Terms & Conditions
updated 29.08.2012
This website is owned and operated by ABi Garage Doors Limited trading as ABi Garage Doors (referred to as “ABi Garage Doors/we/our/us”), a company registered in England and Wales, whose registered office is at ABi Garage Doors, Leeds, United Kingdom, LS7 2DQ. Our company registration number is 244 1095 and our VAT registration number is 545 4204 60.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
www.ukgaragedoorspares.co.uk. PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEBSITE.
BY ACCESSING THIS WEBSITE AS A USER (REFERRED TO AS “YOU/YOUR”) YOU
ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS
REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER
FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Our contact details are as follows:
ABI Garage Doors Ltd.
159 – 163 Buslingthorpe Lane
Leeds
LS7 2DQ
United Kingdom
General email: info@ukgaragedoorspares.co.uk
Telephone number: +44(0)113 2629979
Fax number: +44(0)113 2621936
Complaints email: info@abigaragedoors.co.uk
Telephone number: +44(0)113 2629979
Fax number: +44(0)113 2621936
1. INTRODUCTION
* 1.1 You will be able to access most areas of this website without
registering your details with us. Certain areas of this website are only
open to you if you register.
* 1.2 We may revise these terms and conditions at any time by updating
this posting (see date at the top). It is your responsibility to check
this website from time to time to review the current terms and
conditions as each use of this website signifies your acceptance to be
bound by the latest terms and conditions. Certain provisions of these
terms and conditions may be superseded by expressly designated legal
notices or terms located on particular pages of this website. If you do
not wish to accept any new terms and conditions after we have given
notice, you should not continue to use this website.
2. ORDERING FROM US
* 2.1 There are various methods and information on how to place an
order with us throughout other areas of this website. All orders placed
by you via this website are subject to the latest terms and conditions.
* 2.2 As part of our order process you will be given the opportunity to
check your order and to correct any errors. Following receipt of your
order, we will send you an order acknowledgement email, detailing the
products you have ordered. Please note that this email is not an order
confirmation or order acceptance from ABi Garage Doors.
* 2.3 Our acceptance of an order and the completion of a contract
between you and us takes place when we despatch the order even if your
payment has been processed immediately, unless we have notified you that
we do not accept your order or you have cancelled your order. We store
the contract's content and will send you the details of your order as
well as our general terms via e-mail. You can find the terms here at
all times. The details about your recent orders can be found in your
customer login.
* 2.4 We may refuse to accept an order:
- 2.4.1 where goods are no longer available;
- 2.4.2 where we cannot obtain authorisation for your payment or suspect fraud;
- 2.4.3 if there has been a pricing or product description error; or
- 2.4.4 if you do not meet any eligibility criteria set out in our terms and conditions.
* 2.5 Sales to destinations not within our list of shipping
countries will only be accepted with prior arrangement with our export
department and will be subject to pre-payment and a minimum export sale
order value of £250 excluding UK VAT. Their contact details are: ABi
Garage Doors Export Sales, ABi Garage Doors Ltd,159 – 163 Buslingthorpe
Lane, Leeds, LS7 2DQ, United Kingdom Tel: +44(0)113 2629979, email:
sales@abigaragedoors.co.uk
* 2.6 ABi Garage Doors reserve the right to limit the quantity of any
item sold, or prohibit a sale altogether, including but not limited to
prohibiting sales to resellers. In any such event the consumer will be
refunded immediately.
3. PRICING
* 3.1 All prices are in Pounds Sterling and include all taxes
(where applicable) at the current rates but do not include delivery
charges. We reserve the right to express the price exclusive of VAT, but
we shall show VAT separately and include it in the total price.
* 3.2 Where we charge separately for packing, carriage and insurance
and other relevant charges, the appropriate rates are set out in our
specified pricing structure shown elsewhere on this website.
* 3.3 Our prices are reviewed daily and while we try to ensure that all
prices on our website are accurate, errors may occur. If we discover an
error in the price of goods you have ordered we will inform you as soon
as possible and give you the option of reconfirming your order at the
correct price or cancelling it. If we are unable to contact you we will
treat the order as cancelled. If you cancel and you have already paid
for the goods, you will receive a full refund.
