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Terms & Conditions
This document tells you the terms and conditions on which you make use of our website [cardinalonlinewindows.co.uk] and purchase products.
Please read these terms and conditions carefully before starting to use the website or ordering any products from it. You should understand that by using our site, you express that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our site.
You can print a copy of these terms and conditions for future reference.
INFORMATION ABOUT US
www.cardinalonlinewindows.co.uk is a site operated by CARDINAL WINDOWS (”we”). We are registered in U.K. under company number 09446274.
ACCESSING OUR WEBSITE
Access to our website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice (see Our Site Changes Regularly below). We will not be liable if for any reason our site is unavailable at any time or for any period. Occasionally, we may restrict access to some pages of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with a user identification name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve all rights to any user identification name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all person with access to our site through your internet connection are aware of these terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts of any page(s) from the site for your personal reference, and you may draw the attention of others within your organisation to any material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the material on our site for commercial purposes without obtaining a licence to do from us or our licensors. If you print off, copy or download any part of our site in breach of these terms and conditions, your rights to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We Therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitors to our site, or by anyone who may be informed to any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such materials.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. We reserve the right to report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of -service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may use our site for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any lawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- Any part of our site
- Any equipment or network on which our site is stored
- Any software used in the provision of our site or
- Any equipment or network owned or used by any third party.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this are not limited, and we may take any other action we reasonably deem appropriate.
By placing an order through our site, you warrant that:
(A) You are legally capable of entering into binding contracts.
(B) You are at least 18 years’ old.
(C) You are resident in the U.K. or Ireland.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an email acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes on offer to us to buy a product. All orders are subject to acceptance by us and payment of deposits. We will confirm such acceptance to you by sending you an email that confirms that the product is being produced (the Production Confirmation). The contract between us (Contract) will only be formed when we send you the production confirmation.
The Contract will relate only to those products whose production we have confirmed in the Production Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the production of such Products has been confirmed in a separate Production Confirmation.
The products supplied by Cardinal are bespoke and designed to your specific requirements. Once an order is confirmed, Cardinal immediately procures parts and materials for your products and proceeds to manufacture. There can be no means of cancellation or refund as the product is not saleable to any other party.
AVAILABILITY AND DELIVERY
Your order will be filled by the delivery date set out in the production confirmation or, if no delivery date is specified, then within 8 Weeks unless there are exceptional circumstances. You will receive a confirmation of the delivery date two weeks before arrival. Any damage/claim must be notified to Cardinal Windows on receipt otherwise no responsibility will be accepted by Cardinal Windows.
RISK AND TITLE
The product will be at your risk from the time of delivery or date of collection from our warehouse. Ownership of the product will pass to you when we receive full payment of all sums due in respect of the product, including delivery charges.
PRICE AND PAYMENT
The price of the product will be as quoted on our Window Builder tool, except in cases of obvious error. The prices do include VAT [See VAT below] but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Production Confirmation.
Our site generates prices automatically and it is always possible that, despite our best efforts, some of the Products may have an incorrect calculated price. We will normally verify prices as part of our production procedures so that, where a product’s correct price is less than our stated price, we will change the lower amount when dispatching the product to you. If a product’s correct price is higher than the price state on our website, we will normally, at our discretion, either contact you for Instruction before dispatching the Product, or reject your order and notify you such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have sent you a Production Confirmation. Payment for all Products must be by credit/debit card, Pay Pal account or check. We accept payment with Mastercard, Visa, Maestro and Visa Electron. We will charge for deposits credit or debit card at the point of order. Standard conditions are 50% of invoice required to place order and balance prior to delivery or pick up from our warehouse.
This product is supplied from an EU country and is imported by Cardinal without a VAT charge.
For sale in the UK [pre Brexit] current conditions will apply. Qualifying New Build houses will be charged 0% VAT while replacement, extensions, etc. will be charged at 20%.
For Ireland [ROI] purchases upon provision of a valid VAT no. then products can be supplied at 0% VAT. Where there is not a valid VAT no. then VAT will be charged at UK standard rate of 20%.
OUR REFUNDS POLICY
See note above about bespoke products concerning refunds.
For any other reason, for instance, because you have notified us that you claim that the product is defective, we will examine the returned product. If a fault is found which is applicable to the manufacturer we reserve the right to repair, replace or refund your purchase price within a reasonable period of time.
The product will be inspected prior to pick up or delivery and you will be requested to provide a sign off for the condition of the products.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our parent companies and third parties connected to us hereby expressly exclude in relation to our site and the products supplied.
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equality save that the only warranties to be provided will be those of the manufactures of the product and any claims in respect of defective products or loss arising therefrom shall lay against the manufactures only.
- Loss of anticipated savings
- Loss of data
- Loss of goodwill
- Wasted management or office time: and for any loss or damage of any kind, however arising and weather caused by tort (including negligence) or breach of Contract.
Please note that, since wood is a natural product and is subjected to variations occurring naturally, it is not possible to guarantee an exact colour or touch match in any window, please also note that any Product supplied will be unfinished unless otherwise stated.
If you feel that you have case for complaint, please e-mail us before taking any further steps. We will endeavour to respond to immediately to any complaint.
Applicable laws require 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 site. For contractual purposes, as 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 requirements that such communications be in writing. This condition does not affect your statutory rights.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
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-contractors 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.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to preform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event)
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following.
- Strikes, lock-outs or other industrial action
- Civil commotion, riot invasion, terrorist attack or threat terrorist attack, war (whether declared or not) or treat or preparation for war.
- Fire, explosion, storm, flood earthquake, subsidence, epidemic or other natural disasters.
- Impossibility of the use of railways, shipping, aircraft, motor transport or the means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or a find a solution by which our obligation under the Contract MAY BE PREFORMED DESPITE THE Force Majeure Event.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will be deemed to be amended to be valid and enforceable to the extent permitted by law. If it cannot be so amended it will be deleted but the validity and enforceability of the remaining terms and conditions shall not be impaired or effected in any way.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend theses terms and conditions occasionally. You will be subjected 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 theses 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 we notify you of the change to those policies or these terms and conditions before we send you the Production Confirmation in which case we have the right to assume that you have accepted the changes to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the products).
LAW AND JURISDICTION
Contracts for the purchase of Product through our website and any dispute or claim arising out of our origin connections with them or their subject matter of formation (including non-contractual disputes or claims) will be governed by UK law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of UK.
WINDOW SPECIFICATION AND USE
We will take no responsibility for erroneous specification including mismeasurements, safety glass on any other specification included to your order. We recommend that a competent person or professional trades person e.g.: builder, carpenter be engaged in measuring accurately and reviewing specification.
INSPECTION OF PRODUCT
The purchasers will be requested to sign off condition of product on delivery or pick-up. Any subsequent damage caused by others may be repairable at our charge – out rate.