TERMS AND CONDITIONS of supplying and fitting goods
Please read all these terms and conditions.
These terms and conditions apply to all goods and services you order from us. The goods we sell are ‘made to measure’. As we accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please email us at info@wdsolutions.co.uk.
Application
- These Terms and Conditions will apply to the purchase of the goods and services by you (the Customer or you). We are Window Decor Solutions Itd whose trading name is WD Solutions. A company registered in England and Wales under number 13392409 whose registered office is at 73 New Street, Essex, C09 1DB with email address Info@wdsolutions.co.uk (the Supplier or us or we).
- These are the terms on which we sell all Goods and services to you. By ordering any of the Goods or services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
- Customer means a person or business ordering Good and Services from us;
- Contract means the legally-binding agreement between you and us for the supply of the Goods and Services;
- Installation/fitting means the fitting of the goods by us.
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods and Services from the Supplier as submitted following the step by step process set out on the Website and as described in order confirmation;
- Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- Website means our website wdsolutions.co.uk on which the Goods are advertised.
Goods
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Services
- If your order includes fitting/installation services. The area where the good are to be fitted is unobstructive and of standard construction with no cables or pipes under the surface in relevant area.
- The walls or wood into which we need to attach fixings are in a condition that allows us to easy obtain good fixings.
- If these are not met and we are not able to fit your ordered goods, you will be liable for paying full services.
Measurements
- If you providing us with measurements, please ensure that they are correct and accurate. Unfortunately, we can not accept the return of ‘made to measure’ goods if you have provided incorrect measurements.
Order
- We may contact you by using e-mail or other electronic communication methods.
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time.
- Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Personal information
- We retain and use all information strictly under the Privacy Policy.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we take payment immediately.
Delivery
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 60 days after the day on which the Contract is entered into.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Returns and cancellation
- Any orders that are not made to measure, can be cancelled and returned within 14 days of ‘order confirmation’.
- We will not accept any returns for made to measure products after 2 working days, unless it falls under section 46.
- You can cancel the Order within 2 working days of the ‘Order Confirmation’, without incurring any costs.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision via email within given timescales.
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 5 working days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 73 New Street, Essex C09 1DB without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
Warranty
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- We warrant all good for the period of 12 month from they date of delivery or installation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract;, and
- conform to their description.
- If the goods are defective on delivery, you need to contact us in writing within 48hours and provide details of defect.
- We will provide the following after-sales service: The seller will support the customer with free advice about installation and after care of the products.
- The warranty given in clause 46. above does not apply to any defect arising from fair wear and tear, willfull damage, abnormal storage, negligence.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Privacy
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (ulr ) and cookies policy (ulr)
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- ‘GDPR’ means the UK General Data Protection Regulation.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws;
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail wds@wdsolutions.co.uk .
Excluding liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If dispute occurs customer should contact us to find solution. We will aim to respond with an appropriate solution within 5 working days.