Glass & Stainless (UK) Ltd terms and conditions for online sales
1: These terms
1.1 What these terms cover. These are the terms and conditions on which we, Glass & Stainless (UK) Ltd, will supply to you the products and services you are ordering through our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end this 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.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1 you are an individual; and
1.3.2 you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 Provisions specific to consumers only are in RED and those specific to businesses only are in BLUE.
2: Information about us and how to contact us
2.1 Who we are. We are Glass & Stainless (UK) Ltd, a company registered in England and Wales. Our company registration number is 10062587 and our registered office is at 6th Floor, Blackfriars House, The Parsonage, Manchester, M3 2JA. Our registered VAT number is 165 1795 86.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01260 281748 or by writing to us at email@example.com or 3 Martins Court, West Street, Congleton, Cheshire, CW12 1JR.
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 have provided to us.
3: Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it (the “Commencement Date”), at which point a contract will come into existence between you and us.
3.2 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 happen 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.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4: Our products
4.1 The products. If we are producing a specification for the products, or you are providing us with a specification for the products, the agreed specification will be attached to our email to you confirming acceptance of your order.
4.2 Our warranty. We warrant that at the date of delivery the products shall:
4.2.1 conform in all material respects with any specification for the products, including any relevant plans and drawings, that are agreed in writing by you and us;
4.2.2 be free from material defects in design, material and workmanship;
4.2.3 be fit for any purpose held out by us; and
4.2.4 meet the applicable British Safety Standards.
4.3 The images on our website and in our brochures are for illustrative purposes only. Bespoke products will be made to your requirements and may differ from those images.
4.4 Making sure your measurements are accurate. We may be making the products to measurements you have given us and you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
4.5 Goods made by reference to a template: Where you order the products by reference to a template you are responsible for providing us with the template. We accept no liability for the accuracy of the template and makes no warranties regarding its suitability or fitness for any purpose. We will not use the template for any purpose other than the supply of the products in accordance with these terms and conditions. We reserve the right to retain (or destroy) the template once the products have been supplied to you in accordance with these terms and conditions.
5: Providing the Products
5.1 Delivery costs. The costs of delivery will be provided in our written quotation and will be agreed with you before we accept your order.
5.2 When we will provide the products. During the order process we will let you know when we will provide our products to you. If the products are being delivered to your home, you must ensure that you or someone you know is available to assist with the unloading of the products. If you or someone you know is unable to assist with the unloading of the products on delivery to your home you must advise us at the point of placing your order as additional handling charges may apply
5.3 Collection by you. If you have asked to collect the products from our premises, you can contact us and can collect them from us at an agreed time during our working hours of 9am to 5pm on weekdays (excluding public holidays).
5.4 If you are not at home when the product is delivered. If you have asked us to deliver our products to your home and no one is available at your address to take delivery, we will contact you to inform you of how to rearrange delivery.
5.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you (including in circumstances where you or someone you know is not available to assist with the delivery of the products, you have not informed us of this at the point of placing your order and we are unable to deliver the products), you do not re-arrange delivery we will contact you for further instructions and may charge you for all related costs and expenses (including insurance) and any failed delivery fees charged to Glass & Stainless UK by its courier. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
5.6 When you become responsible for our products. You will be responsible for the product(s) from the time we deliver the product(s) to the address you gave us or you or a carrier organised by you collects it from us.
5.7 When you own the products. You own the products once we have received payment in full.
5.8 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 the environment in which our products will be installed. 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 this contract (and clause 9.2 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.
IF YOU ARE A CONSUMER CLAUSES 5.9 TO 5.12 ALSO APPLY:
5. 9Your legal rights if you are a consumer and we deliver goods late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat this contract as at an end straight away if any of the following apply:
5.9.1 we have refused to deliver the products;
5.9.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.9.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
5.10 Setting a new deadline for delivery if you are a consumer. If you do not wish to treat this contract as at an end straight away, or do not have the right to do so under clause 5.10, you can give us a new deadline for delivery, which must be reasonable, and you can treat this contract as at an end if we do not meet the new deadline.
5.10 Ending this contract for late delivery if you are a consumer. If you do choose to treat this contract as at an end for late delivery under clause 5.9 or clause 5.10, you can cancel your order for any of the products or reject any products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01260 281748 or email us at firstname.lastname@example.org for a return label or to arrange collection in these circumstances.
5.11 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 this contract and receive a refund for any products or services you have paid for but not received.
6: Your rights to make changes
6.1 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 have a right under clause 7 below to end the contract.
7: Your rights to end this contract
7.1 Ending this contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 7.1.1 to 7.1.3 below, this contract will end immediately and we will refund you in full for any products or services which have not been provided and you may also be entitled to compensation. The reasons are:
7.1.1 we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
7.1.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
7.1.3 you have a legal right to end this contract because of something we have done wrong (including because we have delivered late – see clause 0); or
7.1.4 we have told you about an upcoming change to the product or these terms which you do not agree to.
IF YOU ARE A CONSUMER CLAUSES 7.2 TO 7.5 ALSO APPLY:
7.2 Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.3 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
7.3.1 products that are made to your specifications or are clearly personalised (such as bespoke glass);
7.3.2 any products which become mixed inseparably with other items after their delivery.
7.4 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
7.4.1 Have you bought goods (for example, standard stainless steel products)? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, 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. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, 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.
