1. Evander warranties for the Goods – applicable to all consumers
We warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:
2. Evander warranties for the Services – applicable to all consumers
We warrant that on delivery, and for a period of 90 days from installation, the Services shall be, or have been, provided with reasonable skill and care.
3. Additional warranties provided by third parties
In addition to the warranties provided by Evander, depending on what Goods and Services are being supplied, You may have additional warranties provided by Evander’s suppliers (the Third Party Warranty). If the terms of the Third Party Warranty provide that the warranty that applies to the Goods is transferable to a third party, then We will use Our reasonable efforts to transfer the benefit of the Third Party Warranty to You. In all cases, You are responsible retaining proof of purchase in respect of any Goods and/or Services for which a Third Party Warranty is applicable.
Further information about the Third Party Warranties and their terms can be found at the aftercare and guarantees page on our website.
Our full legal T&Cs are found after the summary below, in which we set out some of the most common queries. This summary forms part of, and uses terms as defined in, the full terms and conditions.
Please read the full terms and conditions carefully before You submit Your Order to us. These terms tell You who We are, how We will provide products to You, how You and We may change or end the contract, what to do if there is a problem and other important information which is relevant to Your Order. When We use the term ‘Evander’ below, We are referring to Evander Glazing and Locks Limited.
Your Right to Cancel
Most of Our products are custom-made to Your specific requirements, meaning that standard ‘cooling-off’ terms and conditions do not apply, so You will not always be able to cancel Your Order without charge after You have placed it. In particular, there will be no cooling-off period for the following products (but please note that this is not an exclusive list):
Our suppliers have varying timeframes and deadlines which apply to making changes or cancelling Orders. If there is any issue with Your Order, please call Us as soon as You can and We will do our best to help.
Standard and in-stock items (i.e. not bespoke or made to measure items) can be cancelled and returned at any time from the moment You place Your Order up to 14 days after You receive the item on the following terms:
Evander Glazing and Locks Limited
Lakeside 300, Old Chapel Way
Broadland Business Park
In summary, the general position is as follows:
However please carefully read the following exceptions to the general position:
Installation and Fitting Timescales
Any timescale for installing or fitting a product stated in these terms or on an Order Confirmation is a guide only, and does not form part of any official quote or guarantee on timing. We reserve the right to vary these timescales as may be reasonably required by Us. The installation and fitting of all products is subject to the availability of the product from Our suppliers and of Evander engineers to fit the item at Your property.
Upon Ordering an item, We will confirm a suitable date for installation and fitting with You. Evander reserves the right to change any indicative timescales set out on this website without prior written notification. If We need to change an agreed date with You, then We will attempt to contact You ahead of time using the telephone number(s) You provide.
Prices Detailed on this Site
Evander reserves the right to amend all pricing detailed on this website without any written warning or notice. All prices on this site are indicative, and are subject to a site survey being carried out by Us at Your property. The prices on this website are provided for guidance only, and We therefore reserve the right to amend these prices once We have inspected the site and the works to be completed, before any work is carried out. We will, however, inform You of any price change, and will get approval from You to the revised price, before We commence any work.
Please note that all prices, incentives, promotions and special offers are available to consumer customers only, who contract directly with Evander (i.e. not through any third party, agent, or intermediary).
General Terms & Conditions
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
1.2 Headings do not affect the interpretation of these terms.
2. 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.
2.1 Goods may vary slightly from their pictures. The images of the products on Our catalogues, brochures or website are for illustrative purposes only. Although We have made every effort to be as accurate as possible, We cannot guarantee Your product will be identical to these images.
2.2 If any of these Terms are inconsistent with any term of the Order (as confirmed by the issue of an Order Confirmation), the Order (as confirmed in the Order Confirmation) shall prevail.
2.3 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.
2.4 These Terms shall become binding on You and Us when: (a) We issue You with an Order Confirmation; or (b) We deliver the Goods to You or arrive at Your property 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 or as set out in the section above entitled “Your Right to Cancel”.
2.5 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.
2.6 If We cannot accept an Order We will inform You of this and will not charge You for the Goods or Services. This might be because the product You have requested is out of stock, because of unexpected limits on Our resources for which We could not reasonably plan, because We have identified an error in the price or description of the product, or because We are unable to meet a delivery deadline You have specified.
