Terms & Conditions of Business

1. These terms

1.1 What these terms cover

These are the terms and conditions on which we supply products to you, whether these are goods or services.

1.2 Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are

We are Crownhill Conservatories Ltd, a company registered in England and Wales. Our company registration number is 11350185 and our normal trading address is Plymouth Garden Centre, Fort Austin Avenue, Crownhill, Plymouth PL6 5NU, which you can use to contact us or send any notice to us under these terms and conditions.

Our registered VAT number is 306211552.

2.2 How to contact us

You can contact us by:

Telephone: 01752 786015
Email: [email protected]
Post: Fort Austin Avenue, Plymouth PL6 5NU

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.

2.4 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order

Our acceptance of your order will take place when we email or otherwise write to you to accept it, or act on your order, 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 product and/or service. This might be because the product cannot be sourced, because we have identified an error in the price or description of the product or because we are unable to meet an installation or delivery deadline you have specified.

4. Our products and services

4.1 Guarantees

We will endeavour to pass on all manufacturer guarantees provided to us by the manufacturer. This includes:

10 years for frames & sealed units
2 years for locks and handles

4.2 Glass

It is not uncommon that some distortion can occur on double or triple glazed units when viewed from various aspects. We cannot be responsible for glass breakages once delivered to your property.

We can give no warranty concerning the incidences, prevention or elimination of condensation following installation.

4.3 Additional work

You will be responsible for any removal and refitting of any alarms, curtain rails, cables, pipes, tiling etc., and redecorating.

No additional works will be carried out other than those agreed in your order form.

If any lintels, construction defects or latent defects are found to be present during the course of the work which could not have been reasonably detected at survey, an additional estimate will be submitted for acceptance by the customer.

Whilst we will use all reasonable endeavours to estimate the amount of work required it is important to note that our site surveys are non-invasive.

We reserve the right to revise estimates for any unforeseen conditions and circumstances outside of our control.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.

If it is possible, we will let you know about any changes to:

the price of the product
the timing of supply
anything else which would be necessary as a result of your requested change

We will ask you to confirm whether you wish to go ahead with the change.

If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).

6. Our rights to make changes

6.1 Minor changes to the products

We may change the product:

to reflect changes in relevant laws and regulatory requirements
to implement minor technical adjustments and improvements

7. Providing the products

7.1 Delivery costs

The costs of delivery will be as notified to you before you place your order.

7.2 When we will provide the products

7.2.1 The goods

As this will depend on availability from third parties, we will contact you with an estimated delivery date as soon as reasonably possible. This may be more than 30 days after the day on which we accept your order.

7.2.2 The installation services

We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

7.3 We are not responsible for delays outside our control

If our supply of the products 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 substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered

If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.

7.5 If you do not re-arrange delivery

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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.

7.6 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 you do not have a 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.

7.7 When you become responsible for the goods

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.8 When you own goods

You own a product which is goods once we have received payment in full.

7.9 Reasons we may suspend the supply of products to you

We may have to suspend the supply of a product to:

deal with installation problems or make minor changes to the order
update the product to reflect changes in relevant laws and regulatory requirements
make changes to the product as requested by you or notified by us to you (see clause 6)

8. Your rights to end the contract

8.1 Your rights when you end the contract

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
when you decide to end the contract

8.1.1

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11.

8.1.2

If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.

8.1.3

If you have just changed your mind about the product, see clause 8.3. 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 may have to pay the costs of return of any goods.

8.1.4

In all other cases (if we are not at fault and there is no right to change your mind).

8.2 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 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.

The reasons are:

we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed
there is a risk that supply of the products may be significantly delayed because of events outside our control
you have a legal right to end the contract because of something we have done wrong

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

For most products bought off-premises you have a legal right to change your mind within 14 days and receive a refund.

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

You do not have a right to change your mind in respect of:

bespoke products that have been specifically custom made to your specific requirements, for example windows, doors or conservatories which are made to measure and have been manufactured at your request
services, once these have been completed, even if the cancellation period is still running

8.5 How long do I have to change my mind?

8.5.1 Have you bought services?

If so, you have 14 days after the day we email you to confirm 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.

