Terms and Conditions

Terms and Conditions 2018-03-28T14:45:26+00:00

Langleys Conservatories and Windows Ltd.

Our terms and conditions

These terms

These are the terms and conditions on which we supply services to you.

1.2          Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

Information about us and how to contact us

2.1          We are Langley Conservatories & Windows Limited a company registered in England and Wales. Our company registration number is 05271791 and our registered office is at Suite 4, Est Barton Barns, East Barton Road, Great Barton, Bury St. Edmunds, Suffolk IP31 2QY. Our registered VAT number is 521071889.

2.2          You can contact us by telephoning our consumer service team at 01284 760345 or by writing to us at [email protected]

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

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

Our contract with you

3.1          Our acceptance of your order will take place when we tell you that we are able to provide you with the services, at which point a contract will come into existence between you and us.

3.2          If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.

3.3          We will assign an order 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 order number whenever you contact us about your order.

3.4          Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our brochures or on our website, are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of our contract with you or have any contractual force.

3.5          Our website and brochure are solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

3.6          In carrying out the services, you grant to us, an irrevocable, non-exclusive, non-terminable, royalty-free licence to use photographs and details of the installation for the purposes of our own self-promotion and marketing including but not limited to including details of the installation on our website.

 

 your obligations

4.1          You will:

(a)          ensure that the terms of the order and any information you provide to us are complete and accurate;

(b)          co-operate with us in all matters relating to the installation;

(c)           provide us with such information and materials as we may require and ensure that such information is accurate in all material respects;

(d)          obtain and maintain all necessary licences, permissions and consents which may be required before the installation start date; and

(e)          comply with any other reasonable requests made by us.

4.2          If the performance of any of our obligations are prevented or delayed by any of your acts or omissions or a failure by you to perform any relevant obligation (Customer Default):

(a)          we will have the right to suspend the installation until you have remedied the Customer Default;

(b)          we will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as a result of the Customer Default; and

(c)           you will reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

Our products

5.1          All glass sealed units will be manufactured to meet the standards set out in the Glass and Glazing Federation 2009 Quality of Vision guidelines.

5.2          Although we make every effort to ensure that the glass we use is free from defects, you accept that the glass used in double glazing is a processed glass and as a consequence, blemishes are expected, including but not limited to visual distortions, transient visual effects (e.g. looks cloudy on the surface), double reflection, and the rainbow effect.

5.3          Although we make every effort to ensure that our timber frames are similar, appearances will vary because these products are handmade from natural wood. Some woods will mellow with age and exposure to sunlight. When you are purchasing our timber frames, you are buying raw materials where varying degrees of distressing is generally applied. This may involve wood splits, wood filling and knots. Therefore, we cannot guarantee that the timber used will be of uniformed appearance or that it will be similar as other items on our website.

5.4          All uPVC and timber frames will be built in accordance with manufacturers tolerances.  Typically, a tolerance of + or – 4mm per metre.  You will not be entitled to reject the products in these circumstances. 

5.5         Please be aware that UPVc timber effect frames and composite timber effect doors can vary slightly in their colour from one item to another, making them more authentic in appearance 

Your rights to make changes

If you wish to make a change to the services, 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 services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes

7.1          We may change the services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the services.

7.2          In addition, we may make changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract.

Providing the services

8.1          We will supply the services to you from the date set out in the order. The estimated completion date for the services is as told to you during the order process.

8.2          We will use our reasonable endeavours to meet any performance dates specified in the order, but any such dates shall be estimates only and time shall not be of the essence of the contract.

8.3          If our performance of the services is affected 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.

8.4          If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you the 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 12.2 will apply.

8.5          We may need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not provide us with this information, within a reasonable time of us asking for it, or you provide us with incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.6          We may have to suspend the services to:

(a)          deal with technical problems or make minor technical changes;

(b)          update the services to reflect changes in relevant laws and regulatory requirements;

(c)           make changes to the services as requested by you or notified by us to you.

8.7          We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 3 months you may contact us to end the contract and we may refund some of the money you have paid in advance for services not provided to you.

8.8          If you do not pay us for the services 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 the services until you have paid us the outstanding amounts.

the installation

9.1          Subject to clause 9.2, we will make good damage to your property caused by us while carrying out the installation. 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.

9.2          We will use our reasonable endeavours to make good any damage caused by us during the installation including rendering brickwork and plastering walls.  However, we are not responsible for the cost of replacing tiles, wallpaper or for any decorating costs after we have made good.

9.3          While floor coverings will be used to cover carpets and wooden flooring to prevent them being dirtied or damaged, you accept that the installation work will create dust and dirt and we will not responsible for the costs of cleaning in the event that dirt and/or dust is transferred onto your carpet or wooden flooring. 

9.4          If having started the installation, we find

(a)          that structural work is necessary to enable us to complete the installation

(b)          unforeseen service media (including water, gas, electricity and sewage);

(c)           substances hazardous to health (including but not limited to asbestos)

you agree that we can (i) carry out any additional work required at our standard rates or (ii) instruct independent third-party contractors to carry out the work on your behalf and you agree to be responsible for any additional charges.

9.5          Any material removed from the site by us during the course of the installation will belong to us on removal unless agreed before the installation start date.

