TERMS AND CONDITIONS
The following page Contains our Terms and conditions and Website Terms of Use
Version V1.2 (24-08-2023)
In
these terms:
"Products" means any installation services or products
manufactured, supplied, or installed by Window Film Factory and the subject of
the order made by You.
"You", "Your" and the
Purchaser, means the person ordering products from Window Film Factory.
"Window Film Factory" or "we", "us",
"our" or "the seller" means Window Film Factory.
"order" means an order written or verbal from you duly
excepted by us
Our "enquiry line" means the telephone
number 01752 837278
"the contract" or “the order” means the contract for
sale and purchase of the products made between the Seller and the Purchaser to
which these Conditions apply.
"Conditions" means the standard terms and conditions of sale
set out in this document and (unless the context otherwise requires) includes
any special terms and conditions agreed in writing between the Purchaser and
the Seller.
"Writing" means email or any comparable means of electronic
communication or physical correspondence.
Terms and Conditions
1.
OUR CONTRACT
A legally binding contract with You will only arise once Window Film Factory
has received payment for the products in full from you.
2.
PRODUCT DESCRIPTIONS, SPECIFICATIONS AND SURVEY
2.1 The order shall be detailed on: (i) if products are ordered directly from
our website, an order confirmation email summarising the product(s) ordered (ii)
if an order was placed manually over the telephone or via written
correspondence, a written invoice or written pro-forma invoice including a
detailed specification of the product(s) to be ordered or manufactured.
2.2 All technical specifications, information and particulars in relation to
the products and made available by Us are believed to be true at time of
publication but do not constitute a warranty or guarantee.
2.3 The product photographs and illustrations contained within Our website are
provided for illustrative purposes only and We cannot warrant that they are
100% accurate. If You are in any doubt as to the precise nature of the product
You wish to order, You are advised to request a sample.
2.4 Whilst every attempt will be made by Window Film Factory to ensure that the
products sold and delivered match in every respect any sample or description
shown or given or sent to You, any minor or immaterial variation or change in
colour or pattern between the sample or description and the products delivered
shall not entitle You to reject the products nor to claim any compensation for
such variation or change.
2.5 Where particular window film products have known compatibility issues with
particular glazing types, We will detail these issues and any associated risks
on the appropriate product page on Our website. You are advised to contact us
for further advice.
2.6 It is the responsibility of the Purchaser to ensure that the products are
suitable for any particular application.
2.7 Some orders may require a detailed survey to undertake measurements and
specifications for the products. Should this be required one of our team will
arrange a suitable time for this to take place.
2.8 Should the results of the survey identify amendments to the order which would
change the price then we will notify you of such price change whereupon you
have the right to proceed with or cancel the order at your discretion. Should
you choose to cancel the order we shall promptly refund any sums paid by you in
respect of the order.
2.9 Where a survey has been pre-arranged, the cost (if any) will be agreed in
advance, and either paid in advance or included in the final invoice.
2.
PRICE AND PAYMENT
2.1 Window Film Factory is micro family business and not VAT Registered - No
VAT has been charged.
2.2 Payment of Our invoices or payments made through our website, constitutes
acceptance of Our terms and conditions.
2.3 We will bank cheques and process credit cards when We receive Your order or
as soon as reasonably practicable thereafter. Any cheques which do not clear
will result in Your order being suspended, pending monies clearing. Should this
situation arise, We will advise You in writing. In these circumstances,
delivery dates will be compromised and out of Our control and good will.
2.4 Window Film Factory reserves the right, by giving notice to You at any time
before production, to increase the price of the products to reflect any
increase in the cost to us which is due to any factor beyond our control, (such
as, without limitation, any alteration of duties, significant increases in
labour, materials or other costs of manufacture, change in delivery dates,
quantities or specifications for the products) which is requested by You.
2.5 Any quotation given by us shall not constitute an order and is only valid
for a period of 90 business days from its date of issue. We may extend this
period at our discretion.
2.6 All payments for products and services must be paid in full before production
and/or installation, and payment will be automatically deducted from your
preauthorised card. Should payment not be received, any installation or
delivery of products will be postponed until the point at which the full
payment has been received.
