Terms and Conditions
RATIONEL WINDOWS (UK) LIMITED
CONDITIONS OF SUPPLY
In these Conditions, ‘Contract’ means the contract between the Customer and the Supplier, consisting of the order acknowledgement, these Conditions and any other document specified in the order acknowledgement; ‘Customer’ means the person who places the order for the Goods with the Supplier; ‘Goods’ means the goods that are specified in the order acknowledgement; ‘and ‘Supplier’ means Rationel Windows (UK) Ltd., a company registered in England and Wales under company numberand with its registered office at Shakespeare House, 42 Newmarket Rd Cambridge, CB5 8EP, The Supplier’s VAT number is 623 9377 22. The Contact page http://www.rationel.co.uk/professionals/contact/ contains the Supplier’s contact details.
2.1 These Conditions will apply to any contract between the Customer and the Supplier for the sale of Goods. By placing an order the Customer will be asked to agree to these Conditions. If the Customer does not agree to these Conditions, he or she will not be able to order any Goods from the Supplier’s site.
2.2 The Supplier may amend these Conditions from time to time as set out in clause 5. The Customer should therefore check these Conditions every time he or she wishes to order Goods to ensure that he or she understands the Conditions which will apply at the time. These Conditions were most recently updated on [21st November 2013].
2.3 These Conditions, and any Contract between the Supplier and the Customer, are only in the English language.
3.1 The images of the Goods on the Supplier’s site are for illustrative purposes only. Although every effort has been made to display the colours accurately, the Supplier cannot guarantee that the Customer’s computer’s display of the colours accurately reflect the colour of the Goods. The Customer’s Goods may vary slightly from those images.
3.2 All Goods shown on the Supplier’s site are subject to availability. The Supplier will inform the Customer by email as soon as possible if the Goods the Customer has ordered are not available in which case the Supplier will not process the Customer’s order.
- How the Contract between the Customer and the Supplier is formed
4.1 The steps the Customer needs to take to place on order on the Supplier’s site are set out on the page how to shop /how-to-shop.
4.2 The order process allows the Customer to check and amend any errors before submitting his or her order. The Customer should check the order at each page of the order process.
4.3 After the Customer places an order, he or she will receive an e-mail from the Supplier acknowledging that it has received the order. The sending of the Order confirmation does not mean that the order has been accepted. Acceptance of the order will take place as described below.
4.4 The Supplier will confirm its acceptance to the Customer by sending the Customer an e-mail that confirms that the Goods have been dispatched (“Second Email Confirmation”). The Contract between the Supplier and the Customer will only be formed when the Second Email Confirmation is sent.
4.5 If the Supplier is unable to supply the Customer with a Good, for example, because that Good is not in stock or no longer available, the Supplier will inform the Customer of this by e-mail and the Supplier will not process his or her order. If the Customer has already paid for the Goods, the Supplier will refund the Customer the full amount as soon as possible.
- The Supplier’s right to vary the Conditions
5.1 The Supplier may revise these Conditions from time to time in the following circumstances:
5.1.1 changes in how the Supplier accepts payment;
5.1.2 changes in relevant laws and regulatory requirements[; and
5.1.3 [OTHER CIRCUMSTANCE].
5.2 Every time the Customer orders Goods from the Supplier, the Conditions in force at that time will apply to the Contract between the Customer and the Supplier.
5.3 Whenever the Supplier revises these Conditions in accordance with this clause 5, the Supplier will give the Customer notice of this by stating that these Conditions have been amended and the relevant date at the top of this page.
- Consumer’s right of return and refund
This clause 6 only applies if the Customer is a consumer
6.1 If the Customer is a consumer he or she has a legal right to cancel a Contract under the Distance Selling Directive during the period set out below in clause 6.3. This means that during the relevant period if the Customer changes his or her mind and decides not to purchase the Goods from the Supplier, the Customer can notify the Supplier of his or her decision to cancel their Contract and receive a refund.
6.2 However, this cancellation right does not apply in the case of custom-made Goods.
6.3 The Customer’s legal right to cancel a Contract starts from the date of the Second Email Confirmation, which is when the Contract between the Customer and the Supplier is formed. If the Goods have already been delivered to the Customer, the Customer has a period of [7 working] days starting from the day after the day the Customer receives the Goods.
6.4 To cancel a Contract, the Customer must contact the Supplier in writing by sending an e-mail to firstname.lastname@example.org.
6.5 The Customer will receive a full refund of the price he or she paid for the Goods and any applicable delivery charges paid for. The Supplier will process the refund due to the Customer as soon as possible and, in any case, within 30 calendar days of the day on which the Customer gave the Supplier notice of cancellation as described in clause [6.4]. If the Customer returns the Goods to the Supplier because they were defective or mis-described, clause [6.6] will apply.
6.6 If the Customer returns the Goods under this clause 6 because they are defective or mis-described, the Supplier will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs incurred by the Customer in returning the item to the Supplier.