4. PAYMENT
* 4.1 ABi Garage Doors takes payment immediately and all goods are
subject to availability. In the event that we are unable to supply a
product, we will inform you of this as soon as possible.
* 4.2 In the interests of preventing fraudulent use of credit, debit
and charge cards, ABi Garage Doors will validate the names, addresses
and other information supplied during the order process against
commercially available records (e.g Electoral Roll data, Credit
Reference Services). A third party may also be instructed to complete
these checks. By ordering from this website you consent to such checks
being made. Any information given may be disclosed to a registered
Credit Reference Agency which may keep a record of the information. All
information provided by you will be treated securely and strictly in
accordance with the Data Protection Act 1998.
* 4.3 If, using our currency selector, you have chosen to display our
prices in Euros or US Dollars instead of UK Pounds; you will still be
charged and invoiced in UK Pounds sterling as we do not accept foreign
currency. At the point of payment, your card issuing bank will convert
the amount paid in UK pounds to Euros / US Dollars using their current
exchange rate. Please bear in mind our Euro / US Dollar display is a
guide and that your bank exchange rate may be different to our online
display and will reflect on your card statement.
5. DELIVERY
* 5.1 Products bought on this website will be delivered to mainland
UK. In the event that you wish your goods to be delivered in another
country where ABi Garage Doors have a native website, you must purchase
your order through the website that corresponds to your country. It is
the country where delivery will take place that determines the country
of purchase.
* 5.2 Please note that non-UK shipping costs may vary depending on
location and the size and weight of the goods. You will be contacted
should this situation arise. If you are not shipping to a country within
the European Union then you may be liable for Import Duty and VAT
charges. Please check with a customs office in your country for
information.
* 5.3 Your order will be delivered to the address you indicated when
you place your order. All goods must be signed for by an adult aged 18
years or over on delivery.
* 5.4 Delivery charges and estimated timescales are specified on our
delivery page and also when you place an order. Unless otherwise agreed
with you and subject to clause 14, delivery of the goods will be within
30 days beginning with the day after you ordered the goods. Risk of loss
and damage of products passes to you on the date when the products are
delivered or on the date of first attempted delivery by us.
6. CANCELLATION AND RETURNS POLICY
* 6.1 All goods and services are sold in accordance with The
Consumer Protection (Distance Selling) Regulations 2000(SI 2000
No.2334). This regulation essentially ensures that the consumer is given
clear information about the goods and services the supplier is
offering, is provided with an order confirmation via email and has a
cancellation period of 30 days from the day after the date of delivery -
during which time the consumer may cancel the contract by notifying the
supplier of their request to cancel either in writing or by email.
* 6.2 If you wish to cancel your order during the cancellation period
set out in clause 6.1, please notify us in writing by letter, fax or by
email. A telephone call is not sufficient unless both you and ABi Garage
Doors agree otherwise.
* 6.3 Once you have notified us that you wish to cancel the contract
with the cancellation period, either before or after you have received
the goods, the goods should be received by us within a reasonable time
period (usually 28 days). In the case of unwanted items the risk and cost of returning the goods to us
shall be borne by the the consumer, unless otherwise agreed with by us. Faulty goods will be supplied with a prepaid envelope for return for inspection. If the product is found not to be faulty, a £5.00 cost of postage will be deducted from your refund total. If you
fail to return the goods to us, you must make the goods available for
collection upon notification from us that we intend to collect the
goods.
* 6.4 Upon cancellation of the contract we will credit your account
with a full refund of the money paid to us, including the cost of
delivery of the goods to you, as soon as possible and in any event not
later than 30 days after receipt of the notice of cancellation. Any goods returns as 'faulty' at the expense of ABi, which are found to be in good working order upon inspection, will be subject to a £5.00 postage deduction from the total refund balance. If you
do not return the goods or do not make the goods available for
collection upon notification from us, we shall be entitled to deduct
the direct cost of recovering the goods from the amount of the refund.
* 6.5 Goods should be returned and re-packed in the original packaging
as received complete 'AS SOLD' and in 'AS NEW' condition (for example,
if the packaging has been opened to examine the product/s you must have
done so without damaging the packaging or the product/s in any way).
