Terms & Conditions of Sale

 

 

Extraglaze Ltd and our associated organisations wish to give you the best possible customer experience. The following terms and conditions clarify how we will deal with your order. Many will only come into play when  problems arise for either party. We trust they are clear and fair.

 

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER FOR ANY GOODS OR SERVICES. YOU ARE ADVISED TO PRINT AND RETAIN THEM FOR YOUR RECORDS. WE RESERVE THE RIGHT TO AMEND THIS DOCUMENT AT ANY TIME AND APPLY AMENDMENTS TO FUTURE ORDERS. AMENDMENTS ARE NOT HISTORICALLY RECORDED SUCH THAT WE CAN RECALL WHAT EXISTED BEFORE.


You should read and understand these Conditions because they affect your rights and liabilities.

 

SUPPLY OF GOODS (see also SUPPLY OF SERVICES later)

These Terms and Conditions govern the supply of goods sold by Extraglaze Ltd (the “Supplier”, “we” and “us”) of Unit 3, Castle Business Park, Castle Foregate, Shrewsbury SY1 2EG, Shropshire, England to the customer (“you”) being any company or person who buys, or agrees to buy from the supplier. Together, where appropriate, with any order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. By placing an order and purchasing goods from us you enter into a legally binding contract with us on these terms and conditions. Despite receiving an Order Acknowledgement and other communications from us our acceptance of your order will be confirmed only by a status assigned to your order, namely “processing” or delivery of the goods, whichever is first. We reserve the right to refuse orders for any reason at our discretion. Your statutory rights are not affected by these Terms & Conditions.


You shall be responsible for all your activities and the information you record here as a registered user, except those that may be due to our negligence or fault.


You will receive by email an Order Acknowledgment. You agree to check this and warrant that the information presented there is correct, or tell us without delay if otherwise.

 

Prices

The price payable for the goods you order is as set out on our web site at the time you place your order plus any charges for carriage and insurance as set out in the completed order form.


In all cases, we reserve the right to cancel any order where a pricing or description error has been made, and to make corrections. Sometimes a price increase must be applied between the date of order and the date of despatch in which case we reserve the right to apply the newer price. When we apply newer prices and consequently request additional payment from you we will not fulfil that order without your approval, and we will offer you the option to cancel the order without charge to you.

 

VAT and other Sales Taxes

Extraglaze Ltd is required to charge VAT (in the United Kingdom and in Europe).


However, for all deliveries made outside the European Community, you may be asked to pay Sales Tax at the correct rate for your delivery country. This may be charged on top of the price paid to us, and is most likely collected by your Post Office when your goods are delivered.

 

Availability

Many of Extraglaze Ltd’s sales comprise made-to-order products (not available from stock). We endeavour to maintain stock of all other products featured on our web site.


If you are offered the choice to order out-of-stock items: when an item is out of stock please be assured that it will be on order by us from the manufacturer and once restocked will be despatched to you as soon as possible. You will not be charged any extra P&P (above what you have already paid) for such items. If you wish to cancel such items after placing an order please contact us with the utmost urgency using all channels of communication available – we will try to accommodate your wish, but this will be at our absolute discretion (as we may consequently be liable for a bulk order of new stock).


Should it become apparent that we can no longer refresh stocks and we cannot supply or deliver the goods ordered then we will remove them from the web site or suitably disable that item in the online catalogue. Where such goods were ordered and have been paid for by you we will offer you a substituted product or a refund of the price paid for such goods (and P&P costs in proportion) as soon as possible and in any case within 40 business days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

 

Shortages and Errors

You must check all items are exactly as ordered upon receipt of the goods. It is your responsibility to contact us regarding any shortages or packing errors within 7 days of receipt of goods. We will correct such reported orders at our expense. You must comply with the conditions under Delivery and Title for goods that were delivered incorrectly or readily make clear to us with valid reason why that is not reasonable so that we can protect those goods without delay or obstacle.

 

Despatch & Delivery

EXTREME LOCATIONS – if you know that your delivery address is in a location that commonly incurs an additional charge (i.e. islands, the extremes of Mainland UK, including the Scottish Highlands, Devon & Cornwall for example), then please declare this, as an additional delivery charge will almost certainly be necessary. We reserve the right to require that you pay such additional charges.

 

Made To Order items take anything up to 28 days to manufacture, and are then despatched according to your selected delivery method. During the main holiday periods please anticipate up to two weeks extra.

 

When we reach your order in the queue, your goods are despatched – usually within 48 hours, or at least once a week if local. Delivery usually takes place 1-5 working days after despatch.


