1. INTRODUCTION 1.1 What these terms cover.

These are the terms and conditions on which we supply goods and services to you. Please read these terms carefully before you submit your order to us.

 

  1. CONTACT INFORMATION

2.1 Who we are.

We are Windows Plus Roofs Limited a company registered in England and Wales. Our company registration number is 11590335 and our registered/ head office is at 182 Earlsway, Team Valley Trading Estate, Gateshead, NE11 0RQ. Our registered VAT number is 333109730. Our trading names are “Kitchens Plus Bathrooms” and “Windows Plus Roofs”.

2.2 How to contact us.

You can contact us by telephoning our customer service team on 0191 2123456 by writing to us at [email protected] or by post to our registered head office address.

2.3 How we may contact you.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

  1. OUR CONTRACT WITH YOU

3.1 How we will accept your order.

Our acceptance of your order will take place when our sales representative counter signs the order form/schedule, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order.

If we are unable to accept your order, we will inform you of this and will not charge you for the goods/services. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your contract number.

We will assign a contract 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 contract number whenever you contact us about your order.

3.4 We only sell to the UK.

Our brochure and marketing material is solely for the promotion of our products in the UK. We do not accept orders from or deliver to addresses outside the UK unless otherwise agreed in writing.

3.5 Survey.

We may carry out a survey inspection at the location specified by you. We may also provide design drawings and/or a plan based on the inspection You are responsible for checking the drawings/plans are complete, accurate and meets your requirements All drawings/plans will remain our property and must not be reproduced without our prior written consent.

3.6 Making sure your measurements are accurate.

If we are making the goods to measurements that you have given us you are responsible for ensuring that these measurements are correct.

 

  1. CONSISTENCY

4.1 Pictures and images of the goods in our brochures and on our website are for illustrative purposes only.

Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device’s display of the colours or variations caused by printing techniques accurately reflects the colour of the goods. Your goods may vary slightly from those pictures and images.

4.2 Showroom displays, sales samples and photographs.

These are used to demonstrate the type of goods available to you. Whilst we endeavour to ensure goods provided confirm to such displays, samples and photographs, we cannot guarantee an exact match.

4.3

We will not be liable for any minor deviations in appearance or specification.

 

  1. YOUR RIGHT TO MAKE CHANGES

5.1 If you wish to make a change to the goods you have ordered please contact us.

We will let you know if the change is possible. If possible, we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result and ask you to confirm whether you wish to go ahead with the change.

 

  1. OUR RIGHT TO MAKE CHANGES

6.1 Minor changes to the goods.

We may change the goods: (a) to reflect changes in relevant laws and regulatory requirements: and (b) to implement minor technical adjustments and improvements. 6.2 More significant changes to the products and these terms. In addition, in the event it becomes necessary to make substantial changes to these terms or the goods, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

  1. PROVISION OF GOODS AND SERVICES

7.1 Delivery costs.

The costs of delivery will be included in the price of your order.

7.2 When we will provide the goods/services.

During the order process we will let you know when we will provide the goods/services to you. We will deliver goods to you as soon as reasonably possible. We will contact you with an estimated delivery date and subsequently agree to a delivery date and time window, if possible.

7.3 Delivery note.

You agree to sign the delivery note upon receipt of the goods ordered, unless there is a sufficient reason for not doing so such as an incomplete order.

7.4 We are not responsible for delays outside our control.

If our supply or installation of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of inordinate delay you may contact us to end the contract and receive a refund for any goods/services you have paid for but not received.

7.5 If you are not at home when the goods are delivered.

If no one is available at your address to take delivery on an agreed date, we will contact you to rearrange delivery and you will be responsible for our re-delivery costs.

7.6 If you do not re-arrange delivery.

If after a failed delivery to you, you do not re-arrange delivery 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 clause 10.2 will apply.

7.7 If you do not allow us access to provide services.

If you do not allow us access to your property to perform the services as arranged (and there is no 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 clause 10.2 will apply.

7.8 When you own goods.

You own the goods once we have received payment in full. Before payment is received in full, we will have a lien over the goods.

7.9 Reasons we may suspend the supply of goods and services to you.

We may have to suspend the supply of certain goods to: (a) deal with technical problems or make minor technical changes: (b) modify the goods to reflect changes in relevant laws and regulatory requirements: (c) make changes to the goods as requested by you or notified by us to you. (d) where we have legitimate concerns over the safety of employees/contractors or where you ask us to perform our obligations in a manner which contradicts our policies or in breach of laws/regulations. (e) If the relevant site location is unsuitable to proceed with works or other separate contractors are carrying out works which interferes with our works or the integrity of the goods.

