Application and Entire Agreement
- The acquisition of the specified merchandise outlined in our quotation (referred to as Goods) by the Buyer (referred to as yourself or the Customer) from Canopy World, a company duly registered in England and Wales, shall be governed by these Terms and Conditions.
- Upon your acceptance of these Terms and Conditions, the corresponding quotation, or upon the Goods’ delivery (whichever occurs earlier), it shall be construed that you have acknowledged these terms. This action will establish the comprehensive Agreement between Canopy World and yourself.
- The Contract, comprising these Terms and Conditions and the associated quotation, orchestrates the transaction of purchasing and selling Goods between you and us. This Contract holds precedence over any alternative terms you endeavour to assert, include, or those inferred from trade norms, customary practices, or previous transactions.
Definition
- In the context of offering Aluminium Veranda/Canopy, the designations “We,” “Us,” and “Our” pertain to CanopyWU.
- The designations “You” and “Your” signify the individual Customer effecting the purchase of the Aluminium Veranda/Canopy.
- The term “Products” denotes the Aluminium Veranda/Canopy specifically.
- When used, the term “Order” represents Your formal solicitation for procuring the Products.
- The expression “business day” signifies any day aside from a Saturday, Sunday, or recognized bank holiday in England and Wales.
- The headings employed within these Terms and Conditions serve purely for convenience and will not impact their interpretation.
- Language indicating the singular form encompasses the plural, and vice versa.
Orders
- The acquisition of Products can be initiated either by placing an Order through Our website or by establishing direct contact with Us.
- Orders are contingent upon Our approval, and We retain the prerogative to decline any Order at any given point.
- The particulars of the Order will be verified with You before proceeding with processing and dispatch.
- The portrayal of Goods is outlined in our sales literature, unless explicitly modified in our quotation. By accepting the quotation, you acknowledge that you haven’t relied on any statements, assurances, or other depictions concerning the Goods from us. Descriptions of the Goods delineated in our sales literature are provided solely as a reference.
- We hold the capability to enact modifications to the Goods’ specifications as necessitated to adhere to relevant safety or statutory regulations.
Price
- The cost (referred to as Price) of the Goods is detailed in our present quotation as of the date of your order, or any alternative price mutually consented upon in written communication.
- In the event that the cost of producing the Goods increases due to unforeseen factors beyond our control, including but not restricted to changes in material expenses, labor charges, fluctuations in exchange rates, alterations in duties, or shifts in delivery rates, we reserve the right to adjust the Price before the Goods are delivered.
- Any Price augmentation as described above will only be implemented subsequent to notifying you about the adjustment.
- Potential entitlement to discounts rests at our discretion and is subject to approval.
- The Price encompasses charges related to packaging, transportation, and delivery.
- The Price does not incorporate any applicable Value Added Tax (VAT) and other taxes or levies that might be enforced or imposed by authorized governing bodies.
Cancellation and alteration
- Descriptions of the Goods mentioned in the previous clause (referred to as Goods) and provided in our sales materials are susceptible to change without advance notice and do not represent a binding proposition to vend the Goods, thereby not open for acceptance.
- The quotation (which encompasses any non-standard price settled upon according to the Price clause above) remains valid for a span of 7 days commencing from the date indicated, unless we explicitly retract it prior to that timeframe.
- Either party retains the right to annul the order for any rationale before you either accept or decline the quotation.
Delivery
- The transportation of the Goods to the address stipulated in the quotation, your order, or to an alternative location mutually agreed upon in writing will be coordinated by us.
- With regard to specific conditions associated with any distinct delivery service, the delivery process is not time-bound and must be acknowledged within the span of 8 am to 8 pm.
- Delivery dates are not guaranteed, and any potential delay in delivery will not render us liable for resulting loss or damage.
- In the event that the Goods are not received upon delivery, we reserve the right to, at our discretion and without affecting other rights:
- Store or arrange for Goods storage, for which you will be liable for all linked costs including transportation, storage, and insurance.
- Organize redelivery of the Goods and charge you for the corresponding expenses.