6.7 The Supplier shall refund the Customer on the credit card or debit card used by the Customer to pay.
6.8 If the Goods were delivered to the Customer:
6.8.1 the Customer must return the Goods to the Supplier as soon as reasonably practicable;
6.8.2 unless the Goods are defective or not as described (in this case, see clause [6.6]), the Customer will be responsible for the cost of returning the Goods to the Supplier;
6.8.3 the Customer has a legal obligation to keep the Goods in his or her possession and to take reasonable care of the Goods while they are in his or her possession.
6.9 Details of the Customer’s legal right to cancel and an explanation of how to exercise it are provided in the Second Email Confirmation.
6.10 As a consumer, the Customer has legal rights in relation to Goods that are defective or mis-described. Advice about the Customer’s legal rights is available from his or her local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Conditions will affect these legal rights.
- Price and Payment
7.1 The price of the Goods shall be the price quoted on the Supplier’s site from time to time. Prices may change from time to time, but changes will not affect any order which the Supplier has confirmed with a Second Email Confirmation.
7.2 The price shall be inclusive of value added tax and all delivery charges.
7.3 The Customer can only pay for the Goods using a debit or credit card. We accept the following cards VISA and MasterCard.
8.1 . The Customer’s order will be fulfilled by the estimated delivery date set out in the Second Email Confirmation, unless there is an Event Outside the Supplier’s Control. If the Supplier is unable to meet the estimated delivery date because of an Event Outside the Supplier’s Control, it will contact the Customer with a revised estimated delivery date.
8.2 The Goods will be the Customer’s responsibility from the completion of delivery.
8.3 The Customer owns the Goods once the Supplier has received payment in full, including all applicable delivery charges.
- Supplier’s Liability
Our liability if Customer is a Business
9.1 The Customer shall examine the Goods on delivery. Save where clause 9.2 applies, any claim in respect of defective Goods or workmanship must be notified to the Supplier within 5 days of delivery or completion (as applicable).
9.2 Where a defect in the Goods was not reasonably apparent from inspection on delivery or completion (as applicable), the Customer shall notify the Supplier of the defect within 5 days of appearance.
9.3 The Supplier accepts no liability for any defects in the Goods:
9.3.1 that are not notified to it in accordance with clause 9.1 or 9.2.
9.4 The Supplier does not exclude or limit its liability in negligence for death or personal injury or for fraud or wilful default, or otherwise insofar as any exclusion or limitation of its liability is void, prohibited or unenforceable by law.
9.5 Subject to clause 9.4, all representations, warranties and conditions implied by trade custom, course of dealing, statute, common law or otherwise are excluded to the fullest extent permitted by law.
9.6 Subject to clause 9.4, in no circumstances shall the Supplier be liable to the Customer, in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, for loss of profit, loss of business, loss of revenue, depletion of goodwill or loss of anticipated savings in each case whether direct, indirect or consequential which arise out of or in connection with the supply of the Goods or their use or resale (if applicable) by the Customer.
9.7 In the event that notwithstanding the provision of these Conditions the Supplier is found liable for any loss suffered by the Customer arising in any way out of or in connection with the supply of any Goods , that liability shall in no event exceed the price paid for such Goods.
Supplier’s liability if Customer is a consumer
9.8 The Supplier has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.9 The Supplier does not in any way exclude or limit its liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
- Events Outside the Supplier’s Control
The Supplier shall not be deemed in breach of the Contract or otherwise liable to the Customer by reason of any delay in performance, or non-performance of its obligations under the Contract to the extent that such delay or non-performance is caused by strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Supplier or a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery; failure of its supplier's or contractor's; or any other event or circumstances beyond the Supplier's reasonable control (“Event Outside Supplier’s Control”). In any such event the Supplier may, without liability to the Customer, reasonably vary the terms of the Contract including but not limited to extending the time for performing the Contract by a period at least equal to the time lost due to such an event.
- Intellectual Property
11.1 All copyright and other intellectual property rights in any plans, designs, drawings and specifications provided to the Customer by the Supplier shall remain the property of the Supplier.
12.1 The Supplier shall be entitled to transfer its rights and obligations under the Contract to another organisation. Any failure or neglect by the Supplier to enforce at any time any provision of the Contract shall not be construed nor deemed to be a waiver of any of the Supplier's rights under the Contract.
12.2 If any provision of these Conditions is held to be invalid or unenforceable in whole or in part this shall not affect the validity of the other provisions of these Conditions.
12.3 Save for the Supplier’s affiliates, which the Supplier and the Customer hereby designate as intended third party beneficiaries to the Contract, no person other than a party to the Contract shall have any rights to enforce any term of the Contract.
12.4 The Contract shall be governed and construed in accordance with English law.
12.5 Any dispute arising out of or in connection with the Contract maybe brought in the courts of England and Wales. For the purposes of this clause, each of the parties hereby irrevocably agrees that the courts of England and Wales shall have jurisdiction to settle any such disputes.