Despite our best efforts time for delivery shall not be of the essence of the Contract. The supplier will not be held responsible for any customer’s costs, damages or expenses incurred as a result of any estimated delivery time not being met.


All despatch and delivery times given are estimates. We can give no guarantees on exact delivery times. Though exceptional, at peak times this can be up to 3 working days (2 weeks) after despatch. You should contact us about delays. We may give you details to contact the delivery company directly where in practice we would be a “middle man “ and do it less efficiently than you. Most likely they tried to deliver your goods, but were unable to. Should you have not received your full order after 2 working days from despatch then please contact us to report it. Written, signed confirmation (from you) of non-delivery may be required.


For practical reasons we reserve the right to deliver your goods by any courier, even though you may have specified another: you will not be liable for any consequential extra cost.


Should any additional delivery charge arise to complete delivery through no fault of our own (e.g. redelivery being required because a delivery address you gave was always found vacant) then we will not be liable for that charge.


ON ARRIVAL YOUR GOODS MUST BE ACCEPTED WITH A SIGNATURE, so you should not order goods unless you are confident someone you approve of will be available to sign for them. However, if the delivery company cannot obtain a signature, they will leave a card for you and usually automatically arrange a redelivery the next working day. IT IS VERY IMPORTANT THAT YOU RESPOND TO THIS CARD WITHOUT DELAY. PLEASE DO NOT WAIT UNTIL THE NEXT MORNING or you might find the second attempt is underway or has already failed like the first. Either the phone number or web site on the card is available 24 hours a day. Typically if a second attempt should fail, or the time specified by the delivery company for collection expires, the goods will be returned to the delivery company’s depot and an additional charge for redelivery will be payable by the customer for the order to be despatched a third time. When in due course undelivered goods are returned to us, then another full cost of delivery will be payable by you.


If you enter instructions in your order designating a “safe place”, alternative recipient or delivery address then you agree to take full responsibility for any goods that go missing. You also permit the delivery driver to decline your instructions as he or she sees fit. All we can do is confirm with the delivery company whether or where the goods were delivered. You agree to hold us harmless against any consequential loss.


The Goods may at our discretion be delivered in instalments. Each instalment shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the other instalments as repudiated.


If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us which may include reasonable administration charges.

 

Delivery & Title

“Receipt of goods” shall be when the goods are signed for on delivery. Risk in the goods shall then pass to you. Nevertheless, title in the goods shall not pass to you until you have paid for the goods and any other due payments, possibly including interest. Until title in the goods passes from us, you shall preserve and suitably store the goods at your own cost separately from all other goods in your possession, clearly identified as our property, and in the same condition as they arrived. You must not mark the products in any way that cannot readily be removed leaving neither residue nor damage to the product.


You must cooperate with anyone assigned to collect our items from you if and when that is arranged because payment in full is not forthcoming.

 

Payment

Unless you are an account customer, or we have agreed otherwise in advance in writing, your order will not be processed until payment has been made in full including any applicable charges for carriage and insurance. Payments that fail for any reason, and which are not promptly made good, will almost certainly render your order “Pending payment” and be regarded as not paid for.


In the event that we decline your order we will credit you with the amount deducted, and always credit your method of payment (e.g. to your payment card) in the first instance where applicable.


You must ensure that all details given for payment are correct and that you are an authorised user of that payment method.


You can compile your order online then submit it for payment by bank transfer or cheque in the post. Please print the submitted order and post the printed copy with your cheque. Your cheque must reach us within 28 calendar days of submitting the order. Cheques should be made payable to Extraglaze Ltd, and posted to Unit 3, Castle Business Park, Castle Foregate, Shrewsbury SY1 2EG, Shropshire, England  01743 247 242 or  +44 1743 247 242. Cheque orders will only be accepted after cheques are cashed.


Should a situation arise whereby we need to contact you because of a payment problem, then an email will be sent to you advising of this once the order has been reviewed in our offices. We may optionally call you.

 

Account customers

Separate trading terms and conditions will apply to Account Customers.


In short if you are an account customer, payment shall be made in full at the end of the following month. We may revoke credit if you fail to make payment when due. Interest at the rate of 3 per cent over the Nat West Bank’s then current base rate will be applied on the amount outstanding from the due date for payment until receipt by us of that full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.

 

Credit references

By placing an order you authorise us to, at our discretion, carry out common credit references or other enquiries of your financial status and you shall provide, upon request, any written authorisation that may be required from you to allow us to make such enquiries.

