1.1 When the following words are used in these Terms, this is what they will mean:
Force Majeure Event: is defined in clause 11.2;
Order: your order for the Products;
Products: the products that we Tuff X Processed Glass Ltd are selling to you as set out in the Order;
Terms: the terms and conditions set out in this document;
Services: any services that we perform for you in relation to our Products, installation for example;
we/our/us: Tuff X Processed Glass Ltd. (registered in England and Wales with company number 05997979) whose registered office is at Nexus House, Randles Road, Knowsley Business Park, Knowsley, Merseyside L34 9HX. Our registered VAT number is 904407841.
you/your/the buyer: the person, company or legal entity on whose behalf the order is placed
production date: the date the products have passed final quality control checks and are signed off as ready to dispatch
1.2 When we use the words ‘writing” or “written” in these Terms, this will include email unless we say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which we supply Products and Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details of the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or they require any changes, please contact us to discuss.
2.3 When you submit the Order to us, this does not mean we have accepted your order for Products. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Products and/or Services, we will inform you of this and we will not process the Order.
2.4 These Terms will become binding on you and us when we email you to accept your Order or, if earlier, when we begin making the Products in your Order, at which point a contract will come into existence between you and us.
2.5 We will assign you 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.
2.6 If any of these Terms conflict with any term of the Order, these Terms will take priority. These Terms may only be varied in writing by one of our directors.
2.7 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
3. Changes to Order or Terms
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how we accept payment from you; or
3.1.2 changes in relevant laws and regulatory requirements; or
3.1.3 changes in relation to goods and services provided
3.2 You may make a change to the Order for Products or Services within 48 hours of placing that Order by contacting us provided that we have not yet begun making the Products or providing the Services, subject to clause 13 below. We will let you know if the change is possible. Where it is possible we will let you know about any change in the total price of the Products, 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 can choose to cancel the Order in accordance with clause 12.1 in these circumstances.
3.3 We shall not be liable in respect of any descriptions, images, specification weight, illustrations, samples, drawings or dimensions or other matters in relation to the products contained or referred to in any materials including, but not limited to, any website, forwarding specifications, drawings, price lists, catalogues, trade publications and advertising materials other than in the order itself. Whilst we have made every effort to display any colour accurately, we cannot guarantee that printed pictures accurately reflect the colour of the products. Products supplied under the order may vary slightly from those images. Such images are for illustrative purposes only and shall not form part of the order or have any contractual force.
4. Made to Measure Goods
4.1 Where the order provides that we are to manufacture and supply products in accordance with your specifications, it shall be the sole responsibility of you the buyer to provide us with sufficient, complete and accurate information and drawings as are required to enable us to perform the order.
4.2 We cannot accept the return of made to measure goods if the reason for the return is that you the buyer provided incorrect measurements.
4.3 We shall not be liable for any defect in goods arising from us following your specifications or arising out of any failure of you providing such information and/or drawings whether in whole or part.
4.4 If we provide services by designing the products for you, we will own the copyright, design right and all other intellectual property rights in the goods and any drafts, drawings or illustrations that we make in connection to the products for you.
4.5 This clause will not affect your legal rights as a consumer in relation to made-to-measure goods
that are faulty or not as described. Advice about the legal rights of consumers is available from a local Citizens Advice Bureau or Trading Standards office.
5. Delivery of goods
5.1 Please note that timescales for delivery and delivery charges will vary depending on the location of the delivery address. Please allow for extra time for deliveries to Devon and Cornwall, the Scotland and Islands, or to addresses outside the UK. Our delivery charges can be found on our website.
5.2 Within 5 days of production date, we will contact you to agree a delivery and installation date. Occasionally our delivery to you may be affected by a Force Majeure Event See clause 11 for our responsibilities when this happens.
5.3 We will begin providing the Services on the delivery date agreed with you. You acknowledge that you will lose your right to change your mind and cancel the contract for the Services once the Services have been fully performed.
5.4 If you have asked to collect the Products from our premises, you can collect the Products from us at any time during our working hours of 8:00 am – 5:00 pm on weekdays only.
5.5 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us or, if you have ordered both Products and Services, when we complete the installation of the Products.
5.6 If no one is available at your address to take delivery of the Products on the agreed delivery date, you will receive a phone call or email to advise you that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. We are entitled to charge you for re-delivery when we cannot deliver on the agreed delivery date.
5.7 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
5.8 If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
5.9 If you amend your agreed delivery date within 7 days of the agreed delivery date, we are entitled to charge you a fee for storage of the goods. This is normally £100 per week, but may vary depending on the size of the Product. We will inform you of any variations to the storage charge in writing.