- After a period of 10 business days, undertake the resale or alternate disposition of all or a portion of the Goods, holding you accountable for any deficit compared to the Goods’ original price.
- You bear the responsibility of ensuring adequate access for delivery and the security of the delivery location.
- We have the prerogative to execute the delivery of Goods in separate instalments, each of which will be invoiced and settled independently. Every instalment constitutes an individual contract, thus any delay or defect in one instalment does not warrant the cancellation of other instalments.
Payment
- The complete sum of the Order, encompassing all relevant taxes, shipping expenses, and additional charges, must be settled.
- Payment should be remitted in its entirety before We proceed with dispatching the Products to You.
- An invoice for the Price will be issued under either of these circumstances:
- Upon, or subsequent to, the Goods’ delivery.
- If you are to collect the Goods or if you fail to accept the delivery, after We’ve informed you about the Goods’ readiness for collection or after our delivery attempts.
- The Price must be paid within 7 days from the date of our invoice or in accordance with any mutually established credit terms.
- Payment remains obligatory even if delivery has not occurred and/or the Goods’ ownership has not transferred to you.
- Failure to fulfill payment within the stipulated period will result in the suspension of further deliveries. Additionally, apart from our other rights or remedies, we retain the right to charge interest at a rate of 8% per annum above the Bank of England’s prevailing base rate on the outstanding amount until full payment is received.
- Timeliness of payment is a crucial aspect of the Contract between us and you.
- All payments are to be conducted in British Pounds, unless alternative arrangements have been made through written agreement.
- Both parties are obligated to discharge all due amounts as per these Terms and Conditions without any deductions or withholdings, barring obligations imposed by law. Neither party is entitled to employ any credit, offset, or counterclaim as a basis for withholding any part or entirety of such payments.
Returns and Refunds
- In the rare situation where a delivered product, including items specifically ordered or customized, arrives in a faulty or damaged condition,
- For Made to Measure products, we will exclusively replace the damaged components.
- For standard Goods, you have the option of receiving a complete refund or an exchange. Any indication of a defect must be communicated within two business days of the product’s delivery. Prior to agreeing to a partial refund, full refund, or product exchange, we reserve the right to assess all returned products. You must provide written notice of faulty products through mail, email, or telephone within two days to initiate the refund consideration process, encompassing the delivery charge.
- Alternatively, our designated carrier can arrange the pickup of the product, with the return cost borne by us. The products need to be returned within seven days of the refund request. To arrange the collection of the product(s), send an email to: bruce@revivalproductstrading.co.uk, including your order number and product details. We will proceed to dispatch a replacement or initiate the refund process. All reimbursements will be directed to the account used for the original purchase.
Warranty
- We offer a comprehensive warranty for the Products, safeguarding against defects in both material and workmanship for a duration of 5 years from the date of delivery.
- The warranty excludes damage incurred due to incorrect installation, misuse, or neglect.
- If you suspect any defect in the Products, it is imperative to promptly inform us and furnish proof of the alleged defect.
- We retain the prerogative to either mend or replace the defective Products, as deemed appropriate.
- For standard Goods, the usual product warranty is applicable.
- Pertaining to Made to Measure Goods, the materials are provided as a DIY kit. We, the supplier, exclusively hold responsibility for the material’s warranty. A 5 year warranty is provided for materials supplied by us.
- A 5-year warranty for the Powder coated Aluminium frame is applicable if it’s installed within 500 meters of a coastline.
- Adherence to the installation manual is crucial for warranty coverage. We shall not be held accountable for warranty claims involving, but not restricted to, instances of improper installation, inappropriate usage, or external factors that lead to damage of the product itself. Such factors encompass situations where an uneven floor or inadequately constructed wall is employed for installation.
Reach out to us via email: bruce@revivalproductstrading.co.uk for inquiries related to the warranty.
Inspection and acceptance of Goods
- Should you identify any damages or shortages, it’s imperative that you notify us in written form within two days of the delivery, furnishing comprehensive details.
- We will only entertain the return of Goods if they are deemed defective, and this shall occur solely through mutual Agreement, accompanied by our inspection.
