EYG Domestic Limited Terms and Conditions of Sale and Installation (“Sale Terms”)
EYG Domestic Limited Terms and Conditions of Sale and Installation (“Sale Terms”)
These Sales Terms apply to contracts for our products and/or services where one of our representatives has met you in person and provided you with a quote for the relevant products and/or services. If you wish to order products and/or services through our website, over the telephone or by email without first meeting one of our representatives, please refer to our website terms and conditions (accessible at: www.eygwindows.co.uk/terms-and-conditions).
These Sale Terms tell you information about us and the legal terms and conditions on which we will supply, install and provide any other services in respect of any of our products (“Products”) for you.
These Sale Terms will apply to any contract between us for the sale of Products and the supply of installation services for those Products and any other services agreed between us (each a “Contract”). Please read these Sale Terms carefully, and make sure that you understand them, before ordering any Products and/or services from us.
These Sale Terms tell you who we are, how we will provide Products and services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. Please note that before placing an order you will be asked to agree to these Sale Terms. If you refuse to accept these Sale Terms, you must not order any Products or services from us.
You should retain a copy of these Sale Terms for future reference.
You may only purchase Products and/or services from us if you are a consumer and at least 18 years old.
These Sale Terms, and any Contract between you and us, are only in the English language.
1. Information About Us
1.1 We are EYG Domestic Limited, a company registered in England and Wales under company number 06266000. Our registered office and main trading address is Wiltshire Road, Dairycoates Industrial Estate, Hull, HU4 6QQ. Our VAT number is 917872880. We are a FENSA registered company.
1.2 If you wish to contact us for any reason, including because you have any complaints, you can contact us by writing to us at the above address, by telephoning our Customer Services team on 0800 181 888 or by e-mailing them at email@example.com. A copy of our complaints handling policy is available on request by contacting our Customer Services team using the details provided above.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address provided to us in your order.
2. Our Products and Services
2.1 The images of our Products and descriptive matter of our services on our website and in our brochures and any samples of our Products in our showroom are for illustrative purposes only. Although we have made every effort to display our Products and describe our services accurately and ensure compliance with BS6206 Class A, we cannot guarantee that those images, samples and descriptions accurately reflect the precise appearance and nature of the Products and services. Your Products and services may vary slightly from those images and descriptions. All double glazed units are manufactured with a black spacer bar as standard.
2.2 The packaging of the Products may vary from that shown on images on our website and in brochures and displays.
2.3 If we are making the Product to measurements you have given us you are responsible for ensuring that those measurements are correct. You can obtain information and tips on how to measure by contacting our Customer Services team using the contact information detailed above.
3. How a Contract Is Formed Between You and Us
3.1 On receipt of an enquiry, we will contact you to acknowledge that we have received your enquiry and will, where applicable, arrange a suitable date and time with you for one of our representatives to attend the delivery address notified to us to carry out measurements and to obtain further information from you. Once we have obtained sufficient information from you we will provide you with a quote for the price of the relevant Products and any services requested, such quote will be valid for a period of three months from the date that such quote is notified to you. If you wish to proceed you will the need to complete the order form provided to you by our representative and send it back to us. Please note that this does not mean that your order has been accepted. Our acceptance of your order will only take place as described in clause 3.3.
3.2 If we are unable to accept your order - for example, the Product cannot be properly installed at the delivery address, because a Product is not in stock or no longer available, because we cannot meet any requested delivery or performance date, or because a credit reference we have obtained for you does not meet our minimum requirements - we will inform you of this and we will not process your order unless you and we otherwise agree. If you have already paid for the Products and/or the services the subject of that order, we will refund you the full amount as soon as possible.
3.3 If we are able to accept your order we will confirm our acceptance of your order to you by sending you an e-mail or letter that confirms that we have agreed to provide the Products and/or the services (such email or letter in each case being a “Contract Confirmation”). A Contract between us will only be formed when we send you the corresponding Contract Confirmation. Following acceptance of your order pursuant to this clause 3.3, we will contact you to arrange for one of our technical surveyors to attend the delivery address notified to us to carry out further measurements and to undertake a survey which, unless otherwise agreed, will be within 21 days of date of the Contract Confirmation.
