Terms & Conditions
Please read all of these terms & conditions.
As we accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms & Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are sure about anything please phone us on 0800 689 5153.
Application;
1, These Terms & Conditions will apply to the purchase of the services & goods by you (the Consumer or you).
2, We are Enviro Solar Films Ltd, a company registered in England & Wales under number 8346660 whose registered office is at The Workshop, Main Street, Pinvin, Pershore WR10 2ES with telephone number 0800 689 5153 ( the Supplier or us or we ).
3, These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms & Conditions.
Interpretation;
4, Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
5, Contract means the legally-binding agreement between you and us for the supply of the Services.
6, Delivery Location means the location where the Services are to be supplied, as set out in the Order.
7, Goods mean any goods that we supply to you with the Services, of the number and description as set out in the Order.
8, Order means the Customer’s order for the Services from the Supplier as set out overleaf.
9, Services means the services, including any Goods, of the number and description set out in the Order.
Services;
10, The description of the Services or any Goods as set out in our website, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
11, In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification that you provide is accurate.
12, All Services are subject to availability.
13, We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer Responsibilities;
14, You must co-operate with us in all matters relating to the Services, provide us and our authorised personnel and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences or consents (unless otherwise agreed).
15, Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
16, The description of the Services and any Goods in our website, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
17, When an Order has been made, we can reject it for any reason, although we do try and tell you the reason without delay.
18, A Contract will be formed on the Services ordered, the Supplier’s acceptance of the Order or, if earlier, the Supplier’s delivery of the Services to the Customer.
19, Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from the Quotation Date, unless we expressly withdraw it at an earlier time.
20, No variation of the Contract, whether about the description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees & Payments
21, The fees (Fees) for the Services, the price of any Goods (not included in the Fees) and any additional delivery or other charges that set out in our price list current at the date of Order or such other price that we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard fee basis.
22, Payment for the Services will be made in the following manner- 40% non-refundable deposit with the order, the remainder upon completion of the works. Non payment of invoices will be subject to compounding daily interest charged at Bank Of England Base Rate, this will commence 7 days post completion. Payment is accepted by most major credit/debit cards, BACS, Cash or PayPal transfer. Any deposits paid at Order stage will be deducted from the final invoice due.
23, In the case of a Supply Only transaction, film will be despatched on receipt of cleared funds.
Delivery
24, We will deliver the Services, and any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement;
a, in the case of Services, within a reasonable time. And
b, in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered.
25, In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
26, In any case, regardless of event beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at and end if;
a, we have refused to deliver the Goods, or if a delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you said to us before the Contract was made that delivery was essential, or;
b, after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
27, We do not generally deliver to addresses outside of England, Wales & Scotland mainland. If however, we do accept an Order for delivery outside of those areas, you may need to pay additional transport, delivery and import duties/taxes, as we will not pay them.
28, You agree that we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and if you are not liable for extra charges.
29, If you or your nominee fail, through no fault of your ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
30, Supply Only returns will only be considered for refund once received back in our warehouse, at a cost to you, complete and unmarked in the original packaging. Returns must be received back in our warehouse within 14 days of receipt.
Risk & Title
31, Risk of damage to any Goods will pass to you when the Goods are delivered to you.
32, You do not own the Goods until we have received full payment. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to Services provided by us.
Conformity & Guarantee
33, We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation;
34, Upon delivery the Goods will;
a, be of satisfactory quality
b, be reasonably fit for purpose for which you buy the Goods which, before the Contract was made, you made known to us (unless you do not rely, or it is unreasonable for you to rely, on our skill & judgement) and be fit for any purpose held out by us as set out in the Contract, and;
c, conform to the description
35, It is not a failure to conform if the failure has its origin in your materials.
36, We will supply the Services with skill & care.
37, We will immediately, or within a reasonable time, give you the benefit of a free guarantee for the Goods. Details of the guarantee, the duration and territorial scope of the guarantee are available upon request and will be supplied no later than 7 days after Delivery.
Duration, termination and suspension
38, The Contract continues as long as it takes us to perform the Services.
39, Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other;
a, commits a serious breach, or a series of breaches resulting in a serious breach, of the Contract and the breach cannot be fixed or is not fixed within 30 days of the written notice or;
b, is subject to any step towards its bankruptcy or liquidation.
40, On termination of the Contract for any reason, any of the respective remaining rights & liabilities will not be affected.
Successors & Sub-Contractors
41, Either party can transfer the benefit of this Contract to someone else and will remain liable for its other obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help to perform their duties.
Circumstances beyond the control of either party
42, In the event of failure by a party because something beyond it’s reasonable control;
a, the party will advise the other party as soon as reasonably practicable; and
b, any deposits paid will be refunded only in such circumstances that the services can be resold on the installation date agreed, less any reasonable charges for costs and associated losses as a result of the cancellation.
Excluding Liability
43, We do not exclude liability for (i) any fraudulent act or omission (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time the Contract was made, or (ii) loss (e.g. profit) to your business, trade, craft or profession which would not be suffered by the Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, craft, trade or profession.
Governing Law, jurisdiction & complaints
44, The contract (including any non-contractual matters) is governed by the law of England and Wales.
45, Disputes can be submitted to the jurisdiction of the courts of England and Wales, or where the Customer lives in Scotland, in their respective courts.
44, We try to avoid any dispute, so we deal with your complaints as follows; If a dispute occurs customers should contact us to find a solution. We aim to respond to your dispute within 14 days of receipt of an email at the following address - enquiries@envirofilms.co.uk