WDC DOORS DIRECT: Terms & Conditions of Sal

Please read these Terms carefully before placing an Order with WDC.

By placing an Order with WDC, you signify your agreement to be bound by these Terms and they will be deemed to be incorporated into that Order.

These terms and conditions (“Terms”) govern any Orders for Products placed by a customer (“you” or “your”) on the website www.wdcdoorsdirect.co.uk (the “Website”) and your relationship with WDC (ANGLIA) LIMITED, a company incorporated and registered in England and Wales with company number 10305219 whose registered office is at Prospect House, 28 Great Melton Road, Hethersett, Norwich, Norfolk, NR9 3AB, England, trading as ‘WDC Doors Direct’ (“WDC”, “we”, “our” or “us”).

Key Service Terms (please note that this is a non-exhaustive list for ease of reference only and the full Terms should be read in full below as they are binding on you):

1. PRODUCT SPECIFICATIONS AND MEASUREMENTS: Please take care when selecting a Product and providing the relevant measurements. Any ‘how to’ guides on the Website are for guidance purposes only. We will not be liable for any errors in your Order specification made by you and amendments cannot be made to your Order once the Order has been submitted by you.
2. CANCELLATION RIGHTS: All Products are made in accordance with the Order specifications submitted by you and they are therefore treated as bespoke goods. Consequently, your Order is not capable of cancellation or eligible to receive a refund.

• DELIVERY TIME FRAME: WDC aims to deliver the Products purchased between 5 and 15 days from the date of your order, however we will not be liable for any delays that may occur.

1. Definitions and Interpretation
   • The definitions and rules of interpretation in this clause apply throughout these Terms:

Intellectual Property Rights: any patents, copyright, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs (whether registered or unregistered) database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights or industrial property rights, in each case whether registered or unregistered and including without limitation all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world;

Order: an Order for Products placed by you through the Website;

Product: any of the windows, doors, conservatories or other goods available for purchase through the Website.

• Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
• A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
• The terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
• A reference to ‘writing’ or ‘written’ includes faxes and email unless stated otherwise.

2. Orders
   • All Orders are subject to acceptance and availability. If the Products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the items are available from stock or to cancel your order.
   • Any Orders placed by you will be treated as an offer to purchase the Products from us and we have the right to reject such offers at any time. When you place an Order to purchase a Product from WDC, we will send you a message confirming receipt of your Order and containing the details of your Order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for a Product ordered by you, when we: (i) debit your credit, debit card or PayPal account or (ii) dispatch the Product(s) to you and send an e-mail confirming to you that we’ve dispatched the Product(s) to you (the “Dispatch Confirmation”) (whichever is earliest). If your Order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Dispatch Confirmation.
   • You must be over 18 to place on Order through the Website.
   • If you are not placing an Order as a consumer, you confirm that you have authority to bind any business on whose behalf you place an Order for.

3. Delivery, Title and Risk
   • You will assume the risk for the Products once they have been delivered to the delivery address which you specified in your order. We accept no liability where you provide an incorrect delivery address or where you fail to collect the Products from the delivery address which you specified.
   • Title to any Products you Order on the Website shall pass to you on delivery of the Products provided that we have processed and received payment in full for those Products. Until such time as the property in the Products passes to you, WDC shall be entitled at any time to require you to ‘deliver-up’ the Products to WDC and if you fail to do so, WDC may enter your premises or any third party premises where the Products are stored and repossess the Products. You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of WDC.
   • Please note that whilst we will aim to deliver the Products in accordance with any delivery estimate notified to you, they are estimates only. They are not guaranteed delivery times and should not be relied upon as such. Time shall not be of the essence in relation to delivery of the Products.
   • If you or a designated third party (other than the delivery agent) fails to take delivery of the Order or fails to give WDC adequate delivery instructions at the time stated for delivery (otherwise than by reason of WDC’s fault) then without prejudice to any other right or remedy available to it, WDC may:
     • store the Products until actual delivery and charge you the reasonable costs (including transportation and insurance) of storage; or
     • sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the purchase price or charge you for any shortfall below the purchase price.

4. Price and Payment
   • All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the Website. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect Orders in respect of which we have sent you a Dispatch Confirmation).
   • If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you and we have no control over such charges. You should note that customs policies and practices vary widely from country to country. Additionally, please note that when ordering from WDC, you are considered to be the importer and you must comply with all laws and regulations of the country in which you are receiving the Products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. We recommend that you contact your local customs office for information.
   • Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your Products to you.
   • In the unlikely event that the price shown on a Product webpage or the checkout page is wrong, and we discover this before accepting your Order in accordance with clause 2.2, we are not required to sell the Products to you at the price shown. We always try and ensure that the prices of Products shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the Products that you have ordered we will let you know as soon as possible and give you the option of re-confirming your Order at the correct price or cancelling it.
   • Any typographical, clerical or other error or omission in any sales literature, quotation, price list or other document or information issued by WDC to you shall be subject to correction without any liability on the part of WDC.
   • You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
   • If your credit or debit card payment is not processed successfully for any reason, we reserve the right to re-attempt to process payment. We will give you at least 48 hours’ notice in advance of any re-attempt to process payment by sending an email to the email address you have provided to us. If you do not want us to re-attempt to process payment, you must notify us within 48 hours of us sending you this email.