3.4 We only deliver Products to and provide services within mainland Great Britain. Unfortunately, we do not accept orders from or deliver Products or provide services to addresses outside mainland Great Britain.
4. Your Rights to Make Changes
If you wish to make a change to the Product and/or the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price or the Product and/or the services, the timing of supply or performance or anything else which would be necessary as a result of your requested change. Such changes will be documented in a contract variation form which you will be required to enter into if you wish to go ahead with the change.
5. Our Rights to Make Changes
We may make minor changes to the Products and/or the services ordered:
5.1 to reflect changes in relevant laws and regulatory requirements; and
5.2 to implement minor technical adjustments and improvements (such as minor changes to the Products to improve safety features).
These changes will not affect your use of the Product or the quality of the Product and/or the services provided.
6. Your Rights to End the Contract
6.1 Your rights to end the Contract will depend on what you have purchased, whether there is anything wrong, how we are performing and when you decide to end the Contract:
6.1.1 if what you have purchased is faulty or mis-described you may have a legal right to end the Contract (or get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
6.1.2 if you want to end the Contract because of something we have done or have told you we are going to do, see clause 6.2;
6.1.3 if you have just changed your mind about the Product or the services, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
6.2 If you are ending a Contract for a reason set out at clauses 6.2.1 to 6.2.4 below the Contract will end immediately and we will refund you in full for any Products and/or services which have not been provided or performed and you may also be entitled to compensation. The reasons are:
6.2.1 - we have told you about an upcoming change to the Product, the services or these terms, or an error in the price or description of the Product and/or the services you have ordered which you do not agree to (other than a change under clause 5);
6.2.2 - there is a risk that the supply of the Products and/or the performance of the services may be significantly delayed because of events outside our control;
6.2.3 - we have suspended supply of the Products and/or performance of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
6.2.4 - you have a legal right to end the Contract because of something we have done wrong.
6.3 Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). Most of our Products are “made to measure” and are personalised to fit your property. Your right to change your mind under this clause 6.3 will not apply to such Products. If we have supplied any Products which are not “made to measure” or if we have agreed to provide services only you will, subject to clause 6.4, have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in these terms.
6.4 You do not have a right to change your mind in respect of:
6.4.1 any Products that are made to your specification or are clearly personalised (including but not limited to Products which are “made to measure”);
6.4.2 services, once these have been completed, even if the cancellation period has not expired;
6.4.3 any Products which become mixed inseparably with other items after their delivery;
6.4.4 any Products which are sealed goods that have become unsealed and are not suitable for return due to health protection or hygiene reasons; or
6.4.5 any off-premises Contract the value of which is less than the contractual minimum amount under Regulation 7(4) of the Consumer Contracts Regulations 2013 at the date of this Contract.
6.5 How long you have to change your mind depends on what you have ordered and how it is delivered:
6.5.1 If you purchased services (and no Products) from us, you have 14 days after the day on which you receive the Contract Confirmation. We will not provide such services (or any part of them) to you within the 14 day cancellation period unless you expressly instruct us in writing (which includes selecting an earlier date for providing the services at the time of placing your order). Please note that you shall lose your right to change your mind if you instruct us to provide or to begin providing the services within the 14 day cancellation period and we complete the provision of the services before the expiry of the 14 day cancellation period. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
6.5.2 If you have purchased Products from us and such Products do not fall within the exclusions set out in clause 6.4, you have 14 days after the day you (or someone you nominate) receives the Products, unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the Products.