 

Promotions and Discounts

Discounts and vouchers must be claimed at the time of placing the order (never after payment of a deposit has been received). One voucher per property. Offers are subject to a minimum order and expiry date. Discounts may not be redeemed against any other outstanding invoices, or in conjunction with other offers (except where unambiguously stated). We reserve the right to amend, withdraw or extend any offer without prior notice.

 

Cancellation of Order

In general, always with the exception of Made to Order products, you have the right to cancel your order within 7 days of anyone signing for their delivery. You shall have a refund for any cancelled items provided that the goods have been returned to us in the same condition as they arrived to yourself (see also Returns later). You should then receive your refund normally within 7 business days.


If fulfilment of an order is obstructed for any temporary reason then Extraglaze Ltd shall be given reasonable further opportunity by you to fulfil the order.  If the order cannot be fulfilled for good reason, for example because of obsolete raw materials, health scares or force majeure (see later), then you will be entitled to a refund.


Where a payment is already made via an online payment then the order will be fulfilled as described above. Where a cheque has been posted you may be able to contact us soon enough to prevent the cheque being presented for payment at the bank and we will discuss cancellation with you, however please note that in some cases it may not be reasonable to comply. Otherwise the order will be fulfilled (see also Delivery & Title above).

 

Damaged in Transit

When goods are damaged in transit then you shall contact us with details of the problem and we shall endeavour to agree the process of supplying replacements.  Please do not return goods that have been damaged in transit without our agreement – if you do then the cost of doing so must be met by you without recompense to you. Typically our insurer will demand photographic evidence of the damage. In the first instance we will ask you to provide this, which commonly saves you the inconvenience of sending items back to us when this may not be warranted, and the risk of additional damage on the return journey. Replacements (for the damaged items only) shall be issued without further charge. You must preserve the undamaged items that do not need to be replaced. The replacements shall be made in due course, as any other new order, but we will endeavour to prioritise these replacements where practical.

 

Returns

To return an unwanted item you can do so within 7  days of receipt of goods: This period may (or may not) be extended at our discretion. This does not apply to Made to Order goods (read more below).


The goods to be returned must be unused, unopened (as reasonably applicable) and in suitable protective packaging so that they may be sold again “as new”.


Goods which have been supplied sealed in their original packaging but which has been opened by you will only be accepted back at the supplier's discretion and a restocking fee of 15% applied in most accepted cases, but may vary depending on circumstances of the return.


Delivery charges are not refundable.


You must return the goods to us at your expense (unless the goods are faulty - see Faulty items below). We suggest that you use a recorded delivery method as we cannot be held responsible for any losses incurred in transit back to us. You are advised to insure the return delivery to the correct value. You shall be refunded the value of the accepted goods less any charges that apply which may include reasonable administration charges.


Goods that have been damaged in transit may not be classed as faulty.

 

You should then receive your refund normally within 7 business days.

 

Made to Order goods and any customised/modified by the supplier at your request and are correctly supplied and which are not faulty may not be returned. No refund will be made. Such goods are not covered by the “Distance Selling Regulations”.

 

Payment of Refunds

Refunds will be made in the first instance via the same payment method you used to make your payment for the goods.

 

Faulty items

To return a faulty item, you must contact us first within 7 days of receipt of goods. It may be that a return is deemed unnecessary. Where the goods are being returned because they are genuinely faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return providing that cost is first agreed with us. You shall not be entitled to reject faulty goods after the stated period unless in accordance with the manufacturer’s warranties, in which case you will be required to pay the cost of returning the goods to us or the manufacturer.


Goods that have been damaged in transit may not be classed as faulty. See the Damaged in Transit section.


When Made to Order goods are found to be faulty then they will be replaced (a refund will not apply). Any other remedy you may request may be accepted but at our absolute discretion.

 

Liability

We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect, incidental or consequential loss or damage arising out of any problem in relation to the goods including the information presented in this web site and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.


Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.


If we fail to deliver the Goods (or any instalment) for any reason within our reasonable control or not your fault, and we are accordingly liable to you, our liability shall be limited to the price of the goods.


We assume no responsibility for the contents of any other web sites to which this web site has links.

 

Product Images, Descriptions and Packaging

Photographs of items offered for sale are for illustrative purposes only. Extraglaze Ltd further reserves the right to change product descriptions and/or images as and when updated information is available or received from suppliers. Any immaterial variation between any samples or descriptions displayed, shown or given to you shall not entitle you to reject the goods nor to withhold any part of the price, nor claim compensation for such variation.