7.10 Your rights if we suspend the supply of products.

We will contact you in advance to tell you we will be suspending supply of goods, unless the problem is urgent or an emergency.

7.11 We may suspend supply of the goods if you do not pay.

If you do not pay us for the goods when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. As well as suspending the goods we can also charge you interest on your overdue payments.

7.12 What happens if you fail to give us required information.

We may ask you for certain information to enable us to carry out our obligations under the contract including measurements, planning permissions, and local authority consents. If you do not give us the requested information within a reasonable period of us asking for it, or if you give us incomplete or inaccurate information, we may either end the contract or charge an appropriate additional sum for extra work that is required. We are not responsible for supplying goods or services late if this is caused by you failing to provide information within a reasonable period of us asking for it.

7.13 Additional works.

If additional works are found to be necessary (such as the removal and disposal of asbestos or other hazardous substances from site) or you ask us to carry out further works outside the scope of the original order, we reserve the right to charge a reasonable amount for the additional works which will form part of the contract between us.

7.14 Installation services.

If you have chosen our installation service, you will be asked to sign a satisfaction note to confirm you are happy with the fitting works. You should clearly state any areas you are not happy with on the note before signing it. Required snagging works which you have notified to us and which we agree with will be completed by us as part of the contract in a reasonable timeframe if you have chosen our installation service. We are not liable for any private installation work carried out by an installer which is outside the scope of our contract with you.

7.15 Supply of goods only (excluding installation services).

You hereby understand and agree that if your order is for supply of goods only you will enter a separate contract with an installer whose details we may provide to you, at your request. You are under no obligation to accept the installer and you may source an alternative installer if preferred. We encourage you to seek comparative quotes and make your own choice. We do not recommend you use a specific installer: we only provide details of approved installers if requested. If you accept our approved installer, we will receive no commission or other reward and you must pay the installer directly. For the avoidance of doubt, we shall not be liable for any works carried out by an approved installer if your contract with us is for the supply of goods only.

 

  1. YOUR RIGHTS TO END THE CONTRACT

8.1 You can end the contract with us before it is completed.

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service reperformed or to get some or all of your money back): (b) If you want to end the contract because of something we have done or have told you we are going to do: (c) If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.2.

You do not have the right to change your mind in respect of goods which are cut, made to measure or otherwise customised and are bespoke to your property. These include but are not limited to windows and roofs.

8.3 Ending the contract because of something we have done or are going to do.

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are: (a) we have told you about an upcoming significant change to the goods or these terms which you do not agree to: (b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed: (c) there is a risk that supply of the goods may be significantly delayed because of events outside our control: (d) we have suspended supply of the goods, or notify you we are going to suspend them: or (e) you have a legal right to end the contract because of something we have done wrong.

8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most goods bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights are under the Consumer Contracts Regulations 2013. If you ask us to cancel installation services during the cancellation period, we reserve the right to charge you for the value of services rendered up to the effective time of cancellation.

8.5 When you don’t have the right to change your mind.

You do not have a right to change your mind in respect of: (a) services, once these have been completed, even if the cancellation period is still running: (b) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them: (c) any goods which become mixed inseparably with other items after their delivery.

8.6 How long do I have to change my mind?

How long you have depends on what you have ordered and how it is delivered. (a) Have you bought services? If so, you have 14 days after the day we accept your order. However, once we have completed the services you cannot change your mind, even if the 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. (b) Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless: (i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8.7 Ending the contract where we are not at fault and there is no right to change your mind.

Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us a sum for damages. A contract for goods is completed when the product is delivered. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. If we agree to end the contract, we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable sum for the net costs we will incur as a result of your ending the contract.

 

  1. HOW TO END THE CONTRACT WITH US (INCLUDING CHANGING YOUR MIND)

9.1 Tell us you want to end the contract.

To end the contract with us, please let us know by one of the following: (a) By email. You should email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address. (b) By post. Write to us at our registered office address including details of what you bought, when you ordered or received it and your name and address. You may wish to use the model cancellation form at schedule 1 to our terms and conditions.

9.2 Returning goods after ending the contract.

If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. We shall collect the goods from you which must be in an unpackaged and undamaged state. You must call or email customer services to arrange collection. We reserve the right to charge you our reasonable costs of collecting the goods from you except where you are exercising your rights to end the contract if we have done something wrong. Alternatively, you may return goods to us at your own cost.

9.3 When we will bear the costs of return.

(a) if the goods are faulty or mis-described: (b) if you are ending the contract because we have told you of an upcoming significant change to the goods or these terms, an error in pricing or description, a significant 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.

