects arise because of your default;
(b) the defects arise because you failed to follow our or the relevant manufacturer’s oral or written instructions as to use and maintenance of the products;
(c) you alter or repair the products without our prior written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, neglect or fire; or
(e) the defect arises due to an event outside of our control.
12.3 You may transfer our goodwill warranty. You may transfer our warranty at clause 12.1 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. The warranty remains subject to the exceptions set out in clause 12.2. 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.
13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated in the quotation provided to you. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 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.
13.3 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 to you, 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, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment by bank transfer to the account details provided on the quotation supplied to you or with Apply Pay, Samsung Pay, Google Pay, Maestro, Mastercard and Visa. Unless otherwise agreed with us in writing, we will invoice you and you must pay us as follows:
- (a) 30% of the total cost on acceptance of your order;
- (b) 30% of the total cost on delivery of the materials to the factory;
- (c) 30% of the total cost on delivery of the goods to your premises;
- (d) 10% of the total cost on completion of the order and signature by you of our works order certificate.
13.5 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 2.5% a year above the base lending 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.
13.6 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.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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.
14.2 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 11.2.
14.3 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. 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.
14.4 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.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Notice. You can find our Privacy Notice on our website verandasandcanopies.co.uk.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our goodwill warranty). 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 goodwill warranty in clause 12.1 (see clause 12.3).
16.3 Nobody else has any rights under this contract (except someone you pass your goodwill 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 12.3.
16.4 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.
16.5 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.
16.6 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.
The price is only for a 75 mile radius from B6 5RS (verandas and canopies) please ring or email for a quotation outside of this area.