Terms and Conditions of sale of Products on-line
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.garagedoorco.co.uk (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please note references to a Consumer apply only if you are acting as an individual and not in the course of your trade, profession or business. References to a Business apply only when you are acting in the course of your trade, profession or business. All other terms apply equally in all circumstances.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
- www.garagedoorco.co.uk is a site operated by The Garage Door Company (Europe) Limited (we or us). We are registered in England and Wales under company number 05424538 and with our registered office at C/o Elliot Woolfe & Rose, Equity House, 128-136 High Street, Edgware, Middlesex HA8 7TT.
- Our main trading address is Unit 1, Phoenix Business Centre, Spur Road, Quarry Lane Industrial Estate, Chichester, West Sussex PO19 8PN.
- Our VAT number is GB 859 0300 29.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the Delivery Areas. We do not accept orders from individuals outside those areas. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Delivery Areas page.
Please review our Delivery Areas page before ordering Products from us.
3. YOUR STATUS
- By placing an order through our site, you warrant and confirm that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are resident in one of the Delivery Areas; and
- You are accessing our site from that area.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order.
Please note that this does not mean that your order has been accepted.
- Your order is an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm our acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation).
- The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
- The Contract will relate only to those Products we have confirmed as dispatched in the Dispatch Confirmation.
- We will not be obliged to supply any other Products which may have been part of your order until the dispatch of those Products has been confirmed in a separate Dispatch Confirmation.
5. OUR STATUS
- Please note that we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
- This DISCLAIMER does not affect your statutory rights against any third party.
- From time to time a third party may be involved in a transaction, and we may disclose your customer information related to that transaction to the third party. These third parties may include but are not limited to the garage door manufacturers or our installation sub contractors.
- Unfortunately, due to the bespoke nature of some of our Products you will not have any right to cancel a Contract for the supply of any Products which have been made to your specifications (Bespoke Products).
- If you are contracting as a Consumer, subject to this clause 6, you may cancel a Contract at any time within 7 (seven) working days (Cancellation Period).
- If the Contract is for Products only which are not Bespoke Products the Cancellation Period begins on the day after you receive the Products.
- If the Contract is for Products and installation the Cancellation Period begins on the day we accept your order unless we agree to provide the installation before the end of the Cancellation Period in which case you may cancel up until the day before the installation.
- If you want to cancel a Contract, you must:
- Inform us in writing; and
- return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk.
- You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- If you cancel the Contract in accordance with this clause 6 our Refunds Policy (set out in Clause 11) will apply.
- Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7. GARAGE DOOR AUTOMATION TRIAL AND ANNUAL SERVICE
Unfortunately, we are not able to provide a 30 day risk free garage door automation trial or annual service agreement to customers who are not located within a 15 mile radius of Chichester, West Sussex. Please contact us for more details.
- Because the Products are delivered direct from the manufacturers please note that the timeframe for delivery is only an estimate and the manufacturer will contact you prior to delivery to arrange a delivery time.
- We will endeavour to ensure your order is filled within the timeframe set out in the Dispatch Confirmation or, if no timeframe is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
9. INSTALLATION - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- Where we are providing installation of the Product the following clause 9 shall apply.
Please ensure that you read this carefully as you must comply fully with the requirements.
- Because the installation of your Product may be provided by our sub-contractors we cannot ensure that installation will occur on the same day as delivery.
- You must clear any obstructions from your garage and the surrounding area to provide adequate access & working area before installation can take place. If the working area is not clear then clearance charges of £25+ VAT per man hour will apply.
- A mains power supply must be available for works to be carried out and for the installation of any automatic operators. If this is not available at the time of installation, an abortive installation fee of £25+ VAT per man hour (including travelling time) will apply.
- All installations will be carried out during a single visit to the installation site, any return visits to complete works for reasons beyond our control but within your control will be charged at £25+ VAT per man hour (including travelling time).