2.7 With the exception of any custom made, bespoke or otherwise made-to-measure items (for which an Order may not be cancelled without charge) You may within certain deadlines (as set out in the section above entitled ”Your Right to Cancel”) 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. This clause is in addition to and does not affect the section above entitled “Your Right to Cancel”.
2.8 We have the right to revise and amend these Terms from time to time. You will be subject to the terms in force at the time We send an Order Confirmation to You, unless any change to 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).
2.9 We only sell to the UK. Our website is solely for the promotion of Our products in the UK. Unfortunately, We do not accept Orders from addresses outside the UK or for fulfillment at addresses outside the UK.
2.10 We reserve the right to change the Goods prior to delivery to reflect changes in relevant laws and regulatory requirements, and to implement minor technical adjustments and improvements.
3. THE GOODS AND/OR SERVICES
3.1 We agree to provide the Warranties to You.
3.2 The Warranties are in addition to, and do not affect, Your legal rights in relation to Goods and Services 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.
3.3 The Warranties do not apply to any defect in the Goods or Services arising from: (a) fair wear and tear; (b) willful damage, accident, negligence by You or any third party; © use of the Goods in a way that We do not recommend; (d) Your failure to follow Our instructions in relation to the use of the Goods, or (e) any alteration or repair You carry out without Our prior written approval or which is carried out by a third party not authorised by Us.
3.4 We will take reasonable steps to package the Goods properly for transit and to ensure that You receive the Goods in good condition.
3.5 You must notify Us of any claims under the Warranties: (a) within the period of 12 months from the date of delivery in the case of any claim under the warranty in paragraph 1 of Appendix 1; (b) within 90 days following Our completion of the relevant Services in the case of any claim under the warranty in paragraph 2 of Appendix 1; and © in all cases, within the time period specified by FENSA and/or GGF in respect of any warranties provided by Us as a result of Our membership with these bodies.
3.6 Clause 5 below sets out how We will deal with a claim under these Warranties.
4.1 We will take reasonable steps to provide the Goods and/or Services within the timescale specified in the Order Confirmation.
4.2 Occasionally, delivery may be affected by factors beyond Our control and so the timescale specified in the Order Confirmation cannot be guaranteed. We will contact You to let You know if We become aware of an unexpected delay and will arrange a new delivery time with You. We will take reasonable steps to minimise the effect of the delay. Provided We do this, We will not be liable for any costs, expenses or other charges or losses which may be caused by the delays, but if there is a risk of substantial delay to Your Order, You may contact Us to end the contract and receive a refund for any Goods or Services You have paid for but have not yet received. For the purposes of these terms, We define a “substantial delay” as any delay that is longer than twice the amount of time quoted in Your Order Confirmation for delivery of the Goods or Services. It is at Our sole discretion to determine that any shorter period of delay constitutes a “substantial delay” for these purposes.
4.3 If You fail to give Us the necessary access to Your property 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, and We may charge You any additional costs incurred by Us as a result. If, despite Our reasonable efforts, We are unable to contact You or are otherwise unable to re-arrange access to Your property, We may end the contract. If We do so, We will refund You any amounts You have paid for the Goods or Services (subject to deductions for wasted delivery charges) and will be under no further obligation to supply You the Goods or Services.
4.4 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We reserve Our rights to deliver the Order in installments. We will not charge You extra delivery costs for this. For the purposes of calculating any “substantial delay”, the delivery shall be treated as completed upon delivery of the final installment.
5. DEFECTIVE GOODS AND RETURNS
5.1 In the unlikely event that the Goods and/or Services do meet the standards set out in the Warranties, please let Us know as soon as possible after delivery and by no later than the time period set out in clause 3.5. We will inspect the Goods and/or work We have done in the provision of the Services (as appropriate) and once We have checked and confirmed that We agree that the Goods and/or Services do not conform with the Warranties (as applicable) We will (at Our option) either replace or repair the Goods, or re-perform the Services.
5.2 The Warranties will apply to the repaired or replaced Goods or the re-performed Services for the remaining time left on the original warranty periods set out in clause 3.5 (so that, for example, if Goods under a 12 month warranty 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).