- Upon your adherence to this clause and/or any pre-established Agreement, you retain the right to return the Goods. Subsequently, we will decide on the appropriate course of action, including repairing, replacing, or refunding the Goods or a portion thereof.
- We will relinquish any liability or additional obligation in relation to the Goods under the following circumstances:
- If you neglect to provide notice as outlined above.
- If you continue to utilize the Goods after submitting a notice pertaining to damages and shortages.
- If the defect arises due to your non-compliance with our oral or written directives concerning storage, commissioning, installation, usage, and maintenance of the Goods.
- If the defect is a result of natural wear and tear of the Goods.
- If the defect arises from the misuse or alteration of the Goods, negligence, deliberate harm, or any actions carried out by you, your employees, agents, or third parties.
- The responsibility and cost of returning the Goods rest with you.
- Acceptance of the Goods is considered to have transpired upon your inspection, to be concluded no later than two days after the delivery.
Risk and Title
- The responsibility for the Goods transfers to you upon the successful completion of delivery.
- Ownership of the Goods will not be transferred to you until we have received complete payment (in cash or cleared funds) for: (a) the Goods and/or (b) any additional goods or services we have supplied to you for which payment is due.
- Until ownership of the Goods has been conveyed to you:
(a) You must retain possession of the Goods in the capacity of our trustee; and/or
(b) Store the Goods separately and refrain from altering, defacing, or obscuring any identifying markers or packaging associated with the Goods; and/or
(c) Keep the Goods in satisfactory condition and insure them against all conceivable risks for their full value, commencing from the date of delivery.
- Unless the Goods have been resold or permanently amalgamated into another product, and without detracting from any other rights or remedies we may have, we retain the authority to request you to return the Goods at any juncture. In the event of your failure to comply promptly, we retain the right to access either your premises or the premises of a third party where the Goods are stored, in order to recover them.
Termination
We reserve the right to terminate the sale of Goods as stipulated in the Contract if:
- You engage in a significant violation of your obligations outlined within these Terms and Conditions.
- You are presently insolvent or, in our reasonable judgment, are on the brink of insolvency, or if you choose to avail yourself of any statutory provisions aimed at providing relief to debtors in financial distress.
- You enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or undertake any alternative arrangement or scheme involving your creditors.
- You convene a meeting of your creditors, opt for voluntary or compulsory liquidation, have a receiver, manager, administrator, or administrative receiver appointed for your assets or undertakings, or any portion thereof. This encompasses instances where documentation is submitted to court for administrator appointment, you or any of your directors signal the intention to appoint an administrator, or a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986) initiates such steps. It also includes scenarios where a resolution is passed or a petition is presented to any court, aiming at winding up your operations, obtaining an administration order, or commencing proceedings connected to your insolvency or potential insolvency.
Liability of liabilities
- We shall not be held responsible for any indirect, incidental, or consequential damages resulting from the sale, delivery, or utilization of the Products.
- Our liability for any direct damages arising from the sale, delivery, or utilization of the Products is confined to the purchase price of the Products.
- This section delineates the extent of our liability under the Contract, for breach of statutory duty, in tort, misrepresentation, or any other circumstance.
- With the exception of those implied by Section 12 of the Sale of Goods Act 1979, all warranties, conditions, or other terms implied by statute or common law are excluded to the maximum extent permitted by law, except as stipulated in the clauses on Inspection and Acceptance and Risk and Title.
- If we fail to deliver the Goods, our liability is restricted, subject to the subsequent clause, to the expenses and costs incurred by you in securing substitute goods of comparable description and quality from the most cost-effective market, subtracting the cost of the Goods.
- Our overall liability will not, under any circumstances, surpass the aggregate amount of the Price payable by you.
- We shall not be accountable (whether due to our employees, agents, or other causes) concerning the Goods, for:
- Any indirect, special, or consequential loss, damage, expenses, or costs; and/or
- Loss of profits; anticipated profit loss; business loss; data loss; reputation or goodwill loss; business interruption; or third-party claims; and/or
- Non-performance of obligations owing to reasons beyond our reasonable control; and/or
- Losses incurred directly or indirectly due to your failure or breach concerning your obligations; and/or
- Loss linked to the selection of the Goods or how they match your intended purpose or your utilization of the supplied Goods.