- In new build garages please ensure ceiling joists are clearly marked where they have been covered and that the finished floor level is complete. Please also ensure all scaffold is removed from in front of the garage opening.
- If we have undertaken a survey for you, you must let us know if any alteration to the premises has occurred since the survey as this may result in a revised specification and estimate price.
- Our installers' health and safety is paramount so if any hazardous materials are identified on your property we reserve the right to cease work until such materials are removed or made safe.
- Our installers must be allowed access to the premises during normal working hours 9:00 to 17:00 Monday to Friday. If this does not suit your needs, please contact us and we shall endeavour to work to your requirements, however, this may be subject to an additional charge.
- In order to provide the best service to our customers throughout the UK, please note that we reserve the right to sub-contract any installation work to competent persons.
- We reserve the right to stop or postpone any external works due to unsuitable weather conditions.
- Where we are retro-fitting an automatic operator to your existing garage door it is your responsibility to ensure that the door is in good working order. If the door is not in good working order and we are unable to carry out an installation an abortive visit charge of £25+ VAT per man hour (including travelling time) will be made.
This clause does not apply if we have carried out a survey of your garage prior to installation.
- We will replace or repair any defects in materials or equipment, which are notified to the Company in accordance with the manufacturer's warranty from the date of the installation. This does not include batteries, bulbs or fuses.
10. RISK AND TITLE
- The Products will be at your risk from the time of delivery. This means that you will be responsible for any loss or damage to the products once they have been delivered to you.
- Ownership of the Products will only pass to you when we receive full payment of all sums due for of the Products, including any delivery or installation charges and additional costs incurred by us.
11. PRICE AND PAYMENT
- The price of any Products and installation costs will be as quoted on our site from time to time, except in cases of obvious error. Please note that our prices may differ slightly from our telephone or showroom prices.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
- Prices may change at any time, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures and you should check the Dispatch Confirmation carefully when you receive it.
- If the Product price is less than the price on our site , we will charge the lower amount when dispatching the Product to you. If the Product price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Products must be by credit or debit card. We accept payment with the following cards powered by HSBC secure payment system:
- We will not charge your credit or debit card until we send you a Dispatch Confirmation email to confirm your order.
- Where you are contracting as a Consumer, we reserve the right to claim interest on any late payments at 2% above the current base rate of HSBC Bank PLC.
- Where you are contracting as a Business, we reserve the right to claim interest on any late payments under the Late Payment of Commercial Debts (Interest) Act 1998.
12. OUR REFUNDS POLICY
- When you return a Product to us because you are a Consumer and you have cancelled the Contract between us within the Cancellation Period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- When you return a product to us because it is defective or because you have notified us that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed by email that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- Please note that under no circumstances will we refund or replace a Product that has been damaged after a delivery has been signed for by you or your representative, unless we have damaged it during our installation.
- If you are contracting as a Business, please note that unless the product is defective subject to clause 13.2 above we will not be able to refund or replace any Products for any reason so please ensure that you provide the correct dimensions for the Products.
13. OUR LIABILITY YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- We shall endeavour to transfer to you the benefit of any warranty or guarantee given to us by the manufacturers of the Products.
- Where you are a Consumer we warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence; or
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability; or
- if you a Consumer, under section 2(3) of the Consumer Protection Act 1987.
- 13.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- waste of management or office time however arising and
- whether caused by tort (including negligence), breach of contract or otherwise.
14. WRITTEN COMMUNICATIONS
- It is a legal requirement that some of the information or communications we send to you should be in writing.
- When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
- For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to The Garage Door Company (Europe) Limited at Unit 1, Phoenix Business Centre, Spur Road, Quarry Lane Industrial Estate, Chichester, West Sussex PO19 8PN or email@example.com
- We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.
- Notice 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.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and any person or entity we assign the contract to.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular but is not limited to the following:
strikes, lock-outs or other industrial action, 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, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
- Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.