2.7The prices of the products (except custom
quotes confirmed in writing) will be as quoted on our site at the time you
submit your order. We take all reasonable care to ensure that the prices of products
are correct at the time when the relevant information was entered onto the
system. However, please see clause 2.9.1 for what happens if we discover an
error in the price of product(s) you ordered.
2.8Prices for our Products may change from time
to time, but changes will not affect any order you have already placed.
2.9The price of a product does not include
delivery charges. Our delivery charges are as advised to you during the
check-out process, before you confirm your order.
2.9.1Our site contains a large number of products.
It is always possible that, despite our reasonable efforts, some of the products
on our site may be incorrectly priced. If we discover an error in the price of
the products you have ordered we will contact you to inform you of this error
and we will give you the option of continuing to purchase the product at the
correct price or cancelling your order. We will not process your order until we
have your instructions. If we are unable to contact you using the contact
details you provided during the order process, we will treat the order as
cancelled and notify you in writing. Please note that if the pricing error is
obvious and unmistakeable and could have reasonably been recognised by you as a
mispricing, we do not have to provide the products to you at the incorrect
(lower) price.
3
DELIVERY
3.1 Delivery of the products shall be made by Us to the place specified in Your
order or to a location accepted by Us.
3.2 Any delivery, supply or installation date or time confirmed by us is an
estimate only, and we will not be liable to you for any loss sustained by you
if we fail to meet that time scale because of circumstances beyond our
reasonable control (including, for the avoidance of doubt and without
limitation, any loss of income or revenue, loss of business, loss of
anticipated savings, loss of data or any waste of time related to a cancelled
installation appointment).
3.3 You will undertake to inspect the products
on delivery and shall no later than the close of business on the next business
day, and in writing within 5 business days, notify Us of any alleged defect or
shortage in quantity, damage or failure to comply with the description or order
and shall include details of the product type’ the quantity, the defect, and
location of the products, whether or not installed. If You fail to comply with
any of these provisions, then the products shall as between shall as between
you and us be conclusively presumed to be in accordance with the terms of the
order and free from any defect or damage which would be apparent on a
reasonable examination of the products. In the event that you have installed
any such products and any defect could, in Our opinion, have been apparent upon
inspection prior to installation then the You shall have no claim whatsoever.
4 INTERNATIONAL
DELIVERY
4.1We deliver to the countries outside of the
UK. Delivery charges for International Delivery Destinations vary and please
see our shipping rates page for more details.
4.2 If you order Products from our site for delivery to one of the International
Delivery Destinations, your order may be subject to import duties and taxes
which are applied when the delivery reaches that destination. Please note that
we have no control over these charges, and we cannot predict their amount.
4.3You will be responsible for payment of any
such import duties and taxes. Please contact your local customs office for
further information before placing your order.
4.4You must comply with all applicable laws and
regulations of the country for which the Products are destined. We will not be
liable or responsible if you break any such law.
5 CONSUMER
RIGHT OF RETURN AND REFUND OR CANCELATION OF THE CONTRACT (ORDER)
(This clause only applies if you are a consumer i.e. a person who is buying a
Product for their own personal use and not for commercial use).
5.1If you are a consumer, you have a legal
right to cancel a contract under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 during the period set out
below (subject to clause 5.2below). This means
that during the relevant period if you change your mind or decide for any other
reason that you do not want to receive or keep a Product, you can notify us of
your decision to cancel the contract and receive a refund. Advice about your
legal right to cancel the contract is available from your local Citizens'
Advice Bureau or Trading Standards office.
5.2 However,
this cancellation right does not apply in the case of any products that are
bespoke and made-to-measure to your requirements. As such, they fall into the
category of tailor-made products under the Consumer Contracts Regulations 2013
and (subject to clauses 5.5below) you will not
therefore be able to cancel your order for any product(s) once placed, provided
that this will not affect your legal rights as a consumer in relation to
bespoke and made-to-measure products that are faulty or not as described. Please
be aware, that the majority of products available through our website are
bespoke.
