{"id":5852,"date":"2019-05-11T18:59:37","date_gmt":"2019-05-11T18:59:37","guid":{"rendered":"https:\/\/awningsandcanopies.co.uk\/?page_id=5852"},"modified":"2019-05-11T18:59:45","modified_gmt":"2019-05-11T18:59:45","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/awningsandcanopies.co.uk\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"\n
Terms and Conditions<\/strong><\/p>\n\n\n\n Awnings\nand Canopies (A & C) Terms and Conditions for the provision of Goods and\nServices. <\/strong><\/p>\n\n\n\n 1. DEFINITIONS<\/strong><\/p>\n\n\n\n 1.1 When the following words with capital letters\nare used in these Terms, this is what they will mean:<\/p>\n\n\n\n 1.2 When We use the words \u201cwriting\u201d or \u201cwritten\u201d in\nthese Terms, this will include e-mail unless We say otherwise.<\/p>\n\n\n\n 2. OUR CONTRACT\nWITH YOU<\/strong><\/p>\n\n\n\n 2.1 These are the terms and conditions on which We\nsupply Goods, or Services, or both Goods and Services, to you.<\/p>\n\n\n\n 2.2 Please ensure that you read these Terms\ncarefully, and check that the details on the Order. If you think that there is\na mistake or require any changes, please contact Us to discuss. We will confirm\nany changes in writing to avoid any confusion between you and Us.<\/p>\n\n\n\n 2.3 When you sign and submit the Order to Us, this\ndoes not mean We have accepted your order for Goods and\/or Services. Our\nacceptance of the Order will take place as described in clause 2.4 on receipt\nof a deposit. If We are unable to supply you with the Goods and\/or Services, We\nwill inform you of this and We will not process the Order.<\/p>\n\n\n\n 2.4 These Terms will become binding on you and Us\nwhen We issue you with a written acceptance of an Order, at which point a\ncontract will come into existence between you and Us.<\/p>\n\n\n\n 2.5 If any of these Terms conflict with any term of\nthe Order, the Order will take priority.<\/p>\n\n\n\n 2.6 We shall assign an order number to the Order\nand inform you of it when We confirm the Order. Please quote the order number in\nall subsequent correspondence with Us relating to the Order.<\/p>\n\n\n\n 2.7 Our website, catalogue and brochure are solely\nfor the promotion of Our Goods in the UK. We do accept and fulfil orders from\noutside the UK.<\/p>\n\n\n\n 2.8 The images of the Goods on Our website or in\nOur catalogue or brochure are for illustrative purposes only. Although We have\nmade every effort to display the colours accurately, We cannot guarantee that\nthe printed pictures accurately reflect the colour of the Goods. Your Goods may\nvary slightly from those images. Although We have made every effort to be as\naccurate as possible, because our Goods are handmade, all sizes, weights,\ncapacities, dimensions and measurements indicated on Our website or in Our\ncatalogue or brochure have a 2% tolerance.<\/p>\n\n\n\n 3. CHANGES TO\nORDERS OR TERMS<\/strong><\/p>\n\n\n\n 3.1 We may revise these Terms from time to time in\nthe following circumstances:<\/p>\n\n\n\n 3.2 If We have to revise these Terms under clause\n3.1, We will give you at least one month\u2019s written notice of any changes to\nthese Terms before they take effect. You can choose to cancel the contract in\naccordance with clause 14<\/p>\n\n\n\n 3.3 You may make a change to the Order for Goods\nand\/or Services within five calendar days of placing an Order by contacting Us,\nexcept in the case of made-to-measure Goods. Where this means a change in the\ntotal price of the Goods and\/or Services, We will notify you of the amended\nprice in writing. You can choose to cancel the Order in accordance with clause\n14 in these circumstances.<\/p>\n\n\n\n 3.4 If you wish to cancel an Order before it has\nbeen fulfilled, please see your right to do so in clause 14 In the case of\nmade-to-measure Goods, unfortunately, because We make these Goods to your\nspecific requirements, you will not be able to cancel an Order once it is made.<\/p>\n\n\n\n 4. MADE-TO-MEASURE\nGOODS<\/strong><\/p>\n\n\n\n 4.1 We make the Goods according to the measurements\nyou provide Us unless We have carried out a site survey for the Goods on Your\nbehalf. You can find information and tips on how to measure in Our brochure or\non Our website, or by contacting Us.