8.5.2 Have you bought goods?

If so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract

To end the contract with us, please let us know by calling us on 01752 786015.

Please provide your:

name
home address
details of the order
phone number (where available)
email address (where available)

9.2 Returning products after ending the contract

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.

You must either:

return the goods in person to where you bought them
post them back to us
allow us to collect them from you if they are not suitable for posting

Please call customer services on 01752 786015 or email [email protected].

If you are exercising your right to change your mind you must return the goods to us within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return

We will pay the costs of return:

if the products are faulty or misdescribed
if you are ending the contract because:
- we have told you of an upcoming change to the product or these terms
- there is an error in pricing or description
- there is a delay in delivery due to events outside our control
- you have a legal right to do so as a result of something we have done wrong

In all other circumstances you must pay the costs of return.

9.4 What we charge for collection

If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5 How we will refund you

We will refund you the price you paid for the products including delivery costs, by the method you used for payment.

However, we may make deductions from the price, as described below.

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

9.6.1

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.6.2

Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind.

The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7 When your refund will be made

We will make any refunds due to you as soon as possible.

9.7.1

If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which:

we receive the product back from you, or
you provide us with evidence that you have sent the product back to us

9.7.2

In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract if you break it

We may end the contract for a product/service at any time by writing to you if:

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
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us
you do not, within a reasonable time, allow us clear access to your premises including access to electric supplies that we may require to supply the services

11. If there is a problem with the product

11.1 How to tell us about problems

If you have any questions or complaints about the product, please contact us.

Telephone: 01752 786015
Email: [email protected]
Post: Plymouth Garden Centre, Crownhill, Plymouth PL6 5NU

Alternatively, please speak to one of our staff in-store.

11.2 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 where you bought them
post them back to us
allow us to collect them from you if they are not suitable for posting

We will pay the costs of postage or collection.

Please call customer services on 01752 786015 or write to [email protected] to arrange collection.

12. Price and payment

12.1 Where to find the price for the product

The price of the product (which includes VAT) will be the price indicated on your order form.

We take all reasonable care to ensure that the price of the product advised to you is correct.

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 products we sell may be incorrectly priced.

If the product’s correct price at your order date is less than our stated price, we will charge the lower amount.

If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.4 When you must pay and how you must pay

We can usually accept payment by:

BACS
Faster Payment
electronic bank transfer
cheque
cash

12.4.1

You must make an advance deposit for the goods or services before we provide them. A deposit will be agreed with you in advance.

We will invoice you for the balance of the price of the services when we have completed them.

Payment is due on presentation of each invoice.

12.5 We can charge interest if you pay late

If you do not make any payment to us within 7 days of receiving your final invoice we may charge interest on the overdue amount at the rate of 3% a year above the base lending rate of the 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.

12.6 What to do if you think an invoice is wrong

If you think an invoice is wrong please contact us promptly to let us know.

You will not have to pay any interest until the dispute is resolved.

13. Our responsibility for 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.

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
fraud or fraudulent misrepresentation
breach of your legal rights in relation to the products
defective products under the Consumer Protection Act 1987

13.3 When we are liable for damage to your property

If we are providing services in your property, we will make good any damage to your property caused by us while doing so.

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 or anything we have confirmed is specifically excluded.

14. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy:

Crownhill Conservatories Privacy Policy

15. Other important terms

15.1

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

However, you may transfer our guarantee to a person who has acquired the product or property.

15.2

This contract is between you and us.

No other person shall have any rights to enforce any of its terms, except as explained in clause 15.1 in respect of our guarantee.

15.3

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

Each paragraph of these terms operates separately.

15.4

These terms are governed by English law and you can bring legal proceedings in the English courts.

Schedule 1

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Crownhill Conservatories Ltd
Plymouth Garden Centre, Crownhill, Plymouth PL6 5NU

Telephone: 01752 786015
Email: [email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date ____________________________

[*] Delete as appropriate