5.3Your legal right to cancel a contract starts
from the date of the Dispatch Confirmation (the date on which we e-mail you to
confirm our acceptance of your order), which is when the contract between us is
formed. Your deadline for cancelling the contract then depends on what you have
ordered and how it is delivered, as set out in the table below:
5.4Your legal right to cancel a contract:
5.5 Notwithstanding
clause 5.2 above, you have a period of 14 working days in which you may
cancel. The cancellation period ends at the end of 14 days after the day on
which the products come into the physical possession of the consumer, or a
person, other than the carrier, identified by the consumer to take possession
of them. Our preferred method of cancellation is by email to
info@windowfilmfactory.co.uk to ensure traceability. Your notice of cancellation
will be deemed to have been served on and will take effect from the day it is
given to us.
5.6 Working days means that Saturdays, Sundays or public holidays are not included in this period.
5.7If you have ordered multiple products which are delivered on separate days, then the end date is 14 days after the day on which you receive the last of the separate Products ordered.
5.8To cancel a contract, you must contact us in writing by sending an e-mail to info@windowfilmfactory.co.uk or by sending a letter to 36 Birchland Road, Sparkwell, Plymouth PL7 5DNYou may wish to keep a copy of your cancellation notification for your own records.
5.9If you cancel your contract we will refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be acceptable.
5.9.1As a consumer, you will always have legal rights in relation to a Product that are faulty or not as described. These legal rights are not affected by the returns policy in this section or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
5.9.2If you are: (i) cancelling your order under clause 5.5 above; or (ii) ending the contract for the reason that you have a legal right to end the contract because of something that we have done wrong, the contract will end immediately and we will refund you in full for any product(s) you have paid for that have not been provided or have not been provided properly.
5.9.3Non-Bespoke products that are eligible for a refund, must be returned unused and in the same condition and packaging that you received it.
5.9.4You will be responsible for paying for your own shipping costs for returning your item.
5.9.5Please see, we cannot guarantee that we will receive your returned item.
6 IF
YOU ARE A BUSINESS CUSTOMER
(This clause only applies if you are a business customer)
6.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
6.2. These Terms and Conditions, Privacy Policy, Website Terms of Useconstitutes the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us (written or oral) relating to its subject matter.
6.3. You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or our Privacy Policy, Website Terms of Use.
7
CANCELLATION BY US
7.1 We reserve the right to cancel Your order if We have insufficient stock to
deliver the products. If We do cancel Your order, We will notify You and will
refund your payment as soon as possible but in any event within 30 days of Your
order. We will not be obliged to offer any additional compensation for
disappointment suffered.
8
STOCK SHORTAGES
8.1 If the products You order are unavailable, We will notify You as soon as
possible and suggest a suitable replacement.
9
WARRANTIES
9.1 We warrant that the products supplied shall be in accordance with the
description expressly listed on the invoice.
9.2 We warrant that the products are sold with good title.
9.3 We have the right to make good by repair or replacement, or reimbursement
in whole or in part, any products proved to Our satisfaction to be faulty.
9.4 Window Film factory has a goodwill policy, (at our
discretion) of replacing any products that we do not deem to be faulty, at half
cost of the individual items (excluding postage).
9.5 All other warranties, conditions or terms relating to fitness of purpose,
quality or condition of the products whether express or implied by the statute
of common law or otherwise are excluded to the fullest extent permitted by law.
9.6 Any alleged visual defect may be assessed by Us in accordance with the UK
Industry Standard.
9.7 Without prejudice to the generality of the foregoing, unless otherwise
specifically agreed in writing by an authorised representative of Us no
warranty whatsoever will be given as to the peel strength of the products.
9.8 In the event that You fail to follow absolutely all the instructions
relating to the products, supplied by the manufacturer or us, then You shall
have no claim whatsoever.
10
GUARANTIES
10.1 Subject to condition 3.3, in respect of all products manufactured and
supplied to Us by third parties We will we will pass on to You (in so far as
possible) the benefits of any warranty given to us by any such third parties
and will (on request) supply to You details of the terms and conditions of such
a warranty and You shall be solely responsible to the entire exclusion of Us
for complying with all of these.
