TERMS & CONDITIONS
TERMS AND CONDITIONS OF SALE PLEASE READ THESE TERMS AND CONDITION CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1. FORMATION OF THE CONTRACT
1.1. These terms of sale apply to all goods and installation services supplied by Deuren LIMITED a company incorporated under the laws of England & Wales the registered office of which is at LEIGH HOUSE, 28-32 ST. PAULS STREET, LEEDS, WEST YORKSHIRE, LS1 2JT (“the Supplier”).
1.2. No contract exists between you and the Supplier for the sale of any goods or provision of installation services unless and until confirmed in writing by the Supplier in the Supplier’s standard form order acknowledgement and said acknowledgement is signed and returned by you. Once the Supplier receives the order confirmation signed by you, there is a binding legal contact between us.
1.3. The contract is subject to your right of cancellation set out below.
1.4. The Supplier may change these terms of sale without notice to you in relation to future sales.
2. DESCRIPTION AND PRICE OF THE GOODS and services
2.1. Unless otherwise stated you acknowledge that the goods ordered by you are bespoke and produced to your specification and as such are non returnable.
2.2. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available, the Supplier will inform you as soon as possible and in any event within 30 days of receiving your order confirmation.
2.3. The price for the goods are as shown in the order acknowledgement.
2.4. In addition to the price, you will be required to pay a delivery charge for the goods, as specified by the Supplier in the order confirmation sent to you confirming your order.
2.5. The price of the goods, services and delivery charges are exclusive of VAT which you shall be additionally liable to pay the Supplier.
3.1. Payment for the goods, services and delivery charges shall be made by the method shown on the order acknowledgement.
3.2. Payment for the goods and services will become due as follows:
3.2.1. 40% of the price shall be payable as a deposit on confirmation of your order;
3.2.2. The remainder of the price shall become due 10 working days before the expected delivery date, if payment is made by cheque and 4 working days if payment is made by CHAPS transfer.
4.1. On the formation of the contract the Supplier will place your order for the goods with the manufacturer. As soon as the Supplier is informed that the goods are ready it will contact you to advise you of an expected date of delivery. Every effort will be made to deliver the goods by this date. However the Supplier will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case the Supplier will inform you as soon as possible about any such delay.
4.2. If the expected date of delivery given is not acceptable to you, you will be required to notify the Supplier in writing within three working days of receiving the expected date of delivery. The Supplier will insofar as is reasonable attempt to arrange an alternative date of delivery.
4.3. From the date when the goods become ready for delivery until the date of delivery the Supplier will provide storage facilities free of charge up to a maximum of 30 days at the end of this 30 day period, if not already paid the price of the goods less any deposit paid shall become due immediately and responsibility for the insurance of the goods of the goods shall be transferred to you.
4.4. Should delivery of the goods not be possible within 30 days of the date when the goods become ready for delivery due to you being unable to receive them for any reason whatsoever then, subject to payment of the price of the goods being made by you the Supplier will provide further storage for the goods at a cost to you of £2 per day.
4.5. The goods you order will be delivered to the address you give when you place your order, except that deliveries will not be made outside of the United Kingdom and some parts of the United Kingdom are not covered. If you require delivery to be made to any of these areas then the Supplier may at its sole discretion consider such delivery on receipt of your written request.
4.6. If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and subject to Clause 7.4, where non-delivery occurs as a result of an act or omission of the Supplier, the Supplier will refund or re credit you for any sum that has been paid by you for delivery.
4.7. If there is no-one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
4.8. You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
5. YOUR RIGHT OF CANCELLATION
5.1. You shall have the right to cancel the contract up to the end of seven working days after you sign the order acknowledgement subject to the payment to the Supplier of 10% of the price of the goods and services ordered. The 10% payment shall not be applicable where you purchase the goods and services as a consumer.
5.2. Where you purchase the goods and services as a consumer once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or recredit you within 30 days for any sum which has been paid by you for the goods.
5.3. To exercise your right of cancellation you must give written notice to the Supplier by hand, post, fax or e-mail, at the address, fax number or e-mail address shown below, giving details of the goods ordered and where applicable the order reference number and where applicable the necessary cancellation payments.
