In these terms and conditions:-
“We” and “us” means Dream Conservatories Online Ltd
“You” and “the customer” means the person ordering the goods subject to these terms and conditions
2. Your contract with Dream Conservatories Online Limited
i) These terms and conditions apply to all goods supplied by us to you.
ii) All orders are subject to acceptance by the company and no contract exists between you and us for the sale of any goods until we have received and accepted your order and full deposit and we have provided you with confirmation in writing or by email to the address or email address you have given. When you have received our confirmation of your order a binding legal contract exists between us.
iiii) We reserve the right to change these terms of sale without notice to you in relation to future sales.
3. Description and price of the goods
i) THE SIZES ORDERED ARE NOT THE COMPANIES RESPONSIBILITY WHATSOEVER. THIS IS THE SOLE RESPONSIBILITY OF THE CUSTOMER. BEFORE ANYTHING IS MANUFACTURED, MANUFACTURING DRAWINGS WILL BE SENT FOR YOU TO CHECK AND AGREE. THE SIZES AND SPECIFICATION ON THESE DRAWINGS WILL OVERIDE THE SIZES AND SPECIFICATION ON THE ORDER FORMS. IT IS THE CUSTOMERS RESPONSIBILITY TO ENSURE THAT EVERYTHING IS CORRECT. ANY CHANGES CAN BE MADE AT THAT TIME IN WRITING BY EMAIL, FAX OR POST. CHANGES TO THE ORIGINAL ORDER MAY CHANGE THE ORIGINAL PRICE. YOU WILL BE NOTIFIED IF THAT IS THE CASE AND A REVISED AGREEMENT WILL BE SENT FOR YOU TO SIGN AND AGREE. NOTHING WILL BE PROCESSED UNLESS WE HAVE AGREEMENT TO DESIGN, SPECIFICATION OR PRICE CHANGES IN WRITING. IN THE EVENT OF YOU NOT BEING ABLE TO SIGN THE REVISED AGREEMENT AN EMAIL FROM YOU CONFIRMING YOUR AGREEMENT TO THE CHANGES AND PRICE WILL SUFFICE.
ii) All goods are fully described in the order documentation along with the price including VAT. If you require further information please contact us prior to ordering.
iii) Your order will be manufactured to your agreed specification and sizes.
iiii) We will endeavour to ensure that any specific quotation details the correct prices at all times. In the unlikely event of a pricing error we reserve the right to notify you as soon as possible and offer you the option to continue with your order at the correct price or alternatively, you may cancel your order and a full refund will be provided. If a refund is required, the refund will be made within 30 days to the original form received.
The company does not under any circumstances recommend a particular builder or installer to build your conservatory for you. If our agent is asked they may well inform you of someone that they know but no liability will be accepted for the quality of any builders or installers. You must carry out your own due diligence in selecting someone to build your conservatory.
Payment can be made using credit/debit card facilities, bank transfer or by cheque mailed to our address. We require a 25% deposit payment with order with the balance to be paid ten working days prior to delivery. If payment is made by cheque, you should allow a further five to seven working days for your payment to be received and to clear. There are no surcharges for deposits paid by credit card. There is for the balance. At the time of writing the charge is 2.5% but this may change if the credit card company changes their charge to us. Please check with the office if you would like to know the current rate.
i) All delivery dates are intended as an approximate guide only and time shall not be deemed to be the essence of this contract.
ii) Non-delivery or delivery not by the due date shall not entitle the customer to refuse a delivery after such date, repudiate the contract or make a claim for damages in respect of late delivery.
iii) The delivery will be made the nearest suitable point for access by the
delivery vehicle which will normally be a 7.5 ton box vehicle or larger. If the site is not accessible by our vehicle it is your responsibility to accept the delivery at the nearest available point and to provide onward transport to your site.
iv) You must supply sufficient labour to offload your order at the kerb-side and sign the delivery note. If we are unable to deliver your order because no-one is present to receive the delivery we will make arrangements for re-delivery at additional cost. If for any reason we are unable to offload your goods on the agreed delivery date, we reserve the right to charge for their return and offloading at the factory, reloading and redelivery. This charge will be the cost to us made by the company and will differ dependent upon where the delivery address is.
v) We will normally deliver the conservatory in one complete delivery but reserve the right to make deliveries in instalments. If you have ordered a conservatory base, this will be delivered separately.
vi) Risk for the goods will pass to you once your order has been delivered and we cannot be responsible for loss or damage once you have received your order.
vii) Where you have requested delivery to a third party for onward shipment, risk for the goods will pass to you once your order has been delivered to this third party. The company accepts no responsibility for damage or missing items once the goods have been accepted by your third party forwarder.
