Terms and Conditions
Prices Detailed on this Site
Evander Glazing and Locks reserves the right to amend all pricing detailed on this website without any written warning or notice. All prices on this site are a guide only and are subject to a survey and therefore we reserve the right to amend the price once we have inspected the job before any work is carried out. We will however inform you of any price change before we commence any work and will get approval before we start.
Evander Glazing and Locks has the right to cancel bookings or change any booking date. All bookings are only provisional and will be confirmed by our UK-based contact centre. All products and services are subject to change without prior notification.
You must have a printed comparison price/quote from a VAT registered locksmith located within a three mile radius of the specific area at which you had the work by Evander completed. The written comparison must be for completion in the same timescale as agreed with Evander for the same package of work as detailed on our total invoice. Your claim must be made in writing to the Price Guarantee Manager, Evander Glazing and Locks, Lakeside 300, Old Chapel Way, Broadland Business Park, Norwich, Norfolk NR70WG and accompanied by a printed quote from the comparison locksmith dated within two days of your original invoice.
Any special offer or discount given must be shown in writing on the quote supplied. Our comparison will compare the total price for the job to be completed after all discounts, including parts and labour, not individual line items. Any comparison of goods or services must be to the identical specification and quality of the goods or services supplied by Evander. Only one claim may be submitted with regard to each purchase and is eligible for our price guarantee. Once we verify your claim, we will match the lower price and refund an additional 5% of the refunded amount as cash back, not off the total invoice.
Evander reserves the right to modify or cancel this offer and the terms and conditions at any time at its sole discretion.
Offer DOES NOT APPLY TO the following: Individual line items on an invoice. Locksmiths that are not VAT registered. Discounts not available to the general public, including but not limited to: membership (e.g. The AA), business customer, promotional, unpublished, employee or specially negotiated discounts.
Call Out Charges
Customers submitting an enquiry using this site www.evander.com or calling only 0345 145 0130 will not be charged a call out fee. This offer does not apply to enquiries made by not using www.evander.com or not calling 0345 145 0130.
Installation and Fitting Timescales
Any time for installing or fitting a product stated on this site is a guide only and not part of any quote. Installation and fitting of all products is subject to availability of the product from our suppliers and Evander engineers to fit the item. On ordering the item for installation and fitting, we will confirm a date for installation and fitting. Evander reserves the right to change this date and any timescales on this site without prior written notification.
General Terms & Conditions
- The definitions in this clause apply in the terms and conditions set out in this document: Force Majeure Event: shall have the meaning given in clause 9. Goods: the products that we are selling to you as described in the Order. Order: your order for the Goods and/or Services (whether made by telephone, via our website or otherwise). Order Confirmation: a written document issued by us confirming acceptance of your Order and setting out other information, including information relating to your right to cancel your order. Services: the fitting, installation and other services that we are providing to you as described in the Order. Terms: the terms and conditions set out in this document. Us or we or our: Evander Glazing and Locks Limited. Writing or written: includes faxes and e-mail. You or Your: our customer, who places an Order.
- Headings do not affect the interpretation of these terms.
- BASIS OF SALE
- These Terms and the Order are considered by us to set out the whole agreement between you and us for the sale of the Goods and/or provision of the Services.
- Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues, brochures or website, are issued or published solely to provide you with an approximate idea of the Goods and/or Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods and/or provision of the Services.
- If any of these Terms are inconsistent with any term of the Order (as confirmed by the issue of an Order Confirmation), the Order shall prevail.
- The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
- These Terms shall become binding on you and us (subject to clause 2.8) when:
(a) we issue you with an Order Confirmation; or
(b) we deliver the Goods to you or arrive at your premises to provide the Services,
- whichever is the earlier, at which point a contract shall come into existence between us. This contract may be cancelled by you in accordance with clause 2.7.
- 2.6 We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
- 2.7 You may at any time before any agreed delivery time for the Goods or agreed time for the provision of the Services amend or cancel an Order by calling us on 0345 145 0130. Further information about your right to cancel an Order is set out in the Order Confirmation.
- 2.8 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods and/or Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
- THE GOODS AND/OR SERVICES
- We warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:
(a) conform in all material respects with the manufacturer's specification;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
- We warrant that the Services shall be provided with reasonable skill and care.