- The exemptions from liability outlined in this clause shall not exclude or restrict our liability in cases of death or personal injury resulting from negligence, or any circumstance for which it is unlawful to exclude or restrict our liability, including fraud or fraudulent misrepresentation.
Communications
- All communications pursuant to these Terms and Conditions need to be in written form and authenticated by, or on behalf of, the party delivering the communication (or a duly authorized representative of that party).
- Notifications shall be deemed to have been duly conveyed:
- At the time of delivery, if transmitted through courier services or other messengers (including registered mail) during the recipient’s regular business hours;
- Upon dispatch, if communicated through fax or email, provided a transmission report or return receipt verifies successful transmission;
- On the fifth business day following dispatch, if sent through national standard mail; or
- On the tenth business day following dispatch, if conveyed via airmail.
- All notices in compliance with these Terms and Conditions are to be directed to the most recent address, email address, or fax number as communicated to the other party.
Data Protection
- In the course of delivering Goods to the Buyer, the Seller may gain access to and/or acquire the capacity to handle, store, or process personal data concerning employees of the Buyer.
- The involved parties acknowledge that if such processing of personal data transpires, the role of ‘data controller’ will be assumed by the Buyer, while the Seller will take on the role of ‘data processor,’ as defined in the General Data Protection Regulation (GDPR), and any subsequent amendments, extensions, and/or re-enactments.
- To avoid any ambiguity, terms such as ‘Personal Data,’ ‘Processing,’ ‘Data Controller,’ ‘Data Processor,’ and ‘Data Subject’ shall bear the same significance as defined within the GDPR.
- The Seller is authorized to Process Personal Data solely to the extent reasonably required to facilitate the provision of the Goods as detailed in these terms and conditions, or as per the Buyer’s requests and mutual agreement. The Seller shall not retain Personal Data beyond the necessary duration for the purpose of Processing and shall abstain from Processing any Personal Data for its own or any third party’s objectives.
- The Seller shall refrain from revealing Personal Data to external parties, except to its employees, directors, agents, subcontractors, or advisors on a stringent “need-to-know” basis and only subject to the same (or more comprehensive) terms laid out in these terms and conditions, or as mandated by applicable laws and/or regulations.
- The Seller shall institute and sustain technical and organizational security measures that are essential for safeguarding the Personal Data Processed by the Seller on behalf of the Buyer. Additional information regarding the Seller’s data protection practices can be found in its Data Protection Policy, accessible on our website. For queries or concerns regarding data privacy, you can communicate via email: bruce@revivalproductstrading.co.uk.
Circumstances beyond the control of either party
- Neither party shall bear responsibility for any inability or delay in fulfilling their commitments arising from causes that are beyond their reasonable control. Such causes encompass, but are not confined to: labor strikes, civil disturbances, fires, floods, storms, earthquakes, acts of terrorism, acts of war, governmental interventions, or any other event that lies beyond the party’s influence.
No Waiver
- Our decision not to enforce a breach of these Terms and Conditions by you shall not be interpreted as a waiver of any future breach of the same or any other provision.
Severance
- In the event that any one or more of these Terms and Conditions is deemed unlawful, invalid, or unenforceable, the said provision(s) shall be considered as removed from the rest of these Terms and Conditions, while the remaining provisions will continue to be valid and enforceable.
Governing Law and Jurisdiction
- These Terms and Conditions are subject to the laws of the country in which We are situated, and their interpretation aligns with these laws.
- Any conflicts arising from or connected to these Terms and Conditions will fall under the exclusive jurisdiction of the courts situated in the same location as Us.
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales. All disputes arising from the Agreement (including disputes or claims not based on contracts) shall be exclusively settled in the courts of England and Wales.
Changes to Terms and Conditions
- We hold the prerogative to modify these Terms and Conditions without prior notification.
- The latest edition of these Terms and Conditions will be made available on Our website.
- Your ongoing utilization of the Products subsequent to any alterations to these Terms and Conditions signifies Your concurrence with the revised Terms and Conditions.5