Please read the terms and conditions of this agreement carefully as it governs your relationship with Keylite Roof Windows Limited (the “Company”, “we” or “us”) to you (the “individual”) and limits the liability of us to you.
By clicking “Place Order” at the checkout screen you are agreeing to these terms applying to the relationship between you and us. References to “you” and “your” are to you as an individual. If you use the Site or purchase goods in the course of your business, you are also agreeing to these terms on behalf of that business and references to “you” and “your” include your business.
1. Price & Payment
1.1. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order. The dispatch of your order brings into existence a legally binding contract for the sale and purchase of the goods ordered between you and us.
1.2. The prices payable for goods that you order are as set out on the Site and are inclusive of any applicable VAT or other taxes.
1.3. You shall make all payments due without any deduction whether by way of set off counterclaim discount abatement or otherwise.
2. Right to cancel your contract/returns
2.1. To cancel your contract you must notify us in writing by post or email to request a goods return note. Your returns request must contain your contact details plus the order reference and description of the goods you wish to return. At the time of cancellation, should the goods not have entered the manufacture stage, you will not have to pay a penalty. The nature of the goods is such that these are made to order. Agreed fees will therefore apply in respect to the stage in manufacture, should you cancel after these have entered production. Upon receipt of the goods, should you wish to return, restocking fees will be applied. Please note: £30 + VAT restock per solar or electric blind, £7.50 + VAT per manual blind Written confirmation of agreement to these fees will be required.
2.2. To cancel your contract, then you must send the goods back to us undamaged. If you have received the goods before you cancel your contract then you must send the goods back to us undamaged. The goods must not have been fitted and the packaging should be in good condition. You must treat the goods as you would if you were inspecting them in a retail environment. Before we can issue your refund we will inspect the goods to ensure that their value has not been diminished by you.
2.3. You are responsible for the cost of returning the goods and for their condition on arrival at Keylite. Goods must be returned in their original packaging, unopened and in the same condition as when delivered to you or made applicable for collection. All items must be returned sufficiently protected so as to avoid any damage. Keylite will provide an option to drop off goods at a local store for collection or make available a collection from an agreed address via courier; both of which will incur an agreed charge.
2.4 Once you have notified us that you are cancelling your contract in accordance with clause 2.1 any sum debited to us from your credit or debit card will be credited to your account within 14 days of your cancellation where you have not already received the goods or 14 days following our receipt of the returned goods, provided you have complied with your obligations under clause 2.2 to return the relevant goods and packaging in an unused and undamaged condition. We will be entitled to deduct the direct costs of recovering the goods (if you fail to comply with the above provisions) and/or delivery and/or collection costs due from you, and/or a deduction which reflects any damage which has diminished the goods value, from the amount to be re-credited to you.
3.1. You will become the owner of the goods you have ordered when they have been delivered to you or, if later, when payment in full for the goods and all associated costs and charges has been made. Once goods have been delivered they will be held at your own risk and we will not be liable for their loss or destruction. Where goods are to be collected risk passes at the time when the goods are made available for collection (and you have been notified of same. Notice here shall include verbal or telephone notice).
3.2. Any dates quoted for delivery are approximate only and neither we nor the stockist shall be liable for any delay in delivery of same however caused. Time for delivery shall not be of the essence.
4. Limitation of Liability
4.1. All warranties, conditions and other terms implied by statute or common law or otherwise are to the fullest extent permitted by law excluded from this Agreement.
4.2 Notwithstanding the above provisions of this clause 4, our liability will not be limited in the case of our fraud or for death or personal injury caused by our negligence and nothing in this Agreement is intended to limit any rights you might have as a consumer under applicable local law (if you are contracting as a consumer) or other statutory rights that may not be excluded.
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 4.3
Subject to clause 4.2:-
4.3. We shall have no liability to you hereunder (including without limitation liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, any consequential loss or damage (including business losses such as lost data, lost profits or business interruption), costs, expenses or other claims for consequential compensation whatsoever howsoever caused.
5 Returns for defective goods
5.1. Without prejudice to your rights under clause 2, you shall inspect the goods upon receipt and shall be deemed to have accepted same unless within 14 days of delivery or of same being made available for collection as applicable, (notified to you as set out above) you shall have notified us in writing of any defect, error or fault.
- All claims must be made in writing, and submitted by email or post, within 14 days of the delivery date.
- You must include photographic evidence of the damage caused, to both the packaging (if evident) and goods inside.
5.2. Unless there has been a dispatch error or product fault no refunds will be made in respect of carriage charges on returns.
5.3. Where any goods are defective and you have notified us in accordance with clause 5.1 above the stockist shall at its option either provide a refund of the price paid or repair the defective goods or provide replacement goods.
6. Replacement under guarantee
6.1 A replacement shall be made free of charge by replacing the old product with a new product (f) of the same kind, type and quality. If, at the time when the complaint is made, the product is no longer in production or is not made in exactly the same version (form, colour, covering, finish etc.), KEYLITE shall be entitled to replace it with a similar product. Provided that such costs have been agreed by KEYLITE before they are incurred, KEYLITE will pay all costs relating to the transportation/dispatch of the replacement product to and from KEYLITE and/or the dealer, the any covering with a tarpaulin or other special measures. KEYLITE will not be responsible for the dismantling and re-installation of the product, which should be carried out by the home owner/dealer.
7.1 All notices shall be given to us via email at firstname.lastname@example.org; Save as otherwise provided herein, all notices to you shall be given at either the email or postal address you provide during any ordering process.
7.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
8.1 Every right or remedy of the Company or the stockist under this Agreement is without prejudice to any other right or remedy of the Company or the stockist whether under this Agreement or not.
8.2 If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness be deemed severable and the remaining provisions of the agreement and the remainder of such provision shall continue in full force and effect.
8.3 Failure or delay by the Company or the stockist in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any of their respective rights under this Agreement.
8.4 Any waiver by the Company or the stockist of any breach of or any default under any provision of the contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of this Agreement.
8.5 The formation, existence, construction, performance, validity and all aspects of this Agreement shall be governed by Northern Irish law and the parties submit to the non exclusive jurisdiction of the Northern Irish courts.
T. 028 8675 8921
F. 028 8675 8923
Derryloran Industrial Estate,
VAT no: GB 778 5734 68