Terms and Conditions
1. Company details. CURLY WIRL LIMITED (company number 02411566 (referred to as we, usand our), is a company registered in England and Wales and our registered office is at 6 Sharratt Road, Bedworth, Warwickshire, England, CV12 8SJ. Our Trading name is WINDSEAL DOUBLE GLAZING (referred to we, us and our) Our main trading address is Unit 38/42 Holbrook Lane Coventry CV6 4AB. Our VAT number is 585 2019 37. We operate the website www.eazybuywindowsanddoors.com
1.1 Contacting us. To contact us, telephone our customer service team on 02477 986 850 or email firstname.lastname@example.org
2. Definitions. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day”: a day other than a Saturday, Sunday or public holiday
“Calendar Day”: any day of the year
“Conditions”: the terms and conditions set out in the document as amended from time to time in accordance with clause 14.5
“Contract”: the contract between Us and the Customer for the sale and purchase of Goods in accordance with these Conditions.
“Customer”: the person or firm who purchases the Goods from Us
“Goods”: the goods (or any part of them) as set out in the Order
“Hardware”: all handles, hinges, locks, tricklevents and restrictors
“Price”: the price payable for the Goods
“Order”: the Customer’s Order for the Goods, as set out in the Customer’s purchase order form
“Order Confirmation”: Our acceptance and confirmation of your Order
“Specification”: Any specification for the Goods, including any related plans and drawings, that is provided by the Customer
“Written Return”: Written letter or e-mail
(a) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) Any phrase introduced by the terms including, include, in particularor any similar expression shall be construed as illustrative and shall not limit the sense of the works preceding those terms.
(c) A reference to writing or written includes faxes, emails, text message or other means.
3. Basis of Contract
3.1These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.2The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
3.3 The Order shall only be deemed to be accepted when We issue a completed copy of the Order to the Customer and the Customer confirms by written return that the Order is correct, at which point the Contract shall come into existence.
3.4 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
3.5 Any samples, drawings, descriptive matter or advertising produced by Us and any descriptions or illustrations contained in Our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
3.6 A quotation for the Goods given by Us shall not constitute an offer. A quotation shall only be valid for a period on the day that it is issued, and Prices can increase at anytime.
3.7 The Contractis the entire agreement between Us and the Customer in relation to its subject matter. The Customer may not rely on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.8 The Conditions and the Contract are made only in the English language.
4.1 The images of the Goods on our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that all images will be precisely accurate due to differences in the colour reproduction of electronic displays. The colour of your Goods may vary slightly from those images.
4.2 Should a defect occur due to an error on Our part, We will assess the defect and if We see fit We can either rectify the error or, make a partial refund to the Customer. Not all defects will warrant a partial refund or require rectifying, it will be assessed on a case to case basis.
4.3 We reserve the right to amend the Specification if required by any applicable statutory or regulatory requirements.
4.4 It is the Customer’s responsibility to ensure that all Specifications are correct on the Order.
4.5 If the Goods are incorrect due to an error on the part of the Customer, then We cannot accept the return of the Goods nor can we provide a refund for those Goods.
4.6 The Customer shall indemnify againstallliabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us in connection with any claim made against Us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with Our use of the Specification which has been provided by the Customer.
5. Order and Cancellation
5.1 All Orders made by the Customer are subject to these Conditions
5.2 An Order is placed by completing the online Order form. Each Order is an offer by the Customer to buy the Goods specified in the Order.
5.3 The Customer is responsible for checking the Order before submitting it to Us. The Customer is responsible for ensuring that all Specifications are accurate and complete.
5.4 After you place an order, you will receive an email from Us acknowledging that We have received it, but please note that this does not mean that your order has been accepted.
5.5 Upon receipt of your Order we will issue to the Customer a completed copy of the Order for the Customer to check.
5.6 The Order shall only be deemed to be accepted when We receive written confirmation from the Customer that the Order is correct. Any delay in the Customer providing written confirmation that the Order is correct may cause a delay in the manufacture and supply of the Goods.
5.7 Orders which are placed by the Customer are for bespoke and individually crafted items and therefore unique to the Contract with the Customer. In accordance with clause 28(1)(b) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the usual statutory right to cancel the order within 14 days does not apply to Goods made to the Customer’s specification, i.e. bespoke items.
5.8 If the Customer requires Us to process their Order immediately after it has been accepted then they waive their right to the 14-day cancellation/amendment period. The Customer must specifically inform us if they wish us to process their Order immediately after the Order has been accepted.
5.9 If the Customer cancels their Order after We have begun processing the Order, the Customer will be liable for the costs incurred up to the point of cancellation, which could be up to the full cost of the Order.
5.10 If the Customer requires any changes to be made after we have begun processing the Order, We cannot guarantee that the changes can be made. If we are able to make the changes there will be additional costs to the Customer for this, which We will advise the Customer of before We make the changes. The Customer will need to agree to the changes and additional cost by Written Return.
5.11 We will not begin to process your Order until 14 Calendar days have elapsed from the date that the Order is accepted to allow time for the Customer to cancel or amend their Order. If the Customer chooses to cancel their order then We will issue a refund as soon as possible. If the Customer chooses to amend their order then additional payment may be required from the Customer if the amended Order is more expensive than the original Order. Alternatively, there may be money due back to the Customer if the amended order is cheaper than the original Order, in which case We will arrange for the Customer to be refunded as soon as possible.