To achieve the very best selling prices, some products are split from manufacturers’ multi-packs, and therefore may not arrive boxed/in the original packaging.


Unless a product is fitted by an Extraglaze Ltd approved installer the suitability of any particular product for any particular purpose is the responsibility of the customer, not Extraglaze Ltd.


Where an image describes a product “in situ”, being applied in use, or adjacent or alongside other items then the other items you see may not be considered included in the price, unless expressly listed in the written description as included items.

 

Communication

By using our web site you accept that internet based communication is an adequate form of long distance communication between us. Please contact us via the details provided therein for customer support. You may “opt out” of communication from us in which case we will not call you for any reason other than to discuss your order or payment.

 

Children

Extraglaze Ltd does not sell products intended for purchase by children. If you are under 18, you may use Extraglaze Ltd only with the involvement of your parent or guardian. PLEASE NOTE that some items can be unsafe in the hands of children. It is your responsibility to heed any warnings on such products. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.

 

Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation herein.

 

Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

 

General

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. The contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.


No waiver or concession by us of any breach of the Contract by you shall be considered as a waiver of any other breach of the same or any other provision.

 

SUPPLY OF SERVICES

Without prejudice the following additional terms and conditions shall be understood to apply when goods are installed (when you order our Fitting Service). Where the aforementioned SUPPLY OF GOODS is applicable, but requires reasonable contextual amendment then an amendment/s will be allowed for, rather than cause them to be discounted.


Extraglaze Ltd employs its own fitters, but also act as an agent for independent self-employed fitters who are trained and qualified to provide our Fitting Service (where they represent themselves and trade under their own business name).


The condition of your windows and the paint on your windows will play an important part in the success of the Fitting Service you receive. It is very common for paint surfaces, regardless whether the layers are old or very new, to be of a poor standard, and consequently your paint or that beneath it can chip ex-foliate or smudge. Neither the surveyor nor any fitters will be responsible for determining the suitability of window frames/paint surfaces to receive Extraglaze. Nevertheless fitters must be permitted  the right to decline and abandon a fitting project if he/she believes the fitting is liable to fail, in which case reasonable charges will apply to delay the project. The cost of corrections to allow the project to start again must be borne by you.

 

Survey Fee

Our web site allows you to enter details about your window project and receive an estimate. When you find such an estimate acceptable then you will pay in advance a non-refundable Survey Fee, which will be derived from the value of the estimate. The surveyor will inspect and measure your windows in detail in such a way that he/she have all the information required to satisfy an order (i.e. without another survey). A written quotation will be presented to you soon after the survey.


If you require additional fitting related services then these may be agreed with the surveyor or any fitter, and priced as extras payable to Extraglaze or to the independent fitter respectively.

 

Payments due

The price of the Fitting Service, net deposits already paid, is payable as per the following events unless they are exempted in a written quotation:


- completion of the Fitting Service
- cancellation by you, unless allowed by statute or elsewhere in our conditions
- refusal to allow the Fitting Service to be performed
- 40 days have expired since the first agreed installation date.


Payment that are overdue will usually suspend deliveries and work. Whether work is or is not suspended then it does not prejudice our right to be paid.

 

Fitting Services provided by Extraglaze employees

The following conditions will apply when a fitter employed by Extraglaze Ltd provides the Fitting Service.


An order for our Fitting Services shall be deemed to be accepted (and therefore authorised by you) when we receive your deposit in our bank account. You will be provided a receipt for this. Until a deposit is received the order shall be unauthorised. When you pay a Survey Fee this is quite separate and not to be considered a deposit.


We retain full responsibility for the goods and the services our own fitters provide in your home. Fitting appointments are made in good faith, but times and durations shall not be of the essence of the contract. Workloads will be seasonal and dependent on other factors, some outside our control. For example should an item be damaged in transit by a courier this will delay completion of our Fitting Service.


While fitters will give care and attention to your premises you must take responsibility for removal and/or arranging/mentioning/agreeing in advance the protection of vulnerable items such as ornaments and furniture in the vicinity of the work area.


You will be responsible for removing obstacles, ornaments and furniture in advance, providing ready access to the work area, and for providing mains electricity. Typically the removal/refitting of blinds can be discussed and agreed with the surveyor and written into the quotation.


We advise you clean the inside of all windows before the arrival of our fitters. Fitters will typically lightly vacuum your windows, but this is not as effective as a proper dust and wipe down. It is easier to do this cleaning before Extraglaze is fitted.