9.6          You accept that during the course of the installation it may be necessary to store materials and waste products on site. Until completion of the installation, you agree to store the materials safely, not remove, deface or obscure any identifying mark or packaging on and maintain the materials in their original condition.

quality

10.1        We warrant that at the time of installation, all extensions, conservatories, windows and doors shall:

(a)          conform with their description; and

(b)          be free from material defects in design, material and workmanship; and

(c)           be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d)          be fit for any purpose held out by us and

(e)           are subject to the individual manufacturers terms and conditions relating to quality.   

10.2        Subject to clause 10.3, if:

(a)          you give us notice in writing within a reasonable time of discovery that some or all of the products installed do not comply with the warranty set out in clause 10.1; and

(b)          we are given a reasonable opportunity of examining the products,

we will, in our absolute discretion, repair or replace the defective products, or refund all or part of the price of the defective products.

10.3        We will not be liable for any failure to comply with the warranty set out in clause 10.1 in any of the following events:

(a)          you make any further use of the products after giving notice in accordance with clause 10.2;

(b)          the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the products or (if there are none) good trade practice regarding the same;

(c)           you alter or repair the products without our written consent;

(d)          you have not paid for the installation (including products and labour) in full;

(e)          the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(f)           the products differ from your original order as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

10.4        Except as provided in this clause 10, we will have no liability to you in respect of the conservatories, windows or doors’ failure to comply with the warranty set out in clause 10.1.

10.5        The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

10.6        These Conditions shall apply to any repaired or replacement products supplied by us.

Your rights to end the contract

11.1        You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

11.2        If you are ending the 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 services which have not been provided or have not been properly provided. The relevant reasons are:

(a)          we have told you about an upcoming change to the services or these terms which you do not agree to;

(b)          we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

(c)           there is a risk the services may be significantly delayed because of events outside our control;

(d)          we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 3 months; or

(e)          you have a legal right to end the contract because of something we have done wrong.

11.3        If you are not ending the contract for one of the reasons set out in clause 11.2, the contract will end immediately but we will charge you reasonable compensation for the net costs we will incur as a result of your ending the contract including but not limited to the full costs of any products manufactured specifically for your property and our labour charges on a pro-rata basis.

Our rights to end the contract

12.1        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 services; or

(c)           you do not, within a reasonable time, give us access to your property to enable us to provide the services to you.

12.2        If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for services we have not provided but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

If there is a problem with the services

13.1        If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our consumer service team at 01284 760345 or by emailing us at [email protected]

13.2        In the unlikely event there is any defect with your conservatory, window, doors or the installation of them, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can.

Price and payment

14.1        The price of the services (which includes VAT) will be the price set out in our quotation or as we have agreed otherwise in writing with you.  This price will only become fixed and a contract formed on your signing our order, paying a deposit and agreeing to out terms and conditions.

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

14.3        You must make an advance payment of 25% of the price of the installation, before we start. The total price for the installation shall be paid in instalments when certain milestones are reached.  All amounts due to us shall be paid by you in full without any set-off, counterclaim, deduction or withholding. On achieving a milestone, we will invoice you for the charges that are then payable, together with any additional charges if appropriate.

14.4        We will provide you with a final invoice for the balance of the price of the installation on completion.  Payment of the balance must be paid in full on the day of completion. We accept payment by cash, cheque, bank transfer and debit card.

14.5        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 Barclays Bank PLC 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.

14.6        Failure to pay the sums due by their due date will invalidate any guarantee or warranty that we give to you.

Our responsibility for loss or damage suffered by you

15.1        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; or for breach of your legal rights in relation to the services.

15.2        We only supply the services for domestic and private use. If you use the products or our services 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 or any indirect or consequential loss.

GUARANTEE

16.1        We offer the following guarantees on original and replaced components unless specified in writing.

16.2        Replacement sealed glass units for a period of 5 years

(a)          5 years where installed in proprietary Aluminium or uPVC double glazed windows or doors.

(b)          Two years where installed in any other material or frame not constructed or manufactured specifically to contain double glazed units such as timber.

16.3        Replacement/new hardware components for a period of five years.  This does not include decorative service coating and finishes which are subject to normal wear and tear and vagaries of weather.

16.4        Workmanship for a period of five years.

PROVIDED THAT

16.4        You have followed all operating, care and maintenance procedures.

16.5        We have received full payment for the products and the installation services by the due dates.

16.6        You have notified us within 10 days of discovery.

How we may use your personal information

17.1        We will use the personal information you provide to us to:

(a)          provide the services;

(b)          process your payment for such services; and

(c)           if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

17.2        We will only give your personal information to third parties where the law either requires or allows us to do so.

Other important terms

18.1        We may transfer our rights and obligations under these terms to another organisation.

18.2        You may only transfer your rights or your obligations under these terms to another person with our written consent.

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

18.4        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.

18.5        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 do not have to do those things or prevent us taking steps against you at a later date.

18.6        These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

18.7        Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit a complaint to FENSA Limited, Newspaper House, 40 Rushworth Street, London, SE1 0RB tel: 020 7645 3700 fax: 020 7407 8307 email: [email protected] FENSA will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.