9.4 How we will refund you.

We will refund you the price you paid for the goods by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind.

If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which has diminished their value. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.6 When your refund will be made.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind: (a) In the case of goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. (b) In all other cases, your refund will be made within 14 days of you telling us you have changed your mind. (c) Where you have entered into a credit arrangement with a third-party provider, refunds may take longer. You will be responsible for contacting the finance provider about the refund which may be subject to the terms of your contract with that party.

 

  1. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it.

We may end the contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due: (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, a valid UK delivery address including post code: (c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us: (d) you do not, within a reasonable time, allow us access to your premises to supply goods or complete the services.

10.2 You may have to pay us damages if you break the contract.

If we end the contract as set out in clause 10.1 above, we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable sum for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the goods and/or services.

We may write to you to let you know that we are going to stop providing the goods and/or services. We will refund any sums you have paid in advance for goods or services which will not be provided.

  1. IF THERE IS A PROBLEM WITH GOODS OR SERVICES

11.1 How to tell us about problems.

If you have any questions or complaints, please contact us. You can email our complaints manager at [email protected] or telephone us on 0191 2716868. You may also write to us at our registered/head office. We refer you to the complaints procedure set out on our website: www.windowsplusroofs.com/complaints-procedure/

11.2 Summary of your legal rights.

We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your statutory rights.

11.3 Your obligation to return rejected products.

If you wish to exercise your legal rights to reject products you must either return them in person to us or allow us to collect them from you. Please call customer services or email or write to us to arrange collection.

11.4 Manufacturer’s guarantee.

Unless otherwise stated, goods will come with a guarantee for at least 12 months which will be passed to you once the goods are paid for. You may invoke the guarantee where appropriate by contacting the manufacturer directly.
11.5 Disclaimer. We will not be responsible for any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow care instructions, misuse, alteration or repair of goods without our prior approval or inaccurate measurements which you provide.

 

  1. PRICE & PAYMENT

12.1 Where to find the price.

The price of the goods (which includes VAT) will be the price indicated in the order form/schedule. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the goods you order.

12.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong.

It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If this happens, we shall take steps to rectify this with you. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay.

All invoices must be paid strictly within terms. We accept payment by debit and credit card. (a) For goods, payment must be made in full before delivery if you are paying with your own funds. If you have successfully applied for credit, payment is due immediately upon delivery of goods, when you will be required to sign a delivery note. (b) For installation services, payment must be made in full at least 3 days before installation work commences, in the event you are using your own funds for the purchase. If you are using credit for the purchase, you will be asked to sign a satisfaction note at completion of the works and once signed the finance company will release payment to us. We deem completion to mean when our operatives leave site after carrying out the contracted works, with the understanding that further snagging works may be required. (c) If we are supplying goods only and you have a separate agreement with an installer whose details we provide, you must adhere to the installer’s payment terms.

12.5 We can charge interest if you pay late.

If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England 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.

12.6 Finance.

Windows Plus Roofs Limited is an Introducer Appointed Representative and provides a pure client Introduction through Improveasy Ltd., a company registered in England and Wales (Co. Reg. number 7807352). Registered Office: Station House, Stamford New Road, Altrincham, Cheshire, WA14 1EP. The firm is authorised and regulated by the Financial Conduct Authority (FRN 708623). The firm is authorised as a Broker, not a Lender and offers credit facilities from a panel of lenders. The credit is subject to application and status

 

  1. LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors: for fraud or fraudulent misrepresentation: for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you: of satisfactory quality: fit for any particular purpose made known to us: supplied with reasonable skill and care and, where installed by us, correctly installed: and for defective products under the Consumer Protection Act 1987.

13.3 When we are liable for damage to your property.

If we are providing installation services in your property, we will make good any damage to your property caused by us while doing so except where damage to existing installations is unavoidable or their surroundings. You are responsible for removing goods and appliances from the area where the installation work is taking place and we are not liable for damage caused to goods or appliances that aren’t removed. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4 We are not liable for business losses.

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. PERSONAL DATA

14.1 How we will use your personal information.

We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website: www.windowsplusroofs.com/privacy-policy/

14.2

If you wish to apply for finance, you acknowledge and agree that we may share your details with relevant finance companies for the purpose of facilitating credit, who will register any such searches with the relevant credit reference agencies.

14.3 We will use your personal data to provide the goods & services and process payment.

We may inform you about similar products or services we provide, but you may stop this at any time by contacting us. We will not give your data to any third party without your consent.

 

  1. OTHER TERMS

15.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2 You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force.

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.

15.5 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you are released from your obligations and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed exclusively by English law and the English courts.