Conditions of use
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.garagedoorspares.com (our site) to you either directly online, through our eBay shop, or via the telephone.
Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Please note references to a consumer apply only if you are acting as an individual and not in the course of your trade, profession or business. References to a business apply only when you are acting in the course of your trade, profession or business. All other terms apply equally in all circumstances. You should print a copy of these terms and conditions for future reference.
When you order online you will be asked to tick a box agreeing to these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1. INFORMATION ABOUT US
www.garagedoorspares.com is a site operated by The Garage Door Company Limited (we or us). We are registered in England and Wales under company number 3104648 and with our registered office at The Garage Door Company, 125 Matilda Street, Sheffield, S1 4QG. Our VAT number is GB 648 2491 15.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the delivery area. We do not accept orders from individuals outside those areas. We do not ship outside of the UK mainland. Delivery charges can be calculated on your basket page.
3. YOUR STATUS
By placing an order through our site, you warrant and confirm that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are resident in one of the Delivery Areas; and
- You are accessing our site from that area.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order online, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
- Your order is an offer to us to buy a Product. All orders are subject to acceptance by us, should for any reason your order not be accepted online or otherwise we will notify you within 3 working days. Your online Order Confirmation is automatic and not proof that an order has been accepted.
- The contract between us, should you order by phone, will only be formed when we send you a written Order Confirmation by post.
- The Contract will relate only to those Products we have confirmed on the Order Confirmation.
5. OUR STATUS
- Please note that we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
- This DISCLAIMER does not affect your statutory rights against any third party.
- From time to time a third party may be involved in a transaction, and we may disclose your customer information related to that transaction to the third party. These third parties may include but are not limited to the garage door manufacturers or our installation sub contractors.
- Because the Products are delivered direct from the manufacturers please note that the timeframe for delivery is only an estimate and the manufacturer will contact you prior to delivery to notify you of a delivery time. This will usually be the day before delivery.
- We will endeavour to ensure your order is filled within the timeframe given at the time of ordering or, if no timeframe is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
- Please note that you will be given notice for delivery but that you will require somebody to be home on the day of delivery to sign for the goods and to help with off loading as there is just one delivery driver.
- You may contact us at any time via phone or email to check at ETA for your order and we will endeavour to help.
- We will not pay any costs or compensation for any delays in your delivery.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery. This means that you will be responsible for any loss or damage to the products once they have been delivered to you.
Ownership of the Products will only pass to you when we receive full payment and you have had the products delivered to you.
8. PRICE AND PAYMENT
- The price of any products will be as quoted on our site, except in cases of obvious error. Please note that our prices may differ slightly from time to time depending on current offers/promotions.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our delivery details.
- Prices may change at any time, but changes will not affect orders for which we have already sent you an order confirmation.
- Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced or sold out of stock. We will normally verify prices as part of our order procedures and you should check the order confirmation carefully when you receive it.
- If the product price is less than the price on our site, we will call you to advise of this and issue a refund for that amount. If the product price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an automatic order confirmation.
- Payment for all products online must be by credit/debit card. For cheque’s, you may phone your order through and then send in a cheque but please note this will delay your order as we will not begin to process it until your cheque has been received and is cleared. We will charge your credit or debit card at the time your order is placed whether online or via the telephone.
- Where you are contracting as a business and have an account, we reserve the right to claim interest on any late payments under the Late Payment of Commercial Debts (Interest) Act 1998.
- We abide by the distance selling regulations and so you have from 7 days of receipt of your order to cancel and return the item to us in the same condition that it was sent to you in, with the following conditions. This applies to spares and to standard garage door sizes/colours.
- Unfortunately, due to the made to order nature of our garage doors you agree that should you wish to cancel the purchase once the manufacturing process has begun you will be subjected to a 30% restocking charge on standard sizes (2134mm x 1981/2134mm and 4267mm x 1981mm/2134mm) assuming they are white fully in colour. For all other colours, and sizes please refer below for bespoke garage doors.
