1.2 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 12.2; Goods: the goods that We are selling to you as set out in the Order; Order: your order for the Goods and/or Services; Services: the services that We are providing to you as set out in the Order; Terms: the terms and conditions set out in this document; and We/Our/Us: Avensys UK Limited registered in England and Wales with company number 05320267.
When we use the words “writing” or “written” in these terms, this will include e- mail unless we say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply goods, or services, or both goods and services, to you.
2.2 Please ensure that you read these terms carefully, and check that the details on the order and these terms are complete and accurate, before you sign and submit the order. If you think that there is a mistake or require any changes, please contact us to discuss.
2.3 When you sign and submit the order to us, this does not mean we have accepted your order for goods and/or services. Our acceptance of the order will take place as described in clause 2.4. If we are unable to supply you with the goods and/or services, we will inform you of this and we will not process the order.
2.3 These terms will become binding on you and us when we contact you to tell you that we are able to provide you with the services or the goods, at which point a contract will come into existence between you and us.
2.4 We shall assign an order number to the order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.
2.5 Our website, catalogue and brochure are solely for the promotion of our goods in the UK.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these terms from time to time to reflect changes in relevant laws and regulatory requirements.
3.2 If we have to revise these terms under clause 3.1, we will give you at least one month’s written notice of any changes to these terms before they take effect. You can choose to cancel the contract in accordance with clause 13.4(c).
3.3 You may make a change to the order for goods and/or services at any time before we dispatch the goods or the start date for the services by contacting us, except in the case of bespoke goods. Where this means a change in the total price of the goods and/or services, we will notify you of the amended price in writing. You can choose to cancel the order in accordance with clause 13 in these circumstances.
3.4 If you wish to cancel an order before it has been fulfilled, please see your right to do so in clause 13. In the case of bespoke goods, unfortunately, because we make these goods to your specific requirements, you will not be able to cancel an order once it is made.
4. DELIVERY OF GOODS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the goods and your address. We will contact you with an estimated delivery date which will be within 30 days after the day on which we accept your order.
4.2 You have legal rights if we deliver any goods late. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
4.3 If no one is available at your address to take delivery, we will leave you a note that the goods have been returned to our premises, in which case, please contact us to rearrange delivery.
4.4 Delivery of an order shall be completed when we deliver the goods to the address you gave us or you or a carrier organised by you collect them from us and the goods will be your responsibility from that time.
4.5 You own the goods once we have received payment in full.
5. IF THE GOODS ARE FAULTY
As a consumer, you have legal rights in relation to goods that are faulty or not as described. We are under a legal duty to supply goods that are in conformity with this contract. 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.
6. THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS
6.1 Where the goods come with a manufacturer’s guarantee, please refer to the manufacturer’s guarantee provided with the goods.
6.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the goods that are faulty or not as described. We are under a legal duty to supply goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
7. SELLER’S GUARANTEE OF GOODS
7.1 You acknowledge and accept that unless we expressly state that the goods being supplied are new, the goods will be reconditioned by us.
7.2 We guarantee that on delivery and for a period of three months from delivery, the goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.3.
7.3 This guarantee does not apply to any defect in the goods arising from:
a) fair wear and tear;
b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
c) if you fail to operate or use the goods in accordance with the user instructions;
d) any alteration or repair by you or by a third party who is not one of our authorised repairers; and
e) any specification provided by you.
7.4 This guarantee is in addition to, and does not affect, your legal rights in relation to the goods that are faulty or not as described. We are under a legal duty to supply goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
8. PROVIDING SERVICES
8.1 We will supply the services to you from the date set out in the order or such other date agreed between Us in writing for the period set out in the order.
8.2 We will make every effort to complete the services on time. However, there may be delays due to an event outside our control. See clause 12 for our responsibilities when an event outside our control happens.
8.3 If you do not pay us for the services when you are supposed to as set out in clause 10.4, We may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you dispute an invoice under clause 10.6). We will contact you to tell you this. This does not affect our right to charge you interest under clause 10.5.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 In the unlikely event that there is any defect with the services or goods:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) We will use every effort to repair or fix the defect as soon as reasonably practicable.
9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use 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.
10. PRICE AND PAYMENT
10.1 The price of the goods and/or the services will be set out in our price list in force at the time you place your order or in any quotation or invitation to treat we issue to you. Our prices may change at any time, but price changes will not affect orders that you have already placed.