<\/p>\n\n\n\n 4.2 Please make sure your measurements are correct\nand accurate. Unfortunately, We cannot accept the return of made-to-measure\nGoods if the reason for the return is because you provided Us with incorrect\nmeasurements. However, this will not affect your legal rights as a consumer in\nrelation to made-to-measure Goods that are faulty or not as described. Advice\nabout your legal rights is available at your local Citizen\u2019s Advice Bureau or\nTrading Standards office.<\/p>\n\n\n\n 5. DELIVERY OF\nGOODS<\/strong><\/p>\n\n\n\n 5.1 Please note that timescales for delivery and\ndelivery charges will vary depending on the availability of the Goods and your\naddress.<\/p>\n\n\n\n 5.2 We will contact you with an estimated delivery\ndate. Occasionally Our delivery to you may be affected by an Event Outside Our\nControl. See clause 13 for Our responsibilities when this happens.<\/p>\n\n\n\n 5.3 If you have asked to collect the Goods from Our\npremises, you can collect the Goods from Us at any time during Our working\nhours on weekdays. Collection must be made within 10 working days of Us\nnotifying you that the goods are available. We may charge storage for goods\nthat are not collected within this period.<\/p>\n\n\n\n 5.4 Delivery of an Order shall be completed when We\ndeliver the Goods to the address you gave Us or you collect them from Us.<\/p>\n\n\n\n 5.5 If no one is available at your address to take\ndelivery, We will leave you a note that the Goods have been returned to Our\npremises, in which case, please contact us to rearrange delivery which will\nincur a repeat delivery cost.<\/p>\n\n\n\n 5.6 If We are not able to deliver the whole of the\nOrder at one time due to operational reasons or shortage of stock, We will\ndeliver the Order in instalments. We will not charge you extra delivery costs\nfor this. However, if you ask Us to deliver the Order in instalments, We may\ncharge you extra delivery costs. Each instalment shall constitute a separate\ncontract governed by these Terms. If We are late delivering an instalment or\none instalment is faulty, that will not entitle you to cancel any other\ninstalment.<\/p>\n\n\n\n 5.7 The Goods will be your responsibility from the\ncompletion of delivery or from when you collect the Goods from Us.<\/p>\n\n\n\n >5.8 You own the Goods once We have received\npayment in full.<\/p>\n\n\n\n 6. IF THE GOODS ARE\nFAULTY<\/strong><\/p>\n\n\n\n 6.1 In the case of Supply Only orders you must tell\nUs about any loss or damage giving rise to a claim within 7 days of the date of\ndelivery and confirm it to Us in writing within 21 days. If you do not do this\nWe will not be liable for any loss or damage unless you prove that:<\/p>\n\n\n\n If a claim is made for damage or loss of part of a\nConsignment, the person making the claim must make sure that we can inspect the\ngoods and their packaging if we so wish. We will not make any payment to you\nfor damage or loss unless the goods and their packaging are made available to\nUs for inspection for a reasonable period after your claim has been made. We\nmay also request further evidence such as photographs.<\/p>\n\n\n\n 6.2 As a consumer, you have legal rights in\nrelation to Goods that are faulty or not as described. Advice about your legal\nrights is available from your local Citizens\u2019 Advice Bureau or Trading\nStandards office. Nothing in these Terms will affect these legal rights.<\/p>\n\n\n\n 7. THIRD-PARTY\nMANUFACTURER\u2019S GUARANTEE OF GOODS<\/strong><\/p>\n\n\n\n 7.1 The Goods come with a manufacturer\u2019s guarantee.\nFor details, please refer to the manufacturer\u2019s guarantee provided with the\nGoods.<\/p>\n\n\n\n 7.2 This guarantee is in addition to your legal\nrights in relation to the Goods that are faulty or not as described. Advice\nabout your legal rights is available from your local Citizens\u2019 Advice Bureau or\nTrading Standards office.