TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.glassdomain.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. They do not affect your statutory rights. You should understand that your continued use of this Website constitutes your agreement to be bound by these terms and conditions which shall govern all transactions on our site to the exclusion of any other terms and conditions.
You should print a copy of these terms and condition for future reference.
Please click the “I Accept” button when prompted, you will not be able to proceed to place any orders without doing so. Please understand that by clicking this button you will accepting these terms and conditions.
INFORMATION ABOUT US
www.glassdomain.co.uk is a site operated by Glassdomain Limited. We are registered in England and Wales under company number 05442338. Our main trading address is 199, Warstone Lane, The Jewellery Quarter, Birmingham, West Mids, B18 6JR. Our VAT number is 864343612.
Our site is only intended for use by people resident in the United Kingdom. We do not ordinarily accept orders from individuals resident outside of the UK.
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old;
You are resident in the United Kingdom and you are accessing our site from that country and
All of the information that you have provided to us, including, and without limitation, your name, payment details, delivery address and telephone number are genuine and accurate.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, 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 constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a receipted invoice. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you this second email (Receipted Invoice).
The Contract will relate only to those Products we have referred to in the Invoice. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed these in a separate Invoice.
CONSUMERS STATUTORY RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with the terms set out below: -
To cancel a Contract, you must inform us in writing.
You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
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.
You will not have the right to cancel a Contract for the supply of a special order or bespoke items.
This provision does not affect your statutory rights.
We have the right not to accept any order requested if:
One or more of the Products ordered was incorrectly described or priced on the Website
The payment transaction is not authorised.
Or you have not complied with the terms of paragraph three of these Terms and Conditions.
If we do cancel your contract we will notify you and will refund to you any sum paid by you to us in respect of the contract as soon as possible and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
The quantity and description of the Products shall be as set out in the Invoice.
All samples, drawings, descriptive matter, specifications and advertising issued and any descriptions or illustrations contained in catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. This is not a sale by sample.
AVAILABILITY AND DELIVERY
We aim to deliver your Products within the anticipated delivery period quoted on your Order Confirmation. If delivery is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
Unless we agree otherwise in writing, delivery of the Products shall take place at the address specified by you when placing the order for the Products.
It is your responsibility to ensure clear and sufficient access for Products delivered to the required location in your dwelling.
In the event of us not being able to gain access to the required location, we reserve the right to levy a charge in respect of such abortive delivery and the costs of any subsequent redelivery of the Product.
The customer is obliged to check the number of packages and their condition before accepting delivery and to state the appropriate formal reservations to the carrier and forwarding agent. Therefore, once the Customer has taken delivery of the goods from the carrier/forwarding agent, the Vendor shall not accept any claim concerning the number or condition of the packs.
Any complaints due to defects of on any other grounds must be received within 8 days after receipt of the goods, and must be made by registered letter with return receipt. Such complaints shall only be formally valid if they are made directly to the vendor. In no case shall complaints on the part of the Customer constitute grounds for refusal to pay or delayed payments: No claims of breach of contract, requests for termination of contract or counter-claims shall be permitted once the aforesaid period has passed.
RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
No Claim shall be considered unless payment of the full price of all invoices, including those not yet due, has been made.
No returns of Goods shall be accepted unless agreed and authorised by the vendor in writing.
Any invoice not rejected or queried within 3 days shall be considered accepted in full. No Claims shall be accepted unless formal complaints are stated on delivery.
PRICE AND PAYMENT
Unless the Product is bespoke and the price is agreed by us in writing, the price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
All prices are inclusive of VAT. Prices 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 Receipted Invoice.
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. We will normally verify prices as part of our invoice procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before issuing an Invoice, 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 a receipted Invoice , if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
Delivery charges are calculated as part of the checkout process.
Payment is accepted by credit or debit card for all Products. We accept payment with Visa, Visa Debit, Visa Electron, MasterCard or American Express. If you wish to pay by other methods e.g. BACS or cheque please call our office.
No payment shall be deemed to have been received until we have received the payments in cleared funds.
OUR LIABILITY TO YOU
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:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
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, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Please also note the terms of our Website Use Policy which apply to all contracts entered into between you and us.
If you order Products from our site for delivery outside the UK, and we accept your order, we shall deliver the Products to the point of embarkation requested by you. You will be responsible for arranging shipment and delivery to you thereafter. There may be import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Where requested upon export of the Products, we will supply you with the requisite documentation to reclaim any VAT paid to us.
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 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 Glassdomain Ltd, company no. 05442338 registered in England and Wales, 199 Warstone Lane, Birmingham B18 6JR Notices can also be presented via email firstname.lastname@example.org . 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 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.
TRANSFER AND 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-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.
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 a Contract that is caused by any act, event, non-happening, omission or accident beyond our reasonable control including without limitation, as a result of Act of God, war, strike, lockout, labour dispute, fire, flood or drought (Force Majeure Event).
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 to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the clause above.
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 to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
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).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non contractual disputes or claims) will be governed by English law. Any dispute or claim arising from, or related to, such Contracts or their formation (including non contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.