TERMS & CONDITIONS
Terms & Conditions
These terms and conditions apply to the use of this website at www.canopyproducts.co.uk By accessing this website you agree to be bound by these terms and conditions.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER AND/OR ORDER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Our contact details are as follows:
Canopy Products Ltd. Blackwood Mill, Blackwood Rd, Bacup OL13 0PZ, United Kingdom.
T: +44 (0) 01706 822665
Canopy Products Ltd. Blackwood Mill, Blackwood Rd, Bacup OL13 0PZ, United Kingdom.
Company Registration No. 04606000
Company Type Private Limited – English/Welsh Company
Purchasing from us
We can only ship to limited countries (please check countries on checkout of web site). By submitting your order you are allowing us to use your personal details for the purposes of supplying goods (including passing your details onto couriers and other subcontractors). We will not use your details for other purposes without asking your consent and you may ask that your details are removed from our system by writing to the address above.
1.1 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order plus any charges for delivery and insurance as set out in the order form or by subsequent email from us.
2.2 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.3 Subject to clause 2.5, we must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
2.4 If you are a trade credit account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may withdraw credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over Barclays then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.
2.5 Once you have gone through our checkout, you will be diverted to our protected secure online payment system with our credit card processor, Secure Trading. Your credit card information will be held in protected SSL secure servers, at Secure Trading, we will not have access to your full credit card details, and we will not release information regarding your credit card. Your credit card details will only be used for transaction authorised by you. We currently only accept VISA, MasterCard and VISA Delta, paypal and AMEX.
2.6 The purchaser is liable for any additional local state, country taxes, import duties or copyright levies, should these a
2.7 Whilst orders to the UK’s ‘Highlands & Islands’ will be processed as part of the UK ‘mainland’ they are subject to additional delivery charges which will be notified to you subsequent to your order and payment being processed. ‘Highlands & Islands’ are defined as, but not limited to, the Channel Islands, the Isle of Man, the Isle of Wight, Northern Ireland and the Scottish Highlands. Please allow 2 days delivery times for these destinations.
3. Delivery & Title
3.1 We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days. In the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation or fitting until after you have received your order and checked all the goods for any defects or missing parts. Our products are delivered direct from the manufacturer.
3.2 For reasons of health and safety and to avoid any property damage, most products can only be delivered to the ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery.
3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as Bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
5. Cancellation & Returns
5.1 You may cancel your order by giving us notice of cancellation within 7 days of the date of delivery to you. Such notice may be given by phone, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
5.2 On cancellation for whatever reason, you must return the goods to us in the original state at your cost. A restocking charge may apply. Where the goods are being returned because they are faulty or incorrectly supplied by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.
PLEASE READ THIS CLAUSE
6.1 If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
6.3 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4 Goods are designed and tested for use in the EU only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the EU member states. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
6.5 If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
7. Limited Companies – Guarantee
7.1 Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations.
7.2 If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
8. Business Customers
If you are a business or if the goods are used wholly or in part for business purposes we shall not be liable to you for any business loss including loss of profits (whether direct or indirect) business data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for fraud or for death or personal injury. For our performance time is not of the essence.
We are aware that you the consumer are concerned as to what happens with personal information provided by you. We respect your privacy and treat all information as private and confidential, we will only use information supplied by you for the purpose of internal accounts purpose, delivery of goods, and for us to keep in contact with you from time to time regarding your order progress. We may also use this information for improving our quality of service and inform you of promotional deals we are offering from time to time. We do not and will not sell or release information provided by you to any other third parties, except when in connection with your orders, or in exceptional cases of debt recovery. Unless required by law.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation here-under or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
12. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes)
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforce-ability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law