6.6 To cancel a Contract in accordance with your legal right to do so as set out in this clause 6, you just need to let us know that you have decided to cancel. You can do this by:
6.6.1 - completing the cancellation form attached to these Sale Terms and posting it to us at the address on the form. Or simply write to us at that address, including the information required on the form; or
6.6.2 - by emailing our Customer Services team at firstname.lastname@example.org confirming that you have decided to cancel and providing your name, home address, details of the order and, where available, your phone number and email address.
Cancellation notice by e-mail or by post is effective from the date you send us the e-mail or post the letter to us.
6.7 If you are exercising your right to change your mind, we will:
6.7.1 - refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, for example, any reduction in value which has been caused by you handling the Products in an unacceptable way which would not be permitted in a showroom. If we refund you the price you paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
6.7.2 - refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within three to five days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
6.7.3 - where we are supplying a service only, we will refund you the price you paid for the service. However, please note that we are permitted by law to deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
6.8. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
6.8.1 in respect of any Product which we have not offered to collect, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; and
6.8.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
6.9 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
6.10 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for any Products or any services (whether in whole or in part) we may refund you in vouchers for the relevant part. If any Products or services have been purchased wholly or partly using a voucher code, we will only refund the sum that you actually paid for the relevant Products or services and will not refund the amount of any discount given as a result of the application of the voucher code.
6.11 If you end the Contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us by allowing us to collect them from you. Please call our Customer Services team on 0800 181 888 or e-mail them at email@example.com to arrange collection. If you end the Contract for any of the reasons set out in clause 6.1, we will pay for the costs of return.
6.12 Because you are a consumer, we are under a legal duty to supply Products and services that are in conformity with the relevant Contract. As a consumer, you have legal rights in relation to Products and services that are faulty, defective or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Sale Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. Our Right to End the Contract
7.1 This Contract is subject to our technical surveyor inspecting the delivery address notified to us and undertaking a survey which will, unless otherwise agreed, be carried out within 21 days from our acceptance of your order. In the event of an unsatisfactory survey report (for example, if our survey identifies material adverse structural conditions which prevents us from performing the Contract) we reserve the right to end the Contract by sending written notice to you, along with a full written explanation of the reasons why the survey report was found to be unsatisfactory. If you have already paid for the Products and/or the services the subject of that order, we will refund you the full amount as soon as possible.
7.2 We may end the Contract at any time by writing to you if:
7.2.1 - a credit reference we have obtained for you does not meet our minimum requirements;
7.2.2 - you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
7.2.3 - you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products and/or the services, for example, any information required by our technical surveyor to complete the survey;
7.2.4 - you do not, within a reasonable time, allow us to deliver the Product to you or collect the Product from us; or
7.2.5 - you do not, within a reasonable time, allow us access to your premises to supply any services, including installation services.
7.3 If we end the Contract in the situations set out in clause 7.2, we will refund any money you have paid in advance for Products and/or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8. Product Delivery
8.1 During the order process we will let you know when we will provide the Products to you and/or perform the services for you. Occasionally our delivery to you and/or our performance of the services may be affected by an event outside our control.
8.2 If you are not at home when the Product is delivered and no one is available at your address to take delivery, we will leave a note informing you of how to rearrange delivery. If you do not re-arrange delivery after a failed delivery we will contact you for further instructions and may charge you for storage costs and further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract..
8.3 In order to provide any installation services we may require access to your property and to your water and electricity supply. If you do not allow us such access to perform the installation services (and you do not have a good reason for this) we may charge you additional costs incurred as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract and clause 7.3 will apply.
8.4 Delivery of the Products shall be completed when we (or our chosen delivery services provider) delivers the Products subject of the relevant Contract to the address you gave us. The Products will be your responsibility from that time unless we are also providing installation services in respect of the Products, in which case, the Products will be your responsibility from the time that we complete such installation services. It is important that the address you provide us with is as accurate and detailed as possible and where necessary you provide us with any specific delivery instructions when placing your order.