viii) You must check the goods at time of delivery and note any obvious shortages or damages on the delivery note. Claims for faulty, damaged or defective goods must be notified in writing within 28 days of delivery for the provision of free of charge replacements. Claims submitted after this period may incur a charge for replacements.
i) If any goods are received damaged or defective or your order has been delivered incorrectly you must notify us in writing within 28 days of receipt.
ii) Any goods that have been installed cannot be returned unless faulty.
iii) If you notify a problem to us under this clause, we will, at our option:
(a) Make good any shortage or non-delivery
(b) Replace or repair any goods that are damaged or defective
(c) Refund to you the amount paid by you for the parts in question
iv) We cannot be liable to you for any indirect or consequential loss, damage or expenses however arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the specific parts in question under claims iii) above.
v) Our products are supplied for self-installation and it is you responsibility to ensure that they are installed correctly. Whilst we provide information to assist you in installation we cannot be liable to you for any loss or damage arising from information we have provided regarding installation.
vi) You can request a site visit by one of the manufacturers engineers. The manufacturer will make a charge for this which you will need to pay to us. The charge does fluctuate so we will advise of this charge at the time. An appointment will be confirmed on receipt of payment. If the problem is found to be due to a fault in manufacture, this fee will be refunded in full. However, no refund will be due where the problem has been caused by faulty installation of the product or incorrect information provided to us by you when your order was placed.
vii) The company accepts no liability for broken or damaged glass sealed units that have not been recorded on the delivery note at the point of delivery.
viii) The customer shall not be entitled to reject any material on account of imperfections or variations inherent in uPVC or Aluminium extrusion product assembly and the glass making process. Unless otherwise agreed in writing, the acceptability of glass quality should be judged by reference to “Visual Quality Standard for Installed Insulating Glass Units Constructed from Flat Transparent Glass” published by the Glass and Glazing federation. Similar criteria apply to other types of glass.
ix) Despite what we say above, nothing in these terms and conditions is intended to limit any statutory rights you may have as a consumer that cannot be excluded by law nor to exclude or limit our liability to you for death or personal injury resulting from our negligence.
8. Returns Policy
All conservatories, windows and doors are manufactured specifically for your order and therefore there is no right to cancel the contract with us. Cancellation can only occur as specified in clause 2(iii) above.
9. Changes to your order
All conservatories, windows and doors are made to order and production of the components for your order will commence shortly after your order has been confirmed to you. If you require changes to be made to your order after you have confirmed the order details, we reserve the right to make additional charges for any components that have or are in the process of being manufactured and cannot be used elsewhere.
i) Conservatories supplied by us are mainly manufactured by K2/Synseal. The K2/Synseal warranty is as follows:
PVCu Profile colour fastness – 10 years
Aluminium profile finishes – 10 years
Locks and fittings – 2 years
Sealed Units – 10 years
Conservatory Roof – 10 years
This warranty is not transferable and is provided on the basis that the goods have been correctly installed and maintained in accordance with our instructions.
This warranty does not affect any statutory rights you have as a consumer.
ii) Excluded from this warranty is any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence, faulty installation by you or any third party or any alteration or repair carried out without our approval.
iii) Should any goods supplied by us to you develop a defect under warranty, you should notify us in writing as soon as possible.
iv) Where we replace any item under warranty, we reserve the right to arrange (at our cost) for the return of the original item.
v) Replacement parts issued under this warranty will be provided free of charge but installation costs are excluded.
vi) The customer must satisfy himself as to the suitability of the products before use or installation. No liability shall rest on the supplier for any condition made or implied nor is any warranty given or to be implied as to the life and wear of the goods supplied or that they will be suitable for any particular purpose for use under specific conditions notwithstanding that such purpose or condition was made to the supplier before supply of the goods.
If you require a design which we have to source from another manufacturer, the warranty may be different.
Please check with us at the time of purchase.
We reserve the right to change and improve the specification of any of our products at any time without notice. Such changes will not entitle the customer to reject the goods or cancel the contract.
12. Data protection
i) We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorized access to information supplied by you.
ii) We agree to use the information you have provided about yourself for the purpose of fulfilling your order. From time to time we may notify you of products and offers that may be of interest to you. If you would prefer not to be notified, please ensure you advise us. You are entitled to request details of any information we may hold about you. You can correct any information about you, or ask for information about you to be deleted by giving written notice to us at the address or email address shown below.
13. Applicable law
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
14. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16. Entire Agreement
These terms and conditions set out the whole of the agreement relating to the supply of the goods to you by us. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
17. Third Party Rights
Except for our directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
18. Notice and contract details
To notify us in writing or by Email under these terms and conditions:-
Our address is:-
Dream Conservatories Online Limited
Longrock Industrial Estate
Telephone: 01635 551687
Fax: 01635 434673
Our Email address is firstname.lastname@example.org
*Where you have provided us with an Email address we may use it to send you any notification.