10.2 Our liability under this condition shall be to the exclusion of all other
liability whether contractual, tortuous or otherwise for defects in the Products
if for any loss or damage to or caused by the Products, and all other
conditions, warranties, stipulations or other statements whatsoever concerning
the Products, whether express or implied, by statute, at common law or
otherwise howsoever, are hereby excluded; in particular (but without limitation
of the foregoing) We grant no warranties regarding the fitness for purpose,
performance, use, nature or quality of the Products, whether expressed or
implied, by statute, at common law or otherwise howsoever.
11
ECONOMIC LOSS
9.1 In no circumstances shall We be liable, in contract, tort (including
negligence or breach of statutory duty) or otherwise howsoever, and whatever
the cause thereof.
9.2 for any loss of profit, business, contracts, revenues, or anticipated
savings, or
9.3 for any special indirect or consequential damage of any nature whatsoever.
12
LIMITATION OF LIABILITY
12.1 Our liability to You in respect of the Order, in contract, tort (including
negligence of breach of statutory duty) or howsoever otherwise arising, shall
be limited to damages which shall not exceed the price of the Products.
13
REPRESENTATIONS
13.1 No statement, description, or recommendation contained in any brochure,
price list, advertisement, communication, the pages of Our website or by any
employee or agent of Window Film Factory shall be interpreted so as to enlarge,
vary or override in any way, any of these terms and conditions.
14
EVENTS BEYOND OUR CONTROL
14.1 We shall have no liability to You for any failure to deliver Products You
have ordered or for any delay in doing so or for any damage or defect to Products
delivered that is caused by any event or circumstance beyond Our reasonable
control including without limitation, third party default, strikes, lock-outs
and other industrial disputes, breakdown of systems or network access, flood,
fire, explosion or accident.
15
INVALIDITY
15.1 If any part of these terms and conditions is unenforceable (including any
provision in which We exclude Our liability to You) the enforceability of any
other part of these conditions will not be affected.
16
PRIVACY & DATA PROTECTION
We only use your personal information in accordance with our Privacy
Policy. Please read this Policy to ensure you are aware of some important
terms applicable to you.
www.windowfilmfactory.co.uk/privacy-statement.htm
17
THIRD PARTY RIGHTS
17.1 Except for Our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right under the UK Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this agreement, but
this does not affect any right or remedy of a third party that exists or is
available apart from that Act.
18
GOVERNING LAW
18.1 This contract is subject to English law and the exclusive jurisdiction of
the English courts.
Website Terms of Use
INSTALLATION OF YOUR FILM
Our fitting instructions will be included with your delivery.
Please follow the instructions carefully to avoid the most common installation
problems.
The instructions we provide, are based on tried-and-tested, industry
standard methods and have been successfully used since 2003.
We keep instructions concise, because lengthy or overly detailed instructions can
cause their own issues; therefore, our instructions should only serve as a
guide.
Of course, we have no control over DIY installations and cannot guarantee that
problems won’t arise (which they do from time to time).
Please get in touch, if you have any questions regarding DIY installations or check out our Installation Tips & Troubleshooting page for more details.
Window Film Factory will not be held responsible for any problems encountered whilst installing your products. These include, but are not limited to, the presence of bubbles, scratches, crease, cracked or broken windows, personal injury etc.
FREE PROOF OFFER - TERMS AND CONDITIONS
The sole purpose of a free proof is to give the potential customer a brief
idea of what their window film will look like. All proofs are low resolution,
with the word 'proof' written across them in semi-transparent text.
Once you receive your PDF proof, you are responsible for verifying the accuracy of all art file elements including, but not limited to, text and image proportion and placement, as contained within the proof. Production of your window film will proceed only after a proof has been approved by you, either verbally or by email. If you decide not to proceed with your order, no charge will apply.
Window Film Factory reserves the right, not to offer a free PDF proof. Reasons for refusal include, but are not limited to, the proposed idea not being suitable for frosted window film treatment, due to window film size restrictions, design complexity and/or manufacturing equipment limitations.
CONTENT
The content of the pages of this website is for your general information
and use only. It is subject to change without notice.
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Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
View our Internet Privacy Policy