* 6.6 You have a duty to take reasonable care of the products while in
your possession and during the cancellation period to maintain them in
the condition in which they were supplied by us. If goods are damaged or
your use of the goods has gone beyond your right to reasonably inspect
and assess the goods, ABi Garage Doors reserves the right to seek
recompense.
* 6.7 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances: -
- 6.7.1 in the case of copyrighted goods (all software, media and installation CDs) where the packaging has been unsealed and/or the product has been registered unless the product is faulty.
- 6.7.2 for Health and Safety reasons to products where the hygienic seal has been removed or broken.
- 6.7.3 to any products that we have made to your specification or customised specifically for you.
* 6.8 If a fault should occur with your product outside the cancellation period and within the 12 month manufacturers' warranty period, you may wish to take your product to any manufacturer’s authorised repair centre (with a copy of your online receipt from us) or you may wish to return the product/s to our returns department, with a copy of your online receipt and a full written description of the fault. Our returns department can send your faulty product/s to the manufacturer or authorised service centre on your behalf. If the product is found to be faulty we will repair it free of charge and return the product/s to you. If we or the manufacturer are unable to repair your product within a reasonable period of time then we can offer you the choice of a full refund or to supply you an alternative product equivalent.
7.LICENCE
* You are permitted to print and download extracts from this website for your own use on the following basis:
- 7.1.1 no documents or related graphics on this website are modified in any way;
- 7.1.2 no graphics on this website are used separately from accompanying text; and
- 7.1.3 any of our copyright and trade mark notices and this permission notice appear in all copies.
* 7.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this website (including without
limitation photographs and graphical images) are owned by us or our
licensors. For the purposes of these terms and conditions, any use of
extracts from this website other than in accordance with clause 7.1
above for any purpose is prohibited. If you breach any of the terms in
these terms and conditions, your permission to use this website
automatically terminates and you must immediately destroy any downloaded
or printed extracts from this website.
* 7.3 Subject to clause 7.1, no part of this website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission.
* 7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
* 8.1 While we endeavour to ensure that this website is normally
available 24 hours a day, we will not be liable if for any reason this
website is unavailable at any time or for any period.
* 8.2 Access to this website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
* 9.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- 9.1.1 How We Will Use the Information About You
From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the goods and services we provide. We or our agents and sub-contractors may contact you by post, email or telephone to ask you for your feedback and comments on our goods and services
* 9.2 You are prohibited from posting or transmitting to or from this website any material:
- 9.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- 9.2.2 for which you have not obtained all necessary licences and/or approvals;
- 9.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- 9.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
* 9.3 You may not misuse the website (including, without limitation, by hacking).
* 9.4 We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or
locate anyone posting any material in breach of clauses 9.2 or 9.3.
* 9.5 You acknowledge and agree to be bound by the terms of our Privacy Policy
10. LINKS TO AND FROM OTHER WEBSITES
* 10.1 Links to third party websites on this website are provided
solely for your convenience. If you use these links, you leave this
website. We have not reviewed all of these third party websites and do
not control and are not responsible for these websites or their content
or availability. We therefore do not endorse or make any representations
about them, or any material found there, or any results that may be
obtained from using them. If you decide to access any of the third party
websites linked to this website, you do so entirely at your own risk.
* 10.2 If you would like to link to this website, you may only do so on
the basis that you link to, but do not replicate, the home page of this
website, and subject to the following conditions:
- 10.2.1 you do not remove, distort or otherwise alter the size or appearance of the ABi Garage Doors logo;
- 10.2.2 you do not create a frame or any other browser or border environment around this website;
- 10.2.3 you do not in any way imply that we are endorsing any products or services other than our own;
- 10.2.4 you do not misrepresent your relationship with us nor present any other false information about us;
- 10.2.5 you do not otherwise use any ABi Garage Doors trademarks displayed on this website without our express written permission;
- 10.2.6 you do not link from a website that is not owned by you; and
* 10.3 your website does not contain content that is distasteful,
offensive or controversial, defamatory, causes annoyance or
inconvenience, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all
applicable laws and regulations. We expressly reserve the right to
revoke the right granted in this clause 10.3 for breach of these terms
and to take any action we deem appropriate.
