The Seller shall sell and the Customer shall purchase the Goods which shall be installed by the Seller in accordance with any Order completed by the Customer which is accepted by the Seller. These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Customer.
1. Definitions and Interpretation
1.1 In these Terms and Conditions the following terms shall have the following meanings:
“Calendar Day” means any day of the year;
“Cancellation Form” means the form attached to these Terms and Conditions as set out below
“Cancellation Notice” means the notice attached to these Terms and Conditions as set out below or such other written document containing the same information, produced by the Customer;
“Contract” means the contract for the purchase and sale of the Goods and Services under these Terms and Conditions;
“Customer” means the individual purchasing the Goods and Services from the Seller who shall be identified in the Order;
“Goods” means the goods which the Seller is to supply in accordance with these Terms and Conditions which shall be installed as part of the Services;
“Order” means the customer’s completed order for the purchase and provision of Goods and Services;
“Payment Information” means all information required to take the required payments from the Customer and includes, but is not limited to residential address details.
“Seller” means Atrium Conservatories Ltd, The Old Foundry, Victoria Road, Kington, Herefordshire. HR5 3DA;
“Services” means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order, which shall involve the installation of the Goods purchased by the Customer.
2. Basis of Sale
2.1 Sales Literature issued by the Seller in relation to the Goods and Services is subject to alteration without notice.
3. Orders and Specifications
3.1 The Seller shall use its best and reasonable endeavours to meet the Customer’s Order for Goods in full in a single delivery.
4. Payment
4.1 All payments made to the Seller must be made in Pounds Sterling, subject to any written agreement to the contrary and all balances to be settled in full as per the agreed stage payment schedule.
5. Delivery
5.1 The cost of delivery shall not be deducted from any refund issued where a failure to deliver was the fault of the Buyer.
5.2 The Seller will use reasonable care and skill to perform the Services identified in the Order.
5.3 The Seller shall use all reasonable endeavours to complete its obligations under the Order, but time will not be of the essence in the performance of these obligations.
6. Notice of the Right to Cancel
6.1 Following confirmation of an order the seller will carry out a project survey as soon as is practical. The viability of the project will be considered in detail at this stage. If the seller considers the project not to be viable or not to be viable without considerable alteration then in this event the seller reserves the right to cancel the contract. Whereupon any deposit paid will be returned in full forthwith (less any costs incurred for Planning, Building Regulation approval)
6.2 The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008.
6.3 The Seller is Atrium Conservatories Ltd, The Old Foundry, Victoria Road, Kington, Herefordshire. HR5 3DA.
6.4 The Customer has the right to cancel the Contract within 7 Calendar Days of receipt of this notice (the “Cancellation Period”).
6.5 The Customer may be required to pay for Services provided and / or Goods installed if provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.
6.6 In the event that the Customer chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed in full and returned to the Seller at the address provided below. For completion and email submission to the Seller at the email address provided below.] All Cancellation Notices must be in writing. No other communication method will be accepted by the Seller.
6.7 Cancellation Notices must be sent to the Seller at the following address:
6.7.1 A Cancellation Notice sent by post or delivered by hand must be sent to: Atrium Conservatories Ltd, The Old Foundry, Victoria Road, Kington, Herefordshire. HR5 3DA
6.7.2 A Cancellation Notice sent by email must be sent to sales@atriumhereford.co.uk
6.8 Use of the Cancellation Form is optional; however all Cancellation Notices, in whatever format, must be in writing. The sale of good act 1979, as amended, and the supply of goods and services act 1972 provide rights in relation to faulty and mis-described goods. In event of faulty goods the above acts apply.
7. Liability
7.1 The Seller shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control.
8. Notices
8.1 All notices under these Terms and Conditions shall be in writing.
9. Force Majeure
Neither the Seller nor the Customer shall be liable for any failure or delay in performing their obligations under the Contract or arising out of these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
10. Law and Jurisdiction
10.1 This Agreement shall be governed by the laws of England and Wales.
10.2 Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.