5.3 Nothing in these Terms will affect Your legal rights relating to defective Goods or Services. Where any Goods We provide are faulty or are not as described, You retain all Your rights under the Consumer Rights Act 2015 and any other applicable legislation. These include a right to reject faulty goods and receive a refund within 30 days of delivery or installation, and a right to request a repair or a replacement of any faulty goods. Additionally, in respect of Goods that are defective and cannot be repaired or replaced, You may be entitled to a full refund up to 6 months from the date of delivery. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office.
6. TITLE AND RISK
6.1 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).
7. PRICE AND PAYMENT
7.1 The price of the Goods and/or Services (and any delivery costs) is as as confirmed in the Order Confirmation. If We have not provided a price in Your Order Confirmation, the price will be as set out in Our standard price list in place at the time of the Order Confirmation. Prices are liable to change at Our discretion at any time, but general price changes will not affect Orders that We have already confirmed in an Order Confirmation.
7.2 Unless specifically stated otherwise, prices do not include VAT and We will charge You VAT on Your Order at the current VAT rate in place on the date of the Order. 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.
7.3 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 confirmation that you accept the increased price before dispatching the Goods, or reject the Order and notify You of the pricing error.
7.4 Payment for all Goods must be made by credit or debit card unless We specifically agree with You that in writing in advance that We will accept payment in cash, by cheque or by bank transfer to the following bank account details:
HSBC Bank PLC, Birmingham, B2 4JU
Account Name: Evander Glazing & Locks
Sort Code: 40−11−18
Account No: 42573989
You must always include the invoice number or job reference when making payment.
In all cases, whatever the method of payment, payment must be made before delivery of the Goods and/or provision of the Services. Please note that Our engineers and surveyors do not accept cash on attendance.
7.5 Without limiting any other remedies or rights that We may have, if You do not pay Us for an Order within the time specified in the Order Confirmation, We may cancel or suspend the Order and any other outstanding Orders until You have paid the outstanding amounts.
7.6 If You think Your invoice is wrong, please contact Us promptly upon receipt to let Us know.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 8.2, neither You nor We shall be responsible for any losses that the other suffers, including any losses caused as a result of Our negligence or a failure to comply with these Terms, except for those losses that are a foreseeable consequence of the negligence or failure to comply with these Terms. We are therefore not responsible to You for unforeseeable loss or damage, but We are responsible to You for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
8.2 Neither of Us shall be responsible for the following types of losses, including where they 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. We are also not responsible for the cost of repairing any pre-existing faults or damage to Your property that We discover in connection with Our delivery of the Goods and Services. However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, Your physical property.
8.3 We will take all reasonable skill and care in carrying out the Services. You also acknowledge that, in instructing Us to undertake the Services, some unavoidable damage may occur due to the nature of the works and services We carry out. While We will make good any damage caused to Your property, it may not be possible to reinstate the property entirely to its prior condition. You accept that We are not liable for any damage or losses caused as a result. This does not affect Your right to expect Us to use all reasonable care and skill in carrying out the Services.
8.4 The terms of this clause 8 do not exclude or limit Our liability in any way where it would be unlawful to do so. This includes Our liability for: (i) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; or (ii) fraud or fraudulent misrepresentation; or (iii) any breach of Your legal rights in relation to the products, including the right to receive products which are: as described and match information We provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; or (iv) losses for which it is prohibited by the Consumer Rights Act 2015 to limit liability; or (v) for defective products under the Consumer Protection Act 1987; or (vi) for any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude Our liability.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information You provide to us: (a) to supply the Goods or Services to You (including sharing with Our authorised sub-contractors and suppliers if required in Order to provide the Goods or Services to You); (b) to process Your payment for the Goods or Services; and © if You agreed to this during the Order process, to give You information about similar products that We provide, but You may stop receiving this at any time by contacting Us using the contact details in clause 10.1. Please refer to Our Privacy Notice for more information on how We may use Your personal information, and who We may share this with. We will only use Your personal data as set out in the Privacy Notice.
10.1 How to contact Us You can contact Us by telephoning Our customer service team on 0345 145 0130, by emailing Us at email@example.com or by writing to Us at Evander Glazing & Locks Limited, Lakeside 300, Broadland Business Park, Norwich, NR7 0WG. If We have to contact You We will do so by telephone or by using the e-mail or postal address You provide to Us in the Order.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 These Terms shall be governed by English law and We both agree to the non-exclusive jurisdiction of the English courts.
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