10.2 Our prices are exclusive of VAT which will be charged at the rate applicable from time to time.
10.3 The prices for the goods exclude delivery costs, which will be added to the total amount due.
10.4 Where we are providing goods to you, you must make payment for goods in advance by credit or debit card.
10.5 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 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.
10.6 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 10.5 will not apply for the period of the dispute.
11. OUR LIABILITY TO YOU
11.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2 If We are installing the goods and/or providing services in your property, we will make good any damage to your property caused by us during the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover during the course of installation and/or performance by us.
11.3 We only supply the goods and/or services for domestic and private use. you agree not to use the goods and/or services 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. if you intend to use the goods and services for commercial, business or re-sale purposes, you these terms shall not apply and our commercial / business terms and conditions will take effect without further notice to you.
11.4 We do not exclude or limit in any way our liability for:
a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for purpose and any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and
d) defective products under the Consumer Protection Act 1987.
12. EVENTS OUTSIDE OUR CONTROL
12.1 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.
12.2 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.
12.3 If an event outside our control takes place that affects the performance of our obligations under these Terms:
a) We will contact you as soon as reasonably possible to notify you; and
b) 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 goods to you, we will arrange a new delivery date with you after the event outside our control is over. Where the event outside our control affects our performance of services to you, we will restart the services as soon as reasonably possible after the event outside our control is over.
12.4 You may cancel the contract if an event outside our control takes place and you no longer wish us to provide the goods and/or services. Please see your cancellation rights under clause 13. We will only cancel the contract if the event outside our control continues for longer than 26 weeks in accordance with our cancellation rights in clause 13.
13. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
13.1 Before we begin to provide the services or the goods are delivered, you have the following rights to cancel an order for goods (other than bespoke goods) and/or services, including where you choose to cancel because we are affected by an event outside our control or we change these terms under clause 3.1 to your material disadvantage:
a. you may cancel any order for goods and/or services at any time before we despatch the goods or the start date for the services within 14 calendar days of placing an order by contacting us. We will confirm your cancellation in writing to you;
b. if you cancel an order under clause 13.1(a) and you have made any payment in advance for services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts and any delivery charges to you;
c. however, if you cancel an order for services under clause 13.1(a) and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. we will tell you what these costs are when you contact us. However, where you have cancelled an Order because of our failure to comply with these terms (except where we have been affected by an event outside our control), you do not have to make any payment to us;
d. unfortunately, if you cancel an order for goods under clause 13.1(a) and we have already dispatched your goods to you, we will not be able to cancel your order until it is delivered or collected. in this case, if you return the goods to us, we will have to charge you the cost of collection or you will have to pay the cost of returning the goods back to us. This will not affect your refund for the goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
13.2 Unfortunately, as bespoke goods are made to your requirements, you will not be able to cancel your order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure goods that are faulty or not as described).
13.3 Once we have begun to provide the services to you, you may cancel the contract for the services at any time by providing us with at least 30 calendar days’ notice in writing. Any advance payment you have made for services that have not been provided will be refunded to you.
13.4 Once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:
a. We break this contract in any material way and We do not correct or fix the situation within 30 days of you asking Us to in writing;
b. We go into liquidation or a receiver or an administrator is appointed over our assets;
c. We change these Terms under clause 3.1 to your material disadvantage;
d. We are affected by an Event Outside Our Control.
14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 We may have to cancel an order before the start date for the services or before the goods are delivered, due to an event outside our control or the unavailability of stock or (in the case of services) key personnel or key materials without which we cannot provide the services. if this happens:
a. We will promptly contact you to let you know;
b. if you have made any payment in advance for services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts to you;
c. where we have already started work on your order for services or made-to- measure goods, we will not charge you anything and you will not have to make any payment to us.
14.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days’ notice in writing. if you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
14.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if:
(a) you do not pay us when you are supposed to as set out in clause 10.4. this does not affect our right to charge you interest under clause 10.5; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are a company registered in England and Wales. Our company registration number is 05320267 and our registered office is at Hunt House Farm, Frith Common, Nr Tenbury Wells, Worcestershire, United Kingdom, WR15 8JY. Our trading address is Frederick Road, Hoo Farm Industrial Estate, Kidderminster, DY11 7RA.
15.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning or by e-mailing our customer service team. Full details can be found on our website.
15.3 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing (for example, to cancel the contract for services which we have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Frederick Road, Hoo Farm Industrial Estate, Kidderminster DY11 7RA. 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.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1 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.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 6.1 if you transfer it to them, but we and you will not need their consent to cancel or make any changes to these terms.
17.4 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.
17.5 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.
17.6 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.