8.5 You own the Products once we have received payment in full for them.
8.6 If we are installing the Products for you then:
8.6.1 - unless otherwise agreed, you are you are responsible for making suitable arrangements in respect of the refitting of any gas, plumbing, telephone installation, electrical wiring or satellite dishes;
8.6.2 - it is your responsibility to ensure that all burglar/fire alarms are disconnected prior to the installation of the Product and it is your responsibility to make suitable arrangements for such burglar/fire alarms to be reconnected and re-installed after installation of the Product;
8.6.3 - you must inform us in advance if you require the removal of any sashes if double glazed units are to be fitted into existing frames; and
8.6.4 - unless otherwise agreed, we will not be responsible for the removal of bay heads.
8.7 You acknowledge that where the Product is a conservatory, we will be required to install the base for the conservatory not less than 4 weeks prior to the erection of the conservatory building itself. This is to allow for the base to settle and fully dry out before we commence work on the conservatory building.
8.8 Unless we have agreed otherwise, it will be your responsibility to obtain all necessary licences, consents and permissions (including all necessary planning consents and permissions) and to procure that all conditions relating to such licences, consents and permission are complied with. If we have agreed to apply for planning permission on your behalf as part of the Contract then:
8.8.1 - we will confirm with you our charges, and any third party disbursements (such as local authority fees) we will incur for applying for such planning permission before proceeding, which you shall pay in accordance with clause 11.5;
8.8.2 - we will apply to the relevant authorities for planning permission and the requisite building regulations consents before commencing installation of the Product;
8.8.3 - if any consents will only be forthcoming with a revision to the work to be carried out by us which results in any change to the Product, the services or these terms, we will notify you of such change and you may exercise your right to terminate the Contract in accordance with clause 6.2.1;
8.8.4 - if you terminate the Contract pursuant to clause 8.8.3 we will be entitled to payment of our charges for applying for planning permission, our survey fees and any third party disbursements we have incurred.
9. Service Delivery (this clause 9 is only applicable to Contracts for services only)
9.1 We will provide the services to you:
9.1.1 - where your Contract is for the provision of services within a specified time period within the time period set out in your order; and
9.1.2 - where your Contract is for the provision of services on an ongoing basis, from the date set out in the order until the estimated completion date set out in the order.
9.2 We will make every effort to complete the provision of the services on time. However, there may be delays due to an event outside our control.
10. Price of Products and Services, Delivery Charges and Voucher Codes
10.1 The prices of the Products and/or services will be the price quoted by one of our representatives in accordance with clause 3.1. We take all reasonable care to ensure that the prices of Products and services are correct based on the information you have provided and the measurements taken by our representative. Following our acceptance of your order, our technical surveyor will undertake a survey and take further measurements at the delivery address. If our technical surveyor discovers that additional work is necessary, for example owing to structural problems or a genuine mistake made by our representative, we shall inform you in writing of the cost of such additional work and shall attempt to agree with you a revised price. If we cannot reach agreement, you may terminate the Contract and receive a refund in accordance with clause 6.2.
10.2 The prices for our Products and services may change from time to time, but any changes will not affect any order you have already placed.
10.3 The price of each Product and service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the amount of VAT that you pay to the revised amount unless you have already paid for the relevant Products and/or services in full before the change in VAT takes effect.
10.4 The price of each Product includes any delivery charges.
10.5 It is always possible that, despite our efforts, some of the Products and/or services may be incorrectly priced. We will normally check prices before accepting your order. In the event that we discover an error in the price of any Products or services you have ordered or if any voucher code has been incorrectly applied we will contact you to inform you of the error and will give you the option of continuing to purchase the relevant Products and/or services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
10.6 We may send customers individual voucher codes by email or post from time to time. Any such voucher codes may only be applied to purchases made using the account in respect of which the voucher code was offered and registered. Voucher codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue. Voucher codes have no monetary value and must not be sold or transferred to anyone else. Voucher codes cannot be used in conjunction with any other offer. Any breach of the specific terms of a voucher code may result in an order being rejected or an order being void..