- You will not have any right to cancel a contract for the supply of any bespoke garage doors which have been made to your exact specifications. These are all doors excluding the above sizes in white only. This also includes any doors listed in our clearance section of the website which are sold as seen.
- If the contract is for products excluding bespoke garage doors the cancellation period begins on the day after you receive the products, subject to distance selling regulations.
- If you want to cancel a contract, you must:
- Inform us in writing; and
- return the products to us immediately, in the same condition and packaging in which you received them, and at your own cost and risk. We may be able to collect items for a fee should you require this service. This charge may not be the same as your original cost for delivery.
- You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- If you cancel the contract in accordance with this clause 6 our refunds policy (set out in clause 10/11) will apply.
10. DAMAGED/DEFECTIVE GOODS
- Please check your items carefully upon receipt. In the case of receiving a damaged product you are required to notify us as soon as possible but within 3 working days of delivery. If you fail to notify us within this time period your request may not be accepted.
- When you return a product to us because it is defective, we will examine the returned Product and will notify you of your replacement/refund within a reasonable period of time. If a refund is agreed, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed by email that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- If you receive a damaged/defective garage door, we will process this claim under the manufacturer’s warranty process. We require you to notify us of this in writing by email and send pictures of said damage. If your claim is accepted by ourselves or under the manufacturer’s warranty, we will endeavour to repair/replace your door as soon as possible, however, normal lead times as given with your first order generally apply.
- The door MUST be inspected prior to fitting so any damage can be reported. When a door is fitted you accept that you have been happy with the condition that the door arrived in. We will not process any warranty claims for damage which should have been noticed prior to fitting.
- We will not under any circumstances pay out any compensation for products which have to be replaced either before or after installation.
Please note that under no circumstances are we under any obligation to refund or replace a product that has been damaged after a delivery has been signed for by you or your representative.
11. OUR REFUNDS POLICY – ALL PRODUCTS EXCLUDING BESPOKE GARAGE DOORS
- When you return a product to us because you are a consumer and you have cancelled the contract between us within the cancellation period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive notice of your cancellation or in the event of products that need to be checked upon return within 30 days from when the products arrive back to us. In this case we will refund the price of the product in full, less any cost of sending the item to you. For standard garage doors a 30% restocking fee will apply as stated above (clause 9.2).
- If you are contracting as a business, please note that unless the product is defective subject to clause 10 above we will not be able to refund or replace any products for any reason so please ensure that you provide the correct dimensions for the products.
12. OUR REFUNDS POLICY – BESPOKE GARAGE DOORS
- Upon cancellation by the customer, we reserve the right to refuse any refund for bespoke product made to your specifications.
- In the case of ordering a bespoke garage door size, your order will have been specially made by the manufacturer to your specifications. A bespoke garage door is any door not in the category of standard door sizes or more specifically, not in the sizes of 2134mm x 1981mm/2134 and 4267mm x 1981mm/2134mm. Therefore, should you wish to cancel your order during the process of it being manufactured or after it’s been manufactured we reserve the right to refuse any refund at all or to charge you a restocking charge at our discretion of the original value paid for the door.
- If we agree to accept return of the item, subject to a restocking charge, you will be required to pay a collection charge should you wish the door to be collected. This may not be the same as the original delivery charge. You can arrange your own means of returning the item to us, but do so at your own risk and cost.
13. VOUCHER CODES
Voucher codes are available at certain times and under certain conditions to be used on the website. We reserve the right to cancel any discount code without warning. They cannot be used with any other voucher/special offer.
14. OUR LIABILITY
- We shall endeavour to transfer to you the benefit of any warranty or guarantee given to us by the manufacturers of the products.
- Where you are a consumer we warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased. This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence; or
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability;
- or if you’re a consumer, under section 2(3) of the Consumer Protection Act 1987.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
15. WRITTEN COMMUNICATIONS
- It is a legal requirement that some of the information or communications we send to you should be in writing.
- When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
- For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to The Garage Door Company, 125 Matilda Street, Sheffield, S1 4QG or [email protected]
- We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.
- Notice will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and any person or entity we assign the contract to.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
- Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.