Please read the terms and conditions of this agreement carefully as it governs your relationship with Keylite Roof Windows Limited (the “Company”, “we” or “us”) and the stockist chosen by you to supply the relevant goods to you (the “individual”) and limits the liability of us and the stockist to you.
We act as the agent of the stockist chosen by you and are authorized to act as their agent to conclude on their behalf sales contracts on these terms directly between the stockist and you of goods via this Site. The Company is not the seller/merchant of the items. Accordingly, the contract formed is between you and the stockist and all of your rights and remedies in relation to the sale and supply of the relevant goods are against the stockist.
By clicking “I accept” at the end of this screen and accessing the Site you are agreeing to these terms applying to the relationship between you and us and the stockist. References to “you” and “your” are to you as an individual. If you use the Site or purchase goods in the course of your business, you are also agreeing to these terms on behalf of that business and references to “you” and “your” include your business.
1. Price & Payment
1.1 We must receive payment (as agent for and on behalf of the stockist) of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us as agent for and on behalf of the stockist we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order. The acceptance of your order brings into existence a legally binding contract for the sale and purchase of the goods ordered between you and the merchant.
1.2 The prices payable for goods that you order are as set out on the Site and are inclusive of any applicable VAT or other taxes. You will be required to pay £10.00 extra for delivery on orders of £200.00 or less.
1.3 You shall make all payments due without any deduction whether by way of set off counterclaim discount abatement or otherwise.
2. Right to cancel your contract/returns
2.1 You may cancel your contract at any time up to the end of the seventh working day from the date you receive the ordered goods. Subject to the provisions of this clause, you do not need to give any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us in writing.
2.2 If you have received the goods before you cancel your contract then you must either send the goods back to the stockist unopened and undamaged as soon as possible by secure carrier and by signed delivery or contact us and we can arrange a collection for you, in each case at your own risk and cost. Where we arrange to collect the goods for you we will charge a minimum fee of £25.00, a minimum of £ £40.00 plus VAT where items are to be collected on pallets. Note that these are minimum collection fees and may be subject to increase depending on location of collection. Delivery costs (if any) will not be refunded where goods have been dispatched.
2.3 In addition, where you exercise your right to cancel under clause 2.1 a restocking charge of 25% of the invoice value of the cancelled goods will be applied. Note that this clause 2.3 does not apply where you enter into the contract as a consumer.
2.4 Goods must be returned in their original packaging unopened and in the same condition as when delivered to you or made available for collection by you (as applicable). All items must be returned sufficiently protected so as to avoid any damage.
2.5 Once you have notified us that you are cancelling your contract in accordance with clause 2.1 any sum debited to us from your credit or debit card will be credited to your account within 30 days of your cancellation provided you have complied with your obligations under clause 2.2 to return or arrange for collection of the relevant goods in an unopened and undamaged condition. The responsibility for repayment to you will be ours until we pass your payment to the stockist whereupon the stockist has the responsibility to make such repayment to you. We will be entitled to deduct the direct costs of recovering the goods (if you fail to comply with the above provisions) and/or delivery and/or collection costs due from you from the amount to be re-credited to you.
3.1 You will become the owner of the goods you have ordered when they have been delivered to you or if you wrongfully fail to take delivery at the time when the stockist has tendered delivery of same or, if later, when payment in full for the goods and all associated costs and charges has been made. Once goods have been delivered they will be held at your own risk and neither we nor the stockist will be liable for their loss or destruction. Where goods are to be collected risk passes at the time when the goods are made available for collection (and you have been notified of same. Notice here shall include verbal or telephone notice).
3.2 Any dates quoted for delivery are approximate only and neither we nor the stockist shall be liable for any delay in delivery of same however caused. Time for delivery shall not be of the essence.
4. Limitation of Liability
4.1 All warranties, conditions and other terms implied by statute or common law or otherwise are to the fullest extent permitted by law excluded from this Agreement.
4.2 Notwithstanding the above provisions of this clause 5, our liability will not be limited in the case of our fraud or for death or personal injury caused by our negligence, the stockists liability will not be limited in the case of its fraud or for death or personal injury caused by its negligence and nothing in this Agreement is intended to limit any rights you might have as a consumer under applicable local law (if you are contracting as a consumer) or other statutory rights that may not be excluded.
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 4.3
Subject to clause 4.2:-
4.3 We are acting as agent for and on behalf of the stockist and accordingly shall have no liability to you hereunder (including without limitation liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, any consequential loss or damage (including business losses such as lost data, lost profits or business interruption), costs, expenses or other claims for consequential compensation whatsoever howsoever caused) and make no representation or warranty of any kind express or implied including without limitation that the stockist will perform as promised. Because we act as only agent of the stockist if a dispute arises you agree that we have no liability and you release us from all claims demands and damages actual and consequential arising out of or in any way connected with such disputes.
5 Returns for defective goods
5.1 Without prejudice to your rights under clause 2, you shall inspect the goods upon receipt and shall be deemed to have accepted same unless within 14 days of delivery or of same being made available for collection (as notified to you as set out above) (as applicable) you shall have notified us in writing of any defect, error or fault.
5.2 Unless there has been a dispatch error or product fault no refunds will be made in respect of carriage charges on returns.
5.3 Where any goods are defective and you have notified us in accordance with clause 4.1 above the stockist shall at its option either provide a refund of the price paid or repair the defective goods or provide replacement goods.
6.1 All notices shall be given to us via email at firstname.lastname@example.org; Save as otherwise provided herein, all notices to you shall be given at either the email or postal address you provide during any ordering process.
6.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
7.1 Every right or remedy of the Company or the stockist under this Agreement is without prejudice to any other right or remedy of the Company or the stockist whether under this Agreement or not.
7.2 If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness be deemed severable and the remaining provisions of the agreement and the remainder of such provision shall continue in full force and effect.
7.3 Failure or delay by the Company or the stockist in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any of their respective rights under this Agreement.
7.4 Any waiver by the Company or the stockist of any breach of or any default under any provision of the contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of this Agreement.
7.5 The formation, existence, construction, performance, validity and all aspects of this Agreement shall be governed by Northern Irish law and the parties submit to the non exclusive jurisdiction of the Northern Irish courts.
T. 028 8675 8921
F. 028 8675 8923
Derryloran Ind. Est.,
GB 778 5734 68