8: How to end this contract with us
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Phone or email. Call customer services 01260 281748 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. You can complete and send us by email the model cancellation form set out at the end of these terms if you would like to.
8.1.2 By post. You can write to us at 3 Martins Court, West Street, Congleton, Cheshire, CW12 1JR, including details of what you have ordered, when you ordered or received it and your name and address. You can complete and send us by post the model cancellation form set out at the end of these terms if you would like to.
8.2 Returning the products after ending this contract. If you end this contract for any reason after the products have been dispatched to you or you have received them, you must allow us to collect them from you. Please call customer services on 01260 281748 or email us at firstname.lastname@example.org to arrange collection in these circumstances. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the products are faulty or misdescribed; or
8.3.2 if you are ending this contract because we have told you of 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.
8.3.2 In all other circumstances you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the products from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products including delivery costs by the method you used for payment.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible.
IF YOU ARE A CONSUMER CLAUSES 8.7 TO 8.8 ALSO APPLY:
8.7 If you are a consumer exercising your right to change your mind then:
8.7.1 if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2 ; and
8.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8.8 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
8.8.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.8.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 to 5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.8.3 Where we are providing a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9: Our rights to end this contract
9.1 We may end this contract if you break it. We may end this contract for at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
9.1.2 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 (as mentioned in clause 5.9);
9.1.3 you do not, within a reasonable time, allow us to deliver the products to you; or
9.2 You must compensate us if you break this contract. If we end this contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for the products and services 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 this contract.
10: If there is a problem with the products
10.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can telephone our customer service team on 01260 281748 or write to us at email@example.com or 3 Martins Court, West Street, Congleton, Cheshire, CW12 1JR. Please ensure that you have fully inspected the products on delivery and have signed highlighting any damage when the order is delivered.
IF YOU ARE A CONSUMER CLAUSES 10.2 TO 10.3 ALSO APPLY
10.2 Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products and the services. 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.
In relation to the products provided by us, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the products your legal rights entitle you to the following:
- Up to 30 days after delivery: if your goods are faulty, then you can get an immediate refund.
- Up to 6 months after delivery: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to 6 years after delivery: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject the products you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01260 281748 or email us at firstname.lastname@example.org to arrange collection in these circumstances.
IF YOU ARE A BUSINESS CUSTOMER CLAUSES 10.4 TO 10.7 ALSO APPLY:
10.4 Subject to clause 10.5, if:
10.4.1 you give us notice in writing to us promptly after delivery that a product does not comply with the warranty set out in clause 4.2;
10.4.2 we are given a reasonable opportunity of examining such product; and we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
10.5 We will not be liable for a product’s failure to comply with the warranty in clause 4.2 if:
10.5.1 you make any further use of such product after giving a notice in accordance with clause 10.4.1;
10.5.2 where no services are being provided, the defect arises because you failed to follow our oral or written instructions as to the installation, use and maintenance of the product;
10.5.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
10.5.4 you alter or repair the product without our written consent; or
10.5.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
10.5.6 the products differ from their description of the specification (if any) as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.6 Our only liability to you if the products fail to comply with the warranties set out in clause 4.2 is as set out in clauses 10.4 and 10.5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract.
10.7 These terms shall apply to any repaired or replacement products supplied by us under clause 10.4.
11: Price and payment
11.1 Where to find the price for the products. The price of the products will be the price indicated on the order pages when you place your order.
11.2 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 products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay. We accept payment with all major credit and debit cards with the exception of American Express. We also accept payment by bank transfer, cheques and cash. When you must pay depends on what you are buying:
11.3.1 For the products, you must pay for the products before we dispatch them. We will charge your credit or debit card on the Commencement Date.
11.4 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 and we will not charge you interest until we have resolved the issue.
11.5 Changes to the products and/or specification. You acknowledge and agree that any changes requested by you to the products and/or specification following the Commencement Date may incur additional charges payable by you.
IF YOU ARE A CONSUMER CLAUSE 12 APPLIES:
12: Our responsibility for loss or damage suffered by you if you are a consumer
12.1 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 this contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 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 or for breach of your legal rights in relation to the products and services as summarised at clause 10.2 .
12.3 When we are liable for damage to your property. If we are providing the 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 whilst providing the services.
12.4 We are not liable for business losses. We only supply the products under these terms 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.
IF YOU ARE A BUSINESS CUSTOMER CLAUSE 13 APPLIES:
13: Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), for fraud or fraudulent misrepresentation or for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Subject to clause 13.1:
13.2.1 we shall not be liable to you, 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 any contract between us; and
13.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of the charges payable for the products and services ordered by you.
13.3 This clause 13 shall survive termination of the contract between you and us.
14: How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the products to you;
14.1.2 to process your payment for the products; and
14.1.3 to give you information about similar products and services that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15: Other important terms
15.1 We may subcontract our obligations to someone else. We may subcontract any of our obligations under the contract, but, for the avoidance of doubt, no subcontracting arrangement shall release us from any of our obligations to you under the contract. We will remain fully responsible to you for the proper and complete performance of the contract.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
15.3 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.
15.4 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 and the services, we can still require you to make the payment at a later date.
15.5 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 and services in the English courts.
IF YOU ARE A CONSUMER CLAUSE 15.6 ALSO APPLIES:
If you live in Scotland you can bring legal proceedings in respect of the products and services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products and services in either the Northern Irish or the English courts.
Model cancellation form