5.12 The Customer can cancel their order by written return however cancellation is subject to clauses 5.7, 5.8, 5.9, 5.11 above.
5.13 If we are unable to supply you with the Goods for any reason We will inform you of this in writing and We will not process your order. If you have already paid for the Goods We will refund you the full amount charged, including delivery costs, as soon as possible.
5.14. The Customer will receive a copy of their Order when We request confirmation of their Order. A copy of the Order can be obtained from Us.
6 Manufacture of the Goods
6.1 The Customer must allow up to 28 Business Days for their Goods to be produced from the first Business day after the 14 Calendar day cancellation/amendment period has elapsed, or from the first Business Day after the Order is accepted for Orders which are to be processed immediately in accordance with clause 5.9 above.
7.1 Delivery is only possible in England.
7.2 If we are unable to deliver to the required delivery address, We will notify the Customer when the Order is placed and if the Customer is unable to collect the Order, We will cancel the Order.
7.3 Each delivery will be accompanied by a delivery note.
7.4 The date and time of the delivery will be agreed between Us and the Customer once the Goods have been produced.
7.5 Any dates quoted for delivery are approximate only and the time of the delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by matters beyond Our control or due to the Customer’s failure to provide Us with adequate delivery instructions.
7.6 Delivery will be deemed to have taken place when the Goods have been delivered to the address indicated in your Order or when you have collected the Goods from Us.
7.7 The Customer will be required to sign a delivery note to confirm receipt of the Goods whether they have been delivered or collected.
7.8 If We are unable to deliver the Goods due to an error or fault on Our part then We shall arrange redelivery with no additional cost.
7.9 If We are unable to deliver the Goods due to an error or fault by the Customer then we shall arrange a redelivery for which there will be a further cost which the Customer will be responsible for paying.
7.10 If the Customer requires they can collect the Goods from Our premises at Unit 38/42 Holbrook Lane Coventry CV6 4AB or such other location as may be advised by us, within ten Business Days of Us notifying the Customer that the Goods are ready for collection.
7.11 If the Goods cannot be collected within 10 Business days of Us notifying the Customer that the Goods are ready for collection, we reserve the right to charge for the storage of the Goods at a rate of £5.00 per day.
7.12 If the Customer cannot collect the Goods, then delivery can be arranged in accordance with clauses 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7 above and 8.4 below.
7.13 If the Customer does not collect their Goods or arrange a delivery, with 48 Calendar Days, We will assume that they are not wanted and We will dispose of the Goods.
8. Price and Payment
8.1 The price of the Goods shall be set out in the Order.
8.2. Prices of our Goods may change from time to time but these changes will not affect Orders which have already been accepted.
8.3 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.4The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. The delivery cost will depend on the Order value and the delivery location. The cost will be calculated when the Customer enters their address and postcode during the check-out process.
8.5 The Customer shall pay the price of the Goods and the cost of delivery in full when submitting their Order.
8.6 The Customer can make payment using a debit or credit card.
9.1 Goods can, if faulty, be returned when they are delivered or collected. The Customer will be required to inspect the Goods on delivery or collection of the Goods and sign to confirm that they were received in good condition
9.2 If it is discovered after the delivery or collection that there is a fault with the Goods, We will assess the fault and decide what action to be taken, at our full discretion.
9.3 Incorrect Goods should not be installed. Any incorrect Goods can only be returned in their original unused condition. The Customer is responsible for checking all sizes of the Goods before removing their existing frames. If the size of the Goods is incorrect the Customer must not remove their existing frames.
9.3 If the Goods are incorrect as a result of incorrect information that the Customer has supplied the Goods cannot be returned to Us.
10. Our Warranty
10.1 We provide a guarantee on the glass for five years from the date that it is produced, a guarantee on the window frames for ten years from the date that they are produced and a guarantee on the hardware for one year from the date that it is produced, that the Goods will be free from material defects.
10.2 The guarantees provided in clauses 10.1 do not apply to defects to Goods which have arisen due to the Customer not maintaining the Goods appropriately, due to the incorrect installation of the Goods or due to the Goods being misused by the Customer.
10.3 Before accepting any claim against Our guarantee We must have a reasonable opportunity to inspect the Goods to ensure that there has not been any failure to maintain or any misuse.
11. Limitation of Liability
11.1 Nothing in these Conditions shall limit or exclude Our liability for;
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation:
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
11.2 Subject to clause 11.1
(a) We shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% the price of the Goods.
11.3 It is the Customer’s responsibility to arrange a suitably qualified professional to install the Goods.
11.4 We will not be liable for any damage to property or persons incurred during the installation of the Goods where We have not carried out the installation.
12. Events outside Our Control
12.1 We will not be in breach of this Contract nor liable for delay in performing, or failure to perform, any of Our obligations under this Contract if such delay or failure results from a force majeure event. If the period of delay or non-performance continues for a period of 90 days, the Customer may terminate this Contract by giving 28 days written notice to Us. If the Customer opts to cancel We will refund the price you have paid, including any delivery charges. It will be at Our discretion as to whether we will issue a refund in such circumstances.
12.2 If an event outside our control takes place that affects the performance of Our obligations under this Contract
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the Contract 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing if this happens.
14.2 The Customer may only assign or transfer their rights or obligations under the Contract to another person if We agree in writing.
14.3 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representative).
14.4 If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
14.5 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal or enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
14.6 No one other than a party to the Contract (and their permitted assignees) shall have any right to enforce any of its terms.
14.7 These Conditions aregoverned by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.