* 10.4 You shall fully indemnify us for any loss or damage we or any of
our group companies may suffer or incur as a result of your breach of
clause 10.3.
11. REGISTRATION
* 11.1 ABi Garage Doors do not discriminate on the basis of age,
race, nationality, gender, sexual orientation or religion. However;
persons under the age of 16 should only use the website with the consent
of their parent or legal guardian. We encourage all parents and
guardians to monitor the Internet use of their children. Use of this
website by any user shall be deemed to be a representation that the user
is 16 years of age or older.
* 11.2 To register with www.ukgaragedoorspares.co.uk you must be over eighteen years of age.
* 11.3 Each registration is for a single user only. We do not permit
you to share your user name and password with any other person nor with
multiple users on a network.
* 11.4 Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your
password, you should contact us immediately.
* 11.5 We may suspend or cancel your registration immediately at our
reasonable discretion or if you breach any of your obligations under
these terms and conditions.
12. DISCLAIMER
* 12.1 While we endeavour to ensure that the information on this
website is correct, we do not warrant the accuracy and completeness of
the material on this website. We may make changes to the material on
this website, or to the products and prices described in it, at any time
without notice. The material on this website may be out of date, and we
make no commitment to update such material.
* 12.2 The material on this website is provided “as is” without any
conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provide you with this website on the
basis that we exclude all representations, warranties, conditions and
other terms (including, without limitation, the conditions implied by
law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for these terms and conditions
might have effect in relation to this website.
13. LIABILITY
* 13.1 Save as precluded by law, we and any of our group companies,
officers, directors, employees, shareholders or agents of any of them
will not be liable for any losses or damage that you suffer under the
contract which were not a foreseeable consequence of breach of the
contract. We are not responsible for indirect losses which were not
contemplated at the time of the contract including, but not limited to,
any loss of income or profits, loss of business or goodwill, loss of
data, loss of opportunity.
* 13.2 We are not liable for losses that arise in connection with this
website in any way or in connection with the use, inability to use or
the results of use of this website, any websites linked to this website
or the material on such websites, including but not limited to loss or
damage due to viruses that may infect your computer equipment, software,
data or other property on account of your access to, use of, or
browsing this website or your downloading of any material from this
website or any websites linked to this website.
* 13.3 Nothing in these terms and conditions shall exclude or limit our
liability for death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977) or any liability
which cannot be excluded or limited under applicable law.
* 13.4 If your use of material on this website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
* 13.5 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including reasonable legal
fees) arising out of any breach of the terms and conditions by you, or
your use of this website, or the use by any other person using your
registration details.
14. IMPOSSIBILITY OF PERFORMANCE
* ABi Garage Doors shall be relieved of its obligations to perform the contract to the extent that the performance thereof is prevented by events or circumstances beyond our reasonable control including, but not limited to, fire, industrial dispute, war, labour disturbance or causes beyond our reasonable control.
15. COMMENTS, QUESTIONS & COMPLAINTS
* 15.1 ABi Garage Doors welcome your feedback, however, any
comments, ideas, notes, messages, suggestions or other communications
sent to us regarding the website and / or the products and services we
provide shall be and remain the exclusive property of ABi Garage Doors,
and we may use all such communications in any manner, including
reproducing, disclosing and publishing such communications, all without
compensation to you.
* 15.2 We will always - as a matter of courtesy request your permission
before publishing such feedback in any publications available to the
general public or on the ABi Garage Doors website.
16. GOVERNING LAW AND JURISDICTION
* 16.1 These terms and conditions shall be governed by and construed
in accordance with English law. Disputes arising in connection with
these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
* 16.2 We do not warrant that materials/items for sale on the website
are appropriate or available for use outside the United Kingdom. It is
prohibited to access the website from territories where its contents are
illegal or unlawful. If you access this website from locations outside
the United Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
17. MISCELLANEOUS
* 17.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
* 17.2 If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions which
shall continue to have full force and effect.
* 17.3 Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act 1999.