5.10 Unless you are a consumer exercising your right to cancel under clause 12.2, if you cancel a build on site within 10 working days of the agreed instalment date, you will be charged for the original build and delivery costs. You will then need to arrange and be charged for a new build and delivery costs.
5.11 If you are a business and we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. If you are a consumer, we may contact you to seek your agreement to deliver the Products to you in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment. The Products will be your responsibility from the completion of delivery.
5.12 You own the Products on the later of the date we receive payment in full, or the date of delivery of the products
5.13 It will be your sole responsibility to make all necessary and appropriate arrangements, and pay all necessary costs, for the Goods to be removed from the delivery vehicle, including, but not limited to, where appropriate hiring any lifting equipment and closing the highway. Once removed from the delivery vehicle the goods will be the sole responsibility and risk of you the buyer.
5.14 Upon delivery you the customer shall be responsible for examining the goods before signing for them. The buyer shall not be entitled to reject or return goods or to make any claim in respect of the goods if the buyer has previously signed for them.
6. If the Products are faulty
As a consumer, you have legal rights in relation to Products that are faulty or not as described. We are under a legal duty to supply products 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
7. Our guarantee of Products
7.1 We guarantee that on delivery and for a specified period after delivery, the Products shall be free from material defects. The guarantee period depends on the Products concerned; please see our guarantee information on our website www.glow-glass.co.uk for details. This guarantee does not apply in the circumstances described in clause 7.2.
7.2 This guarantee does not apply to any defect in the Products arising from:
7.2.1 fair wear and tear;
7.2.2 faulty installation of the Products by you or a third party;
7.2.3 wilful damage, abnormal storage or working conditions, accident, or negligence by you or by a third party;
7.2.4 if you fail to use the Products in accordance with the user/maintenance instructions; and
7.2.5 any alteration or repair by you or by a third party.
7.3 If you make a claim under this guarantee, you may need to purchase a replacement Product while the Product in question is returned to us for examination. If it is found that the returned Product is faulty, you will be refunded the cost of the replacement Product.
7.4 This guarantee is in addition to your legal rights in relation to the Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.5 Any alteration or modification to our Product will void any warranty on the Product.
7.6 We will repair or replace faulty Products to the value no greater than the original cost.
7.7 Our Warranty is held by the original purchaser and is not transferable if property is to change hands
8. Price and payment
8.1 The price of the Products will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Products and Services is correct.
8.2 The prices for the Products and Services include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Products and Services in full before the change in the rate of VAT takes effect.
8.3 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
8.4 The prices for the Products exclude delivery costs, which will be added to the total amount due.
8.5 You must make payment for Products and Services in advance by credit or debit card. We also accept payment via BACS (account details on request).
8.6 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 National Westminster Bank plc 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.
8.7 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, clause 8.6 will not apply for the period of the dispute.
9. Our liability to you If you are a consumer
9.1 This clause 9 only applies if you are a consumer.
9.2 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. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
9.3 If we are installing the Products in your property, we will make good any damage to your property caused by us in 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 in the course of installation and/or performance by us.
89.4 We only supply the Products for domestic and private use. You agree not to use the Products 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.
9.5 We do not exclude or limit in any way our liability for:
9.5.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
9.5.2 fraud or fraudulent misrepresentation;
9.5.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
9.5.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (sale by description, satisfactory quality, fitness for purpose and samples); and
9.5.5 defective products under the Consumer Protection Act 1987.
9.6 We shall not be held responsible or liable for any costs incurred for replacing any products we have supplied. This includes any equipment needed in the process to replace the product.
10. Our liability if you are a business
10.1 This clause 10 only applies if you are a business.
10.2 Nothing in these Terms limits or excludes our liability for:
10.2.1 death or personal injury caused by our negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession): or
10.2.4 defective products under the Consumer Protection Act 1987.
10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract between us for:
10.3.1 any loss of profits, sales, business, or revenue;
10.3.2 loss or corruption of data, information or software;
10.3.3 loss of business opportunity;
10.3.4 loss of anticipated savings:
10.3.5 loss as loss of goodwill; or
10.3.6 any indirect or consequential loss.
10.4 Subject to clause 10.2 and clause 10.3, our total liability to you in respect of all other losses arising under or in connection with the contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
10.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10.6 We shall not be held responsible or liable for any costs incurred for replacing products we have supplied. This includes any equipment needed in the process to replace the product
11. Force Majeure Event
11.1 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 a Force Majeure Event.