<\/p>\n\n\n\n 8. SELLERS\nGUARANTEE OF SERVICES<\/strong><\/p>\n\n\n\n 8.1 We guarantee for a period of one year from\ndelivery, we will repair and \/or fix any defects in the Services provided\nsubject to you complying with clause 10.1. If you ask us to attend and there is\nno defect, or the defect is not attributable to defective services by Us, we\nmay charge you Our standard current maintenance fees.<\/p>\n\n\n\n 9. PROVIDING\nSERVICES<\/strong><\/p>\n\n\n\n 9.1 We will supply the Services to you on the date\nset out in the Order.<\/p>\n\n\n\n 9.2 We will make every effort to complete the\nServices on time. However, there may be delays due to an Event Outside Our\nControl. See clause 13 for Our responsibilities when an Event Outside Our\nControl happens.<\/p>\n\n\n\n 9.3 We will need certain information from you that\nis necessary for Us to provide the Services, for example, width and height\nmeasurements of the proposed opening. We will contact you about this. If you do\nnot, after being asked by Us, provide Us with this information, or you provide\nUs with incomplete or incorrect information, We may make an additional charge\nof a reasonable sum to cover any extra work that is required. We will not be\nliable for any delay or non-performance where you have not provided this\ninformation to Us after We have asked. If we suspend the Services under this\nclause 9.3, you do not have to pay for the Services while they are suspended,\nbut this does not affect your obligation to pay for any invoices We have\nalready sent you. You agree that should the schedule of work be aborted or\nextended because of a delay or obstruction to the Services caused by you, We\nmay choose to apply an abort fee; this fee would be 50% of the original Service\ncharge in your Order, including VAT.<\/p>\n\n\n\n 9.4 We may have to suspend the Services if We have\nto deal with technical problems, or to make improvements agreed between you and\nUs in writing to the Services. We will contact you to let you know in advance\nwhere this occurs, unless the problem is urgent or an emergency. You do not\nhave to pay for the Services while they are suspended under this clause 9.4 but\nthis does not affect your obligation to pay for any invoices We have already\nsent you.<\/p>\n\n\n\n 9.5 If you do not pay Us for the Services when you\nare supposed to as set out in clause 11.4, We may suspend the Services with\nimmediate effect until you have paid Us the outstanding amounts (except where\nyou dispute an invoice under clause 11.6). We will contact you to tell you\nthis. This does not affect Our right to charge you interest under clause 11.5.<\/p>\n\n\n\n 10. IF THERE IS A\nPROBLEM WITH THE SERVICES<\/strong><\/p>\n\n\n\n 10.1 In the unlikely event that there is any defect\nwith the Services:<\/p>\n\n\n\n 10.2 As a consumer, you have legal rights in\nrelation to Services not carried out with reasonable skill and care, or if the\nmaterials We use are faulty or not as described. Advice about your legal rights\nis available from your local Citizens\u2019 Advice Bureau or Trading Standards\noffice. Nothing in these Terms will affect these legal rights.<\/p>\n\n\n\n 11. PRICE AND\nPAYMENT<\/strong><\/p>\n\n\n\n 11.1 The price of the Goods and\/or the Services\nwill be set out in Our price list in force at the time We confirm your Order.\nOur prices may change at any time, but price changes will not affect Orders\nthat We have confirmed with you.<\/p>\n\n\n\n 11.2 These prices include VAT. However, if the rate\nof VAT changes between the date of the Order and the date of delivery or\nperformance, We will adjust the rate of VAT that you pay, unless you have\nalready paid for the Goods and\/or Services in full before the change in the\nrate of VAT takes effect.<\/p>\n\n\n\n 11.3 The prices for the Goods exclude delivery\ncosts, which will be added to the total amount due.<\/p>\n\n\n\n 11.4 You must make payment for Goods and\/or\nServices in advance by bank transfer unless otherwise agreed. We accept payment\nwith Visa, Mastercard or Amex. Your rights to a refund on cancellation are set\nout in clause 14. The goods remain the property of Awnings and Canopies unless\nbeen paid for in full.