Section 1. – General Terms and Conditions of Use
Section 2. – Privacy, Data Protection and Information
Section 3. – Terms & Conditions of Sale
General Terms and Conditions of Use
www.home-awnings.co.uk is a website owned and managed by Home Awnings and is referred to below as the “Site”.
In these terms and conditions of use ‘we’ and ‘us’ mean Home Awnings, a company incorporated under the Laws of England and Wales
This Site is maintained for your personal use and viewing. Access and use by you of this Site constitutes acceptance by you of these terms and conditions of use. This version of the terms takes effect from 1st December 2014.
These terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute in connection with these Terms and conditions of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Acknowledgment of electronic mail
If you send us a communication electronically, we will generally acknowledge it within 1 working day. If we do not, please contact us again. Since transmission by e-mail is a reliable but not an infallible means of communication, proof of transmission should not be taken as proof of receipt.
Confidentiality and Security
There is no guarantee that the contents of any e-mail you send to us will remain confidential during internet transmission. The internet is not a 100% secure medium of communication and, accordingly, we cannot guarantee the security or confidentiality of any information transmitted via the internet. We are not responsible for any damages you, or others, may suffer as a result of the loss of confidentiality of such information.
Virus and Malware Protection
We make reasonable efforts to check and test material on the Site at all stages of production. However, you should always run an anti-malware program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this Site.
When you visit our site, we may attach a “cookie” to your browser. A cookie may enable us to identify you from your address on the Internet, track pages you have visited on this site and identify items that may be of interest to you. If you would prefer that we did not collect data by this method, you can disable this function within your browser settings. Please be aware, however, that without cookies you may not be able to use the full functionality of the Site.
Privacy, Data Protection and Information
This Site is owned by Home Awnings. By submitting information about yourself or others within this Site, you on your behalf and on their behalf consent to its use as set out in this consent notice. We may also record information about the way you have used our Site to improve the way it operates.
Personal data that you provide us with will be processed in accordance with the Data Protection Act 1998 and our registration under that Act. We need this data to help us to provide you with details of goods and services and for research purposes.
We may contact you by e-mail in order to provide the goods and services relevant to your enquiry or which we believe may be of interest to you. In any event we permit you to opt out from those e-mails at any time in the future.
Any communication you make with us may be monitored for quality control and security purposes.
In accordance with data protection legislation, we provide a means for you to check and where appropriate amend the personal data about you which we have recorded.
Intellectual property and Copyright
Except as indicated otherwise, all intellectual property rights in the information, text, graphic images, logos, features or functions, and layout (including the “look and feel”) contained in this Site are the exclusive property of Home Awnings and are subject to copyright protection.
Copying or use of our text, images and logos or of the text, images or logos of any third party on this Site is not permitted without prior approval from the relevant copyright owner. However, you may download or print any pages from this Site for personal, non-commercial use, provided you do not remove any copyright notices shown on those pages. If you are a business, please note that you may still download or print the pages, provided the downloading or printing is incidental to your business and the purpose of doing so is not to use the material that you download or print as the basis for your business. Any resale or further publication of the material downloaded or printed from this Site is prohibited.
You accept full responsibility for the validity, accuracy and transmission of information you send to us. Without limitation, we do not accept any responsibility for the loss, delay or corruption of any information you send to us.
You should not interpret any information on this Site as providing any advice or recommendation that any particular transaction should or should not be effected or service obtained.
Where we indicate on the Site that certain goods and services are available we do not guarantee that those goods and services will always be available. Those goods and services may be withdrawn or modified at any time.
We reserve the right to alter the content, presentation, performance, user facilities and availability of all or any part of the Site at our sole discretion, at any time, and without giving any notice.
You must use your own judgment in making any decision based on information supplied on this Site. The Site is not designed to provide the sole source of advice regarding a particular subject (including without limitation regarding the goods and services included on the Site) and should not be interpreted by you as providing the sole source of advice on a particular subject. It is your responsibility to evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided on the Site.
In addition, where you are representing another person, you should not permit that person whom you are representing to regard the Site as providing the sole source of advice on a particular subject.
In no event shall we be liable (whether to you or to any third party whom you are representing) for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with (a) your access or use of, or your inability to access or use, this Site or (b) any transaction effected by you or us and arising out of your access (or arising out of access which has been purportedly made by you) to this Site or (c) information we provide to you.
The provisions of the sentence above shall not apply in respect of any claim you may have for cost or damages for death or personal injury resulting from our negligence.
Feedback and Complaints
If you have any feedback regarding this Site please send it to: firstname.lastname@example.org
Changes to these Terms and Conditions of Use
If we change these Terms and Conditions of Use, we shall post the changes on this page and we may place notices on other pages of the Site so that you and any other third party whom you are representing are aware of how we collect and use your and their information and under what circumstances it is disclosed. By continuing to use the Site, you will be deemed to signify that you agree to any such changes on behalf of yourself and on behalf of those others.
Terms & Conditions of Sale
In these terms and conditions of sale
‘The Company’ shall refer solely to Home Awnings
‘The Purchaser’ shall refer to an individual, individuals, business or businesses from whom orders are placed, and ‘Goods’ shall refer to any product or service offered by Home Awnings now or in the future.
These terms provide the basis for which the company trades, and form part of a contract when entered into by the purchaser. These terms will form the basis of any agreement unless: special contractual conditions are arranged with the purchaser in writing.
The company reserves the right to vary these terms and conditions as and when necessary or at the company’s discretion, however if the purchaser is in contract with the company, the company will refer to the terms and conditions in force at the time of sale.
IMPORTANT – ‘COOLING OFF PERIOD’
The customer is by law, allowed a ‘cooling off period, this allows the customer to change their mind about their purchase.