10.7 We may also offer general promotional voucher codes which may apply in respect of any, or certain specified purchases made. Such promotional voucher codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue. Promotional voucher codes have no monetary value and must not be sold or transferred to anyone else. Promotional voucher codes cannot be used in conjunction with any other offer. Any breach of the specific terms of a promotional voucher code may result in an order being rejected or an order being void.
11. How to Pay
11.1 You can pay for Products and services using a debit card, credit card, by cheque made payable to “EYG Domestic Limited” or by cash. We accept most debit cards and the following credit cards: Barclaycard; Mastercard; and Amex.
11.2 If you are arranging finance for the Product, we reserve the right to defer manufacture of the Product until you have produced a copy of a formal written offer from the finance provider (e.g. building society, finance house, bank or other lender).
11.3 If you have ordered Products and any installation services for those Products then, unless otherwise agreed, you must make an advance payment of 10% of the total price of the Products and the installation services before we dispatch the Products. We will invoice you for the balance of any monies payable under the Contract on delivery of the Products. You must pay our invoice on the completion of the installation services.
11.4 If you have ordered services only, you must make an advance payment of 25% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 7 days after the date of the invoice.
11.5 If we have agreed to apply for planning permission on your behalf as part of any Contract, you must pay our survey fee and any third party disbursements (such as local authority fees) we will incur in applying for such planning permission in advance of us applying for such planning permission.
11.6 We do not accept liability if the delivery of any Products or the performance of any services is delayed because you have provided us with incorrect payment details.
11.7 If it is not possible to obtain full payment for any Products or services using the payment details you have provided, we may reject your order. This does not affect your statutory rights.
11.8 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% above the base lending rate of Lloyds Bank from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.9 If you have made an application for finance which has been rejected, we may suggest an alternative lender and may provide your information to that alternative lender in order to obtain finance with that alternative lender on your behalf, subject to obtaining your written approval in advance. This may mean that the alternative lender(s) will register a search on your credit file. If your application with the alternative lender is approved we will contact you to inform you of this and to discuss your loan contract with that alternative lender.
12.1 Subject to the exceptions set out below in this clause 12, we warrant that, on delivery and for the appropriate period set out below in clause 12.2 and clause 12.3, the Products shall be free from material defects.
12.2 Subject to clause 12.3, the warranty period for Products which we have installed at your property is ten years from the date of installation. If we have only supplied the Products and have not installed them for you, the warranty period is five years from the date of delivery.
12.3 The warranty period for foiled and coloured Products, including woodgrain, and gold and chrome hardware installed at your property is five years from the date of installation whether or not we install it. The warranty period for brown guttering and electrical goods is twelve months from the date of installation whether or not we install it.
12.4 The warranty in clause 12 does not apply to any defect in the Products to the extent such defect arises from:
12.4.1 - fair wear and tear;
12.4.2 - wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
12.4.3 - failure by you or a third party to use the Products in accordance with the relevant user instructions including those available on our website;
12.4.4 - any alteration or repair by you or by a third party who is not one of our authorised repairers;
12.4.5 - inclement weather where it would not be reasonable to expect the Product to withstand such weather without damage;
12.4.6 - any defective or inadequate specification provided by you or on your behalf;
12.4.7 - subsidence due to soil shrinkage, tree roots or underground workings (e.g. a mine);
12.4.8 - the failure of foundations or structure where these have not been constructed by us;
12.4.9 - discolouration or frost damage to brickwork or minor defects to plaster or brickwork due to settlement; or
12.4.10 - any defect caused by warping, shrinkage, or expansion if such defect occurs more than six months after we have provided any installation services.
12.5 The warranty in clause 12.1 does not apply in respect of marks on glass which are not visible when viewed:
12.5.1 - from a distance of more than 3000mm if the glass is toughened and laminated glass which is within the Glass and Glazing Federation Guidelines; or
12.5.2 - 2000mm in all other cases.