11.2 A Force Majeure Event 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.
11.3 If Force Majeure Event takes place that affects the performance of our obligations under these Terms:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
11.4 You may cancel the contract if a Force Majeure Event takes place and you no longer wish us to provide the Products and receive a refund for Products and/or Services you have paid for but not received. We may cancel the contract if a Force Majeure Event continues for longer than 2 weeks in accordance with our cancellation rights in clause 13.
12. Your rights to cancel and applicable refund
12.1 This clause 12 only applies if you are a consumer.
12.2 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.
12.3 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
12.4 You do not have a right to change your mind in respect of:
12.4.1 services, once these have been completed, even if the cancellation period is still running; and
12.4.2 any bespoke Products that that are made to your specifications or are clearly personalized. In this case, if you change your mind, you may cancel any Order for bespoke Products within two working days of placing an Order by contacting us. We will confirm your cancellation in writing to you. For the purposes of this clause, a working day is a weekday which is not a public holiday in England. If you cancel an Order under this clause 12.4.2 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you. If you change your mind after two working days of placing an Order and the Products are part ready, we may charge you a cancellation fee dependent on the stage of your order. This is at the discretion of the management.
12.5 If you have bought Products online from us, then you have a right to change your mind within 14 days after the day you receive delivery of the Products and receive a refund. If you have bought both Products and Services online from us, you still have the right to reject the Product within 14 days after the day you receive delivery of the Products, but once we have completed the Services you cannot change your mind in relation to those Services, even if the cooling-off period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
12.6 To end the contract with us, please let us know by doing one of the following:
12.6.1 Call customer services on 0345 3400 200 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
12.7 If you end the contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to us at Nexus House, Randles Road, Knowsley Business Park, Knowsley, Merseyside L34 9HX or allow us to collect them from you. Please call customer services on 0345 3400 or email us at email@example.com to arrange collection. If you are 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.
12.8 We will pay the costs of return:
12.8.1 if the Products are faulty or misdescribed;
12.8.2 if you are ending the contract because we have told you of an upcoming change to the Product or these terms, 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
12.9 If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
12.10 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
12.11 If you are exercising your right to change your mind:
12.11.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, 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 Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
12.11.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
12.12 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
12.12.1 If we have not offered to collect the Products, 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 12.7.
12.12.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
13. Our rights to cancel and applicable refund
13.1 We may have to cancel an Order before the Products are delivered, due to a Force Majeure Event or the unavailability of materials. We will contact you promptly if this happens.
13.2 If we have to cancel an Order under clause 13.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.
14. How to contact us
14.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 0345 3400200 or by e-mailing us at firstname.lastname@example.org
14.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to Tuff X Processed Glass Ltd, Nexus House, Randles Road, Knowsley Business Park, Knowsley, Merseyside L34 9HX. 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.
14.3 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. How we may use your personal information
15.1 We will use the personal information you provide to us to:
15.1.1 provide the Products;
15.1.2 process your payment for such Products; and
15.1.3 if you agreed to this during the order process, inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
15.2 If you are a business, you agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
15.3 Subject to clause 16.2, we will not give your personal data to any third party.
16. Other important terms
16.1 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.
16.2 You may only transfer your other rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 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.
16.5 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.
16.6 If you are a consumer, 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.
16.7 If you are a business, these Terms are governed by English law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We and you both agree to the exclusive jurisdiction of the courts of England and Wales.
16.8 We will not file a copy of the contract between us.
17.1 The formation of condensation on the inner skin or between each glazing skin of a rooflight is dependent on numerous environmental conditions such as humidity, internal and external ambient temperature and /or natural mechanical air movement. Condensation will occur where a surface at a lower temperature than the surrounding air interfaces with high humidity conditions. Condensation will therefore be worse during the winter months where temperatures drop and air humidity through rainfall substantially increases.
17.2 If the humidity if the air at source (i.e. inside the building) cannot be reduced or removed by addressing the moisture producing events, then the risk of condensation forming on/in the unit will increase substantially.
17.3 The formation of condensation may therefore form with there being no design fault whatsoever in the rooflight and/or the moisture developing activity decreases.
17.4 We do not give any guarantee on the non-occurrence of condensation on any of its products.
18. Handling and Maintenance of Self Cleaning Glass
18.1 Self cleaning glass has been specially designed to remain cleaner for longer than conventional glass and is not a 100% maintenance free product. The coating is totally integrated into the surface of the glass and is highly durable. However, as with all coated glass a certain level of care must be exercised when handling and maintaining self cleaning glass. Please refer to the self cleaning maintenance instructions provided by Tuff X Processed Glass Ltd as failure to adhere to these instructions will affect the warranty of the rooflight.