<\/p>\n\n\n\n 11.5 If you do not make any payment due to Us by\nthe due date for payment, We may charge interest to you on the overdue amount\nat the rate of 3% a year above the base lending rate of Barclays Bank from time\nto time. This interest shall accrue on a daily basis from the due date until\nthe date of actual payment of the overdue amount, whether before or after\njudgment. You must pay Us interest together with any overdue amount.<\/p>\n\n\n\n 11.6 However, if you dispute an invoice in good\nfaith and contact Us to let Us know promptly after you have received an invoice\nthat you dispute it, clause 11.5 will not apply for the period of the dispute.<\/p>\n\n\n\n 12. OUR LIABILITY\nTO YOU<\/strong><\/p>\n\n\n\n 12.1 If We fail to comply with these Terms, We are\nresponsible for loss or damage you suffer that is a foreseeable result of Our\nbreach of the Terms or Our negligence, but We are not responsible for any loss\nor damage that is not foreseeable. Loss or damage is foreseeable if they were\nan obvious consequence of our breach or if they were contemplated by you and Us\nat the time we entered into this contract.<\/p>\n\n\n\n 12.2 If We are installing the Goods and\/or\nproviding Services in your property, We will make good any damage to your\nproperty caused by Us in the course of installation or performance. However, We\nare not responsible for the cost of repairing any pre- existing faults or\ndamage to your property that We discover in the course of installation and\/or\nperformance by Us. We are not responsible for the failure of any masonry or\nrendered surfaces by cracking or collapsing while drilling or fixing.<\/p>\n\n\n\n 12.3 We do not exclude or limit in any way Our\nliability for:<\/p>\n\n\n\n 13. EVENTS OUTSIDE\nOUR CONTROL<\/strong><\/p>\n\n\n\n 13.1 We will not be liable or responsible for any\nfailure to perform, or delay in performance of, any of Our obligations under\nthese Terms that is caused by an Event Outside Our Control.<\/p>\n\n\n\n 13.2 An Event Outside Our Control means any act or\nevent beyond Our reasonable control, including without limitation strikes,\nlock-outs or other industrial action by third parties, civil commotion, riot,\ninvasion, terrorist attack or threat of terrorist attack, war (whether declared\nor not) or threat or preparation for war, fire, explosion, storm, flood,\nearthquake, subsidence, epidemic or other natural disaster, or failure of\npublic or private telecommunications networks.<\/p>\n\n\n\n 13.3 If an Event Outside Our Control takes place\nthat affects the performance of Our obligations under these Terms:<\/p>\n\n\n\n 13.4 You may cancel the contract if an Event\nOutside Our Control takes place and you no longer wish Us to provide the Goods\nand\/or Services. Please see your cancellation rights under clause 14. We will\nonly cancel the contract if the Event Outside Our Control continues for longer\nthan four weeks in accordance with Our cancellation rights in clause 14.<\/p>\n\n\n\n 14. YOUR RIGHTS TO\nCANCEL AND APPLICABLE REFUND<\/strong><\/p>\n\n\n\n 14.1 Before We begin to provide the Services or the\nGoods are delivered, and provided you are a consumer not in the course of a\nbusiness you have the following right to cancel an Order for Goods (other than\nmade-to-measure Goods) and\/or Services, including where you choose to cancel\nbecause We are affected by an Event Outside Our Control or We change these\nTerms under clause 3.1 to your material disadvantage:<\/p>\n\n\n\n This does not affect your statutory rights and you\ncan obtain advice from your local Citizens Advice Bureau or Trading Standards\nOffice.<\/p>\n\n\n\n 14.2 Unfortunately, as the made-to-measure Goods\nare made to your requirements, you will not be able to cancel your Order once\nmade (but this will not affect your legal rights as a consumer in relation to\nmade-to-measure Goods that are faulty or not as described).<\/p>\n\n\n\n 14.3 If you have placed an Order with us during the\ncourse of your business you may cancel the Order within 48 hours of placing the\nOrder provided we have not commenced the Services and\/or delivery of the Goods.<\/p>\n\n\n\n 14.4 You may also cancel the Order because We are\naffected by an Event Outside Our Control or We change these Terms under Clause\n3.1 to your material disadvantage.