- These warranties are in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- These warranties do not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
- We will take reasonable steps to pack the Goods properly and to ensure that you receive the Goods in good condition.
- You must notify us of any claims under these warranties:
(a) within the period of 12 months referred to in clause 3.1 in the case of any claim under the warranty in clause 3.1; and
(b) within 90 days following our completion of the relevant Services in the case of any claim under the warranty in clause 3.2.
- We warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:
- We will take reasonable steps to provide the Goods and/or Services within the timescale that we indicate at the time of your Order. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery time with you.
- If you fail to give us the necessary access to your premises to provide the Services and/or Goods, then, except where this failure is caused by our failure to comply with these Terms, we shall have no liability to you for late delivery.
- If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this.
- DEFECTIVE GOODS AND RETURNS
- In the unlikely event that the Goods and/or Services do not conform with these Terms, please let us know as soon as possible after delivery and in any event by no later than the applicable dates set out in clause 3.6. We will inspect the Goods and/or work we have done in the provision of the Services (as appropriate) and once we have checked that the Goods and/or Services do not conform with the warranties in clauses 3.2 or 3.2 (as appropriate), we will (at our option): either replace or repair the Goods or re-perform the Services.
- The warranties in clauses 3.1 and 3.2 shall apply to the repaired or replaced Goods or the re-performed Services for the remaining balance of the original warranty periods set out in clause 3.6 (so that, for example, if Goods are replaced at the end of the seventh month of the warranty period, the replacement Goods will be covered by the warranty for a further five months).
- TITLE AND RISK
- The Goods will be your responsibility from the time of delivery. Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges (if any).
- PRICE AND PAYMENT
- The price of the Goods and/or Services is as described in your Order as confirmed in the Order Confirmation or, if we have not provided a price in connection with your Order, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
- Unless specifically stated to the contrary, all prices are exclusive of VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
- It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. If the Goods' correct price is higher than the price stated in our Order Confirmation, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you.
- Payment for all Goods must be made by credit or debit card unless we specifically agree with you that we will accept payment in cash or by cheque. In all cases, payment must be made before delivery of the Goods and/or provision of the Services.
- Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
- LIMITATION OF LIABILITY
- Subject to clause 8.2, neither you nor we shall be responsible for any losses that the other suffers as a result of negligence or a failure to comply with these terms, except for those losses which are a foreseeable consequence of the negligence or failure to comply with these Terms.
- Neither of us shall be responsible for the following types of losses that result from our respective negligence or failure to comply with these Terms: (i) loss of income or revenue; (ii) loss of business; or (iii) any waste of time. However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
- This clause does not exclude or limit in any way our liability for: (i) death or personal injury caused by our negligence; or (ii)fraud or fraudulent misrepresentation; or (iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (iv) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (v) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”) including (without limitation): (i) strikes, lock-outs or other industrial action; or (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or (iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (v) impossibility of the use of public or private telecommunications networks.
- Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
- All notices sent by you to us must be sent to Evander Glazing & Locks Limited, Lakeside 300, Broadland Business Park, Norwich, NR7 0WG. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
- You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
- If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
- A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
DATA PROTECTION – CUSTOMER CONSENT
You agree that Evander may hold and process data about you (“the Data”) that you or others may supply to us and that we obtain through the use of our products and services.
The Data may be held and used for the following reasons:
- To process your job and to supply and manage any products and services requested whether by ourselves or via sub-contractors;
- To produce invoices and for customer care related activities;
- To register, if appropriate, the works carried out for you with FENSA and for FENSA (and those entities which process data on their behalf) to process and use data in accordance with the manner set out from time to time by them; and
- Where Evander has been instructed by your insurance company to update their records held about you or to enable them to provide you with services (including assessing insurance risks).
Should you request in writing we will tell you what information we hold about you and provide a copy in accordance with the Data Protection Act. Requests should be made to the Data Controller, Evander, Old Chapel Way, Broadland Business Park, Norwich, NR7 0WG. There is a fee of £10 for this service and payment must accompany your request (cheques should be made payable to Evander).
The information we hold about you is confidential and will only be disclosed outside Evander in accordance with the above, if you request or give consent, to investigate or prevent fraud, if the law permits or it is in the public interest.