12.6 We give no guarantee, warranty or condition that the installation of the Product will eliminate or reduce condensation from your property as condensation is inevitable in any property which is not adequately ventilated.
12.7 If we are providing installation services, we cannot guarantee that any of your existing doors, windows, frames or other items removed in the installation of the Product will be reusable elsewhere and unless requested by you in writing, we will automatically remove and dispose of all items removed in installation.
12.8 We take all reasonable steps to preserve the appearance of the brass and lead used in Products but by their nature both brass and lead will tarnish when exposed to the atmosphere. The warranty in clause 12.1 does not therefore extend to either brass or lead. We recommend that you regularly maintain such fittings to reduce as far as possible the effects of tarnishing.
12.9 We warrant that any services that we provide shall be provided with reasonable care and skill.
12.10 All claims under this warranty must be made in writing and sent to EYG, Wiltshire Road, Dairycoates Industrial Estate, Hull, HU4 6QQ.
12.11 Following a claim under this warranty, if we are satisfied that the defect has arisen because of faulty workmanship or materials we will, at our option, repair or replace the Product or the faulty component free of charge. If the Product or component is no longer available we will supply the nearest suitable alternative. All works carried out under the warranty will be carried out between 8:00 and 16:30, Monday to Friday (excluding public holidays).
12.12 The warranties in this clause 12 are in addition to, and do not affect, your legal rights as a consumer in relation to any Products or services that are faulty, defective or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.13 All double glazed units are manufactured with a black spacer bar as standard.
13. Our Liability
13.1 If we fail to comply with these Sale Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Sale Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the relevant Contract.
13.2 If we are providing any services in your property, we will make good any damage to your property caused by us while doing so including any damage caused to plaster, floors, rendering or brickwork immediately surrounding any Products we have installed. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. Except as set out in this clause 13, the cost of redecoration following installation of our Products will be your responsibility.
13.3 We only agree to supply our Products and provide our services to you for domestic and private use. You agree not to use any of our Products or services for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13.4 We do not in any way exclude or limit our liability for:
13.4.1 - death or personal injury caused by our negligence;
13.4.2 - fraud or fraudulent misrepresentation;
13.4.3. - any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979 or section 17 of the Consumer Rights Act 2015 (title and quiet possession);
13.4.4 - any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 or sections 9 to 11 and 13 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples);
13.4.5 - defective products under the Consumer Protection Act 1987; or
13.4.6 - any other matter in respect of which we cannot exclude or limit our liability by law.
14. Use of Personal Data
We will process your personal information for the purposes of us performing our obligations under the Contract. Where we extend credit to you for the Products and/or services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15. Other Important Terms
15.1 When we refer, in these Sales Terms, to “in writing”, this will include e-mail.
15.2 We may transfer our rights and obligations under any Contract to any third party, but this will not affect your rights or our obligations under these Sales Terms.
15.3 You may only transfer your rights or your obligations under a Contract to another person if we agree in writing. However, if our Product is installed at your property and you subsequently sell such property, our guarantee at clause 12 will automatically transfer to the new owner of your property and any subsequent owners. We may require the person seeking to rely on the guarantee to produce a letter or chain of letters transferring the benefit of the guarantee to them. We will be happy to provide such a specimen letter.
15.4 Each Contract is between you and us. No other person shall have any rights to enforce the terms of any Contract except as detailed in clause 15.3 in respect of our guarantee.
15.5 Each of the clauses set out in these Sale Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable (whether in whole or in part), the remaining clauses (or the relevant part) will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Sale Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 Please note that these Sale Terms are governed by English law. This means each Contract for the purchase of Products and/or services, and any dispute or claim arising out of or in connection with it, will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Scotland you may also bring proceedings in Scotland.
15.8 - * Offers apply at point of sale and supersedes all other offers.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from any Contract)
To: EYG Domestic Limited
Wiltshire Road, Dairycoates Industrial Estate, Hull, HU4 6QQ firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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