<\/p>\n\n\n\n 14.5 Any cancellation under Clauses 14.3 and 14.4\ncan be done by contacting Us and we will confirm the cancellation in writing to\nyou.<\/p>\n\n\n\n 15. OUR RIGHTS TO\nCANCEL AND APPLICABLE REFUND<\/strong><\/p>\n\n\n\n 15.1 If We have to cancel an Order for Goods\n(including made-to-measure Goods) and\/or Services before the Services start or\nthe Goods are delivered:<\/p>\n\n\n\n 15.2 We may cancel the contract for Services at any\ntime with immediate effect by giving you written notice if:<\/p>\n\n\n\n 16. INFORMATION\nABOUT US AND HOW TO CONTACT US<\/strong><\/p>\n\n\n\n 16.1 We are a partnership registered in England and\nWales and Our registered office is 13 Harbury Road, Henleaze Business Centre,\nBristol BS9 4PN. Our registered VAT number is 246721405<\/p>\n\n\n\n 6.2 If you have any questions or if you have any\ncomplaints, please contact Us. You can contact Us by telephoning Our customer\nservice team at 07546 343499 or by e-mailing Us at info@awningsandcanopies.co.uk<\/p>\n\n\n\n 16.3 If you wish to contact Us in writing, or if\nany clause in these Terms requires you to give Us notice in writing (for\nexample, to cancel the contract), you can send this to Us by e-mail, by hand,\nor by pre-paid post to Awnings and Canopies, 13 Harbury Road, Henleaze Business\nCentre, Bristol BS9 4PN. We will confirm receipt of this by contacting you in\nwriting. If We have to contact you or give you notice in writing, We will do so\nby e-mail, by hand, or by pre-paid post to the address you provide to Us in the\nOrder.<\/p>\n\n\n\n 17. HOW WE MAY USE\nYOUR PERSONAL INFORMATION<\/strong><\/p>\n\n\n\n 17.1 We will use the personal information you\nprovide to Us to:<\/p>\n\n\n\n 17.2 You agree that We may pass your personal\ninformation to credit reference agencies and that they may keep a record of any\nsearch that they do.<\/p>\n\n\n\n 17.3 We will not give your personal data to any\nother third party.<\/p>\n\n\n\n 18. OTHER IMPORTANT\nTERMS<\/strong><\/p>\n\n\n\n 18.1 We may transfer Our rights and obligations\nunder these Terms to another organisation, and We will always notify you in\nwriting if this happens, but this will not affect your rights or Our\nobligations under these Terms.<\/p>\n\n\n\n 18.2 You may transfer the benefit of the guarantee\nin clause 7.1 to any purchaser of your property. You may only transfer your\nother rights or your obligations under these Terms to another person if We\nagree in writing.<\/p>\n\n\n\n 18.3 This contract is between you and Us. No other\nperson shall have any rights to enforce any of its terms. However, the\npurchaser of your property will have the benefit of the guarantee at clause 7.1\nif you transfer it to them, but We and you will not need their consent to\ncancel or make any changes to these Terms.<\/p>\n\n\n\n 18.4 Each of the paragraphs of these Terms operates\nseparately. If any court or relevant authority decides that any of them are\nunlawful, the remaining paragraphs will remain in full force and effect.<\/p>\n\n\n\n 18.5 If We fail to insist that you perform any of\nyour obligations under these Terms, or if We do not enforce Our rights against\nyou, or if We delay in doing so, that will not mean that We have waived Our\nrights against you and will not mean that you do not have to comply with those\nobligations. If We do waive a default by you, We will only do so in writing,\nand that will not mean that We will automatically waive any later default by\nyou.<\/p>\n\n\n\n 18.6 These Terms are governed by English law. You\nand We both agree to submit to the non-exclusive jurisdiction of the English\ncourts. However, if you are a resident of Northern Ireland you may also bring\nproceedings in Northern Ireland, and if you are a resident of Scotland, you may\nalso bring proceedings in Scotland.<\/p>\n","protected":false},"excerpt":{"rendered":" Terms and Conditions Awnings and Canopies (A & C) Terms and Conditions for the provision of Goods and Services. 1. DEFINITIONS 1.1 When the following words with capital letters are used in these Terms, this is what they will mean: (a)Events Outside Our Control: is defined in clause 13.2; (b)Goods: the goods that We are selling to you as set out in the Order; (c) Order: your order… <\/p>\n