Estimates provided on this web site for our Fitting Service are a reasonable guide price, but these should not be expected to take account of variations from the norm that may be applicable to the work to be performed in your property. A survey will be undertaken, in order to learn such variations. Any special conditions you wish to make for the job must be made clear in advance of the final price being agreed, for example days and hours of access, housing of pets, vicinity of young children, dust allergies, etc. A fixed price quotation will then be prepared in writing which will account for these variations for you to accept or decline. A deposit will be payable before any work starts, but Title to the goods will not be transferred until the balance payment is made in full (whether before or after it has been fitted). Should you fail to pay the balance due after the work is complete then reasonable access must be provided by you for the retrieval of our goods not later than 2 months after the work commenced.


It is not possible to cancel and refund you for panels that have been made (whether complete or in process) especially for your project. They are unique to your property therefore they will almost certainly be of no benefit to another customer. They are commonly paid for with your deposit/payment in advance.  We will also be fully entitled to keep your deposit, or the relevant portion, if the project proves to be irretrievable (for example when the windows are disintegrating or the paint surfaces are hopelessly poor, and the project or some part of it must be abandoned).


Reasonable administration charges will also apply if and when other work can be cancelled.


Customers are kindly requested to refrain from smoking where work is being carried out.

 

Fitting Services provided by Independent self employed fitters

When we arrange for an independent fitter to deliver and/or fit your order they will do so under a separate agreement between you and them. Independent fitters are responsible for the standard and quality of, and any liability arising from, delivery and/or installation. The period of warranty provided by these fitters may vary – you will be responsible for agreeing this with them directly and seeking it in writing, without recourse to Extraglaze.

 

Acceptance on Completion (Fitting Services)

After the fitters have left your property the care and handling of your Extraglaze is your responsibility. While Extraglaze is robust and will last many years in a serviceable condition it can easily be scratched. Our fitters will leave you with scratch free panels and not accept responsibility for scratches you may find later. You must accept full responsibility to inspect the panels for scratches, and to bring these to the attention of the fitters before they leave your property and further to agree a remedy (thereby allowing for remedial work at a later date).

 

Guarantee (Fitting Service)

Commencing the fitting date a 12 month warranty will apply to all products and services provided by Extraglaze employees, for which you may claim directly to Extraglaze Ltd. When products and services have been provided by independent self employed fitters you may claim directly from them (Extraglaze Ltd will support them as part of the process of them providing their independent warranty).


Scratches are always considered “wear and tear” and are therefore never accepted as a reason to make a warranty claim.  Extraglaze panels must be cared for according to our “Care instructions”.

 

Guarantees (DIY Fitting)

Without prejudice to the above Extraglaze does not provide any form of guarantee or warranty of its products nor their suitability for purpose whatsoever whether before, during or after fitting by  persons who have not been trained and qualified by Extraglaze (please see Fitting Services if you want a guarantee).

 

“Peace of Mind Package” (Fitting Service only)

In addition to the 12 months warranty for your Fitting Service we will offer you a “Peace of Mind Package”. This is a 4-year care plan commencing on the anniversary of the fitting date where we will, subject to a fee (paid at the time of completion or before the anniversary) plus a fixed rate charge per call out, repair or replace defective goods free of charge. Defective goods will not include items that have suffered “wear and tear” and breakages.

 

This web site

All information on this web site is provided in good faith and for general information purposes only and Extraglaze Ltd will use its reasonable endeavours to ensure that the said information is accurate and safe to use. This web site is provided on an `as is` basis without any representation or endorsement made and Extraglaze Ltd and its associated companies make no warranties of any kind, whether express or implied, in relation to this web site including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, conditions of completeness, accuracy, security, or any implied warranty arising from your access to, use of, reliance on or otherwise of this web site. Extraglaze Ltd shall not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of this web site, including downloads and computer virus infections, and web sites you link to from this one. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this web site by unauthorised third parties.


Extraglaze Ltd does not permit copying of anything from this web site except for personal use in the understanding and application of our products, and this is limited to printing no more than a few copies. Extraglaze Ltd will use Copyright Law to prohibit and prevent commercial advantage being taken. The copyright of this web site and all it's content, images and product descriptions remains with Extraglaze Ltd. We do not condone the use of our images or descriptions on other 3rd party web sites.


When you use this web site you must accept the use of “cookies” which improve your  experience on this and very many other web sites. You may do so safely on this web site. The option to decline is provided, but you will then find the web site cannot perform many tasks.