The customer is entitled to a 7 day from point of deposit taken opportunity to cancel/withdraw from the purchase, without offering a reason to the seller.
3) Prices and Charging
Prices are exclusive of VAT. The company reserves the right to amend this as determined by British Law.
The company will notify the purchaser of the appropriate charges for goods or services at the point of ordering, in unforeseen circumstances the necessary enquiries will be made and the purchaser notified accordingly.
The company has the right to make changes to its deals/offers as it deems fit, unless in contract with the purchaser then the company will refer to the deals/offers in force at the time of sale.
Goods will not be dispatched or services provided until paid in full, unless by prior arrangement.
The purchaser will not hold title of ownership of goods or services supplied by the company or part thereof, until payment has been received in full.
The purchaser is obligated to pay the outstanding balance on completion of services (goods) in full, unless there is an alternative agreement in place (subject to written contract) between the purchaser and the company.
Alternative agreements will only be offered by the company (subject to written contract) and agreed by the company and the purchaser, if a written contract is made between the company and the purchaser, the company reserves the right to use this document as a basis for any contract.
4a) Payment continued
Interest; The company reserves the right to charge interest for late payment of goods at 8% above the Bank of England base rate, which will be calculated at such times that an invoice falls overdue for payment.
The company reserves the right to request pre-payment for all or part of the goods or services supplied at the company’s discretion.
4b) Payment Methods
The Company accepts payments by Cash, Debit and Credit Cards, Chaps, Bacs, PayPal and Cheque
The company will offer the purchaser the option of a refund, if it is not possible to dispatch goods or services in a reasonable time frame.
The company reserves the right to allow 30 days for delivery from the time of order!
(This may be less) There may be times when availability of stock is in question, depending on seasonal demand and may be beyond our control. The company will take reasonable steps to ensure that goods or services are dispatched as soon as it’s practical. The company will do it’s best to inform the customer accordingly if there is a foreseeable delay, or offer a refund, if goods or services are unable to be delivered in a suitable time frame.
Upon delivery, the purchaser assumes the risk for the goods, whether paid for or not.
The purchaser must satisfy himself or herself that goods are received in good order upon receipt.
The purchaser must notify the company as soon as possible in the event no more than (three working days) of any damage or shortfall arising from delivery. We will accept notice by email or postal mail, outlining briefly what is wrong, so that we may make more detailed assessments of the problem.
We prefer to be informed by postal and email where possible.
The company reserves the right to use whichever courier or form of delivery it deems suitable for the purpose of delivery without consultation of the purchaser.
The company reserves the right to dispatch large orders in more than a single delivery, if conditions dictate.
The company will take reasonable steps to inform the purchaser accordingly.
Loss or damaged in transit
The company will replace goods lost or damaged in transit, providing:
a) The company is notified of loss or damage, as soon as possible and in writing within (three working days). The term (in writing) refers to postal mail or electronic mail via the Internet.
b) Defective or damaged goods are withheld and preserved by the purchaser, for inspection by the company.
c) Should the purchaser fail in these undertakings; the company may deem that goods have been delivered in accordance with our terms of business
The warranty as written below, applies to goods or services purchased direct from us.
We retain details of goods or services purchased for our records and to identify bona-fide purchasers.
The company warrants that it has title to offer goods for sale under its name. The company also sells products not registered under the Home Awnings name.
The company offers a free 12 month repair warranty on all repairs to new purchasers where it deems suitable, can be withdrawn at any time.
The company offers a 12 month part replacement warranty on all parts installed by our own engineers.
The company offers a manufactures Warranty/Guarantee on all new awning and canopy products from the date of sale.
The company may choose to market other brands at its discretion.
The company maintains that the item or items for sale are of sufficient quality and suitable for their intended purpose.
The company reserves the right to repair or replace faulty goods, as it deems suitable.
The company will not consider claims, where an item has been abused or used for any purpose for which it was not technically intended.
The company makes regular tests on its products to ensure that they are fit for their intended use.
Instruction leaflets are supplied to facilitate the correct use and care of the products we sell.
The company does not test goods for any alternative use or purpose and offers no warranty in respect of any other use for what it is designed for.
The company will not be held liable for any damage occurring as a result of misuse of its products or legal action brought about as a result of misuse of its products.
Return of faulty goods. The company may arrange return or reimburse the purchaser with the cost thereof, if goods supplied are not fit for their intended purpose.
The company reserves the right to sell items from third party suppliers as deemed necessary. The company will uphold any warranty offered by the original manufacturer/retailer.
The company will accept at its discretion returns where goods have been purchased in error or the customer has changed their mind over their decision to purchase. Notice must be made to the company within seven days by postal mail or electronic mail.
The company will only accept returns whereby the product is unused and in its original packaging. The purchaser will be liable for the return carriage costs.
7) Intellectual Property
We act as an authorized distributor for Weinor®, Markilux®, Somfy® and Dickson® products with the full endorsement of our manufacturers.
Purchasing of any products or services bearing the name Home Awnings does not allow the purchaser any rights to use the name Home Awnings in connection with any other practice or activity. The company may actively pursue any person or business that uses the Home Awnings name in any malicious way, or passes off goods or services in the company name.
8) Data Protection Act
The company dose not hold specific information about customer’s accounts, except as required under British Law (taxation purposes). Non specific details of customers are withheld for information purposes only.
We do not sell or share customer details with anyone else, except as required by the relevant authorities under British Law.
Any transaction details taken by us are destroyed as soon as the transaction is complete. The company does not keep a computerized database of customer activities or financial details.
The company reserves the right to amend these Terms and Conditions at any reasonable time, and at its sole discretion.
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