Terms and Conditions
Standard terms and conditions for sales of goods from Gardinia Windows (Kirklees) Ltd Trading as UPVC Spares 4 Repairs.
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 “List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means upvcspares4repairs of 3 Leeds Road Huddersfield HD1 6DD;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
3 Price and Payment
3.1 The price of the Goods shall be that stipulated in the Sellers current List Price/on the Sellers website/as contained in the Sellers Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Sellers premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 10 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Title and risk in the Goods shall pass to the Buyer upon payment for the Goods.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 Cancellation And Returns
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 The Buyer must notify the seller of the defect in writing and request a Goods Return Note and number and this must clearly be shown on the package. Goods returned without this will be rejected and may be returned to you.
6.4 Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 14 working days of receipt of the Goods. Goods must be returned at the Buyers cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. The Buyer must notify the seller of their intention to return the goods in writing and request a goods return here. This must clearly be shown on the package, goods returned without this may be rejected and returned to you. N:B: This is not a postage paid label. You will need to pay the appropriate postage costs at the time of posting. Failure to do so will incur a 20% re-stocking fee to cover the additional administration. Note: Special Order Items are exempt from this (See condition 6.8)
6.6 The Buyer is advised to carefully check any descriptions, dimensions, and photographic images supplied on the sellers website before purchasing items to ensure that the product is the correct one required.
6.7 Goods that have been cut, marked, or damaged by the buyer will be deemed as used and unless proved to be faulty or defective they will not be refundable.
6.8 Special order items are items ordered or built for your specific requirements, and are parts we cannot or do not re-stock. Therefore they must be paid for in full, prior to the seller ordering the goods and are not returnable under any circumstance except where deemed faulty.
7.1 In addition to the Buyers statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery. However the end customer accepts that parts are maintained free from corrosion, lubricated, and that the parts are fitted correctly and onto windows or doors that are also plumb square and in good working condition. No guarantee can be given against finishes to parts that have had chemical cleaners applied to them or in areas of high salt or chemical discharges in the air which may also cause a reaction.
8 Limitation Of Liability
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 We guarantee to you that products purchased from upvcspares4repairs are of a satisfactory quality and fit for the purpose for which products of this kind are supplied.
8.4 You agree that any liability on the part of the seller for losses you may suffer as a result of us breaking this agreement is strictly limited to the purchase price of the products you purchase which is strictly on a supply only basis. You therefore agree we are not responsible for indirect losses.
8.5 Faulty Items: Goods that are deemed faulty through no fault of your own will be due a full refund including return postage costs on your part once we have inspected the goods and accepted that the goods are in-deed faulty.
9. Import Duties
9.1 We are happy to supply products outside the UK, however they may be subject to import duties and taxes which are generally levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We are not party to these regulations. Items ordered from our site will be charged out at UK tax revenue rates and paid to the UK tax and revenues. You are advised to speak to your local customs office if you require information for your own circumstances we will not be liable for any breach by you of any such laws.
10 Force Majeure
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 Governing Law And Jurisdiction
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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The information you provide on our contact forms will only ever be used for the purpose of dealing with your enquiry. Information entered on the contact form will arrive on our network as an email for the appropriate member of staff to deal with. All members of staff with access to the computer systems at Upvc Spares 4 Repairs are trained on how to deal with customers data.
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Upvc Spares 4 Repairs is a trading arm of Gardinia Windows (Kirklees) Ltd, 3 Leeds Road, Huddersfield, HD1 6DD. All trading transactions are administered as such by either organisation but in effect are one and the same. For this document both organisations will be referred to as Upvc Spares 4 Repairs. To enable our business to perform we will require some of our personnel access to customer data. These persons will be noted as authorised people who have agreed, understand and signed the companies safe working and acceptable practice policy.
We agree to conform to the regulations as set out in the GDPR 2018 as follows:
- Upvc Spares 4 Repairs will never pass any of your personal details onto any other company for marketing purposes or monetary gain.
- We will need to pass to our chosen shipping couriers for delivery, your name, shipping address, email address and contact number given by you at time of placing an order with us. No other details will be provided to them.
- We may email or post to you updates and occasional special offers that we consider may be of interest to you. We will never contact you with any other service or products other than those sold by Upvc Spares 4 Repairs. You will always be given the option to opt out of our mailings.
- The only personal items of information we will hold are your email, IP address, telephone numbers and your name / addresses as entered on your order form. These are used and held for updating you with order progress, shipping details, proof of purchase & warranty references.
- We use Google Analytics to identify how users end up on our online store and to gain insights on how users flow though our site to completing an order. The retention period for data on Google Analytics that is associated with cookies, user identifiers, or advertising identifiers is set to 14 months, the minimum possible. Our Google Analytics data is linked to Google Adwords, meaning data gathered by Google Analytics could be used for targeted advertising in any future Google Adwords or remarketing campaigns we run.
- When placing an order on our site we use PCA Predict for address validation and data quality services, this ensures the address you enter matches the address on the postal file. Missing data such as your postcode if unknown can be determined as you type your address. This is required to allow your order to be accurately processed. In addition, shipping rates will be looked up via Shipper HQ based on the shipping address you provide, this is only used to offer accurate shipping prices based on the items you have added to your basket.
- We use Ekomi to allow our customers the option of submitting an independent shopping experience of Upvcspares4repairs. This is submitted to you by use of your email address used when placing an order with us. This is the only information they will be given, & we will never provide any transaction details with them.
- Purely for audit purposes we will retain copies of all transactions. No credit card or personal information is ever retained on our computer databases or in any other format.
- Before you are asked to enter credit or debit card details, you are transferred to a secure server operated by our card-handling provider. Your card details are then encrypted by your web browser before being sent. Therefore, we will never see your full card details. We will receive from the card handler confirmation of completed purchase payment status via email.
- These emails will be deleted from our email storage site when we have deemed the contract is completed and within 3 years from the invoice date.
- When placing an order with UPVC Spares 4 Repairs your data will pass though Cloudflares Content Distribution Network (CDN). Cloudflare are fully compliant with the GDPR.
- All information you provide will be encrypted before leaving your device and passing though the nearest Cloudflare server to the location you are placing your order from, arriving at our cloud servers provided by Digital Ocean and hosted in London, UK.
- Digital Ocean ensure all their services fully comply with the GDPR and its ordinances.
- Backups of all data required for our website to operate are made daily. Historical backups of this data which includes customer orders and accounts are kept. All backup data is encrypted and is only accessible by authorised personnel.
Payments & Accounts:
We will keep records of our payments to any persons / organisations in compliance with our HMRC obligations and for our own accounting purposes. This may be in the form of electronic data and paper records. This data will never be disclosed to external parties other than for audit, banking or our authorised personnel. We agree to keep this data secure and encrypted where possible, access is only ever available to authorised persons.
- You have the right to obtain from us the data we hold on your behalf by writing to us at: Data Controller - Gardinia Windows, 3 Leeds Road, Huddersfield, HD1 6DD.
- You can request the correction of any inaccuracies held in this data
- You can request the deletion of this data however once done so we will not be able to provide any further service or information for your future use.
- You will need to verify your identity to make any change requests to data held and we reserve the right to make searches to do this for your security and protection.