6.1. All goods supplied by the Supplier are warranted free from defects for 12 months from the date of delivery, or where applicable from the first date that the Supplier stores the goods for you after the initial 30 day period of free storage as specified at Clause 4.4. This warranty does not affect your statutory rights as a consumer.
6.2. In addition the following parts of the goods are warranted for the periods set out below:
6.2.1. Mechanical components of the garage doors – 10 years from the date of delivery;
6.2.2. Mechanical components of the garage door, namely wirings, blinker, pedestrian door contacts, motor, end opening contact – 5 years from date of delivery;
6.2.3. waterproof varnish film for wooden components – 4 years from date of delivery;
6.2.4. Electrical components relating to the motorisation, namely circuit boards, photocells, transformer and handsets – 2 years from the date of delivery.
The warranties set out in this clause 6.2 extends to parts and labour for the period of 2 years from the date specified in clause 6.1 and thereafter will only extend to parts.
6.3. The above warranties do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions (whether in the Supplier’s user and maintenance manual or otherwise), any specification provided by you, or any alteration or repair carried out without the Supplier’s approval.
6.4. The above warranties do not extend to parts, materials or equipment not manufactured by the Supplier, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as given by the manufacturer to the Supplier.
6.5. Subject as expressly provided in these terms and except where the goods are sold to a person dealing as consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6.6. Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these terms.
6.7. If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Supplier in writing at the address, fax number, or e-mail address set out below.
7. Exclusion of Liability
7.1. The Supplier does not exclude liability for death or personal injury attributable to negligence.
7.2. The Supplier does not exclude liability for loss of, or damage to, property directly resulting from the Supplier’s breach of contract.
7.3. Further, under no circumstances whatsoever shall the Supplier be liable for losses special to your particular circumstances, indirect losses, work required in connection with the removal of defective goods and the installation of repaired or substituted goods, loss of profits, damage to property or wasted expenditure.
7.4. The Supplier shall not be liable for any failure to perform any of its obligations to you where the failure is due to circumstances beyond the Supplier’s reasonable control, including, without limitation, Act of God, war civil disturbance, flood, lightening or fire, industrial action or lockouts, the act or omission of Government or any agent thereof, the act or omission of any person for whom the Supplier is not responsible.
7.5. Where you do not buy the goods in the course of a business (or hold yourself out as doing so), these terms do not exclude the undertakings implied by Sections 13, 14 and 15 of the Sale of Goods Act 1979 or Sections 2 to 5 of the Supply of Goods and Services Act 1982 and does not affect your statutory rights. Nothing in these Conditions shall be construed as limiting or excluding the Supplier’s liability under the Consumer Protection Act 1987.
8.0. SUITABILITY OF THE SITE
8.1. Irrespective of whether the contract provides for the Supplier to install any goods or equipment in any buildings or premises, you are solely responsible for the suitability of the site and obtaining all necessary consents and approvals under planning and building regulations and bye laws and for the preparation of the site so that the site is suitable to receive the goods. The supplier will if requested provide drawings and specifications showing the site requirements for the goods based on normal requirements in a suitable location but does not thereby warrant that the site will be suitable or satisfactorily prepared.
8.2. Any modification be required to the building structure or construction of the door, is not included in any price given to you and if any modification is required it will be your responsibility to pay for or undertake modification.
8.3. Should the site not be suitable for installation when the Suppliers’ installers arrive on site the installation may be aborted and rebooked to the next convenient day and additional installation charges shall apply at the Suppliers’ standard installation rates.
8.4. Adequate solid fixing for the doors must be provided by you.
8.5. The Supplier is entitled to assume that on the installation date the site will be fully accessible so as to facilitate installation.
9. DATA PROTECTION
9.0. The Supplier will take all reasonable precautions to keep the details for your order and payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
9.1. The Supplier will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Supplier would like notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Supplier at the address, fax number or e-mail address set out below.
9.2. If you do not wish to receive details of offers from the Supplier, please email firstname.lastname@example.org.
10. APPLICABLE LAW
10.0. These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Telephone: 0800 138 66 88