5. Product Information and Warranties
   • We sell a number of different Products through the Website and each has their own specifications. Please see the relevant Product webpage for the applicable Products in your Order BEFORE placing your Order as these may contain specific terms in relation to suitable uses for the Product and such terms will hereby be deemed to be incorporated into these Terms.
   • WDC does not warrant that the Products will be fit for any particular purpose and it is your responsibility to ensure that any intended location of the Products are suitable for the installation of the Products.
   • You are solely responsible for selecting a Product and providing the relevant Product measurements through the Website. Any ‘how to’ guides on the Website are for guidance purposes only.
   • WDC will not be liable for any errors in your Order specification made by you. Amendments cannot be made to your Order once the Order has been submitted by you.
   • Unless otherwise stated all heights include sills and all mullion, transom and midrail sizes are from edge of frame to centre point of mullion, transom or midrail. Where no sizes are shown for opening sashes default sizes as specified in WDC’s price list shall apply and where no hardware details are included default hardware specifications shall apply.
   • Where shaped or angled frames form part of an Order the hardware on these frames, including handles, may differ from other items in the order and may take longer to deliver.
   • Subject to clause 5.8, WDC warrants that the Products will correspond with their specification at the time of delivery and the following guarantees will be applicable:
     • White U-PVC & Aluminium profiles are guaranteed for 10 years from the date of delivery against discolouration and structural degradation;
     • coloured U-PVC profiles are guaranteed for 5 years from the date of delivery against discolouration & degradation;
     • fittings, locks and ironmongery are guaranteed for 1 year from the date of delivery against mechanical faults only;
     • coloured or painted hardware is guaranteed for 1 year on the finish against discolouration or paint lift. Chips or scratches in the finish should be checked on delivery and reported at that time;
     • sealed units are guaranteed for a period of 5 years from the date of delivery against manufacturing faults only; and
     • for all other Products that do not fall into the above categories, WDC provides a 10 year Product guarantee on all such Products purchased through the Website from the date that you receive the applicable Product.
   • The warranties in clause 5.7 are given by WDC subject to the following:
     • WDC shall be under no liability in respect of any defect in the Products arising from any drawing, design or specification supplied by you;
     • WDC shall be under no liability in respect of any defects arising from fair wear and tear, your negligence, abnormal working conditions, failure to follow the manufacturer’s or WDC’s instructions (whether oral or in writing), misuse or alteration, or repair of the Products without the manufacturer’s or WDC’s approval;
     • WDC shall be under no liability under the above warranties (or any other warranty, condition or guarantee) until the total Order price has been paid in cleared funds;
     • U-PVC profiles should be cleaned regularly with warm soapy water. It is acceptable to periodically use a very light abrasive cleaner on white U-PVC profiles only, (as used for acrylic baths) for the removal of ingrained dirt and grease. This cleaning material should not, however, be used frequently;
     • moving parts should be lightly oiled on a regular basis as should door locks where indicated on the lock face. All moving and visible parts on Espagnolettes should be wiped with a lightly oiled cloth at least once every six months. Handles should be cleaned using the same procedure as for the PVC-u profiles;
     • all residential doors, French doors and patio doors are suitable for general domestic use only and any warranty and/or guarantee covers such general domestic use only.
   • Where a valid claim in respect of any of the Products which is based on a defect in the quality or condition of the Products or their failure to meet specification is notified to WDC in accordance with these Terms, WDC may, at WDC’s sole discretion, either remedy the defective Products (or the part in question), replace them free of charge, or refund to you the price of the Products (or a proportionate part of the price), in which case WDC shall have no further liability to you. Any Products repaired or replaced shall be guaranteed on these Terms for the unexpired period of the aforementioned guarantee only. WDC shall retain the right to inspect any reported defect prior to remedying the defect and you will afford the opportunity for such an inspection during WDC’s normal working hours. You hereby acknowledge that this clause 5.10 sets out your sole remedy for breach of a warranty in clause 5.7.
   • Where you make a claim in respect of glass defects, the guidelines of the G.G.F. and Pilkington PLC will be deemed as the inspection criteria and WDC will not be liable for any reported defects which fall out with those guidelines.
   • All Products are supplied on the understanding that they will be fitted by competent installers who can carry out on-site adjustments as required. WDC will not carry out site visits to make adjustments that should be made by the installers. In the event that you request a service call out (where available), you will be liable for the cost of that call out if the problem is not a manufacturing fault but rather an adjustment issue. Failure to meet this cost will result in recovery proceedings being initiated and the guarantee being withdrawn.
   • WDC will act as a middle man to liaise between component suppliers. In any case that such component suppliers become insolvent and voids their warranty relating to their Products, any warranty passed to you for that Product will cease to apply. WDC will take no responsibility for any loss resulting in the failure of a component supplier.
   • In cases where warranties from component suppliers change, these changes will transfer directly to the warranty given by WDC.
   • Except as set out herein, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
   • Unless expressly indicated otherwise, WDC is not the manufacturer of the Products sold on the Website. While we work to ensure that Product information on the Website is correct, actual Product packaging and materials may contain more and different information to that displayed on the Website. All information about the Products on the Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on the Website. Please always read labels, warnings and directions provided with the Product before use.
   • We reserve the right to make changes in the specification of the Products which are required to conform with any applicable safety or other statutory requirements or which do not materially affect their quality or performance.
   • How do I report a fault with my Product or issue a warranty claim? Please accept our apologies if you believe there is a fault with your item. We take all complaints regarding the quality of our Products seriously and we will need to investigate the reported fault in more detail. In Order to do this we ask that you contact us by emailing sales@wdcdoorsdirect.co.uk. Please provide details of the fault and where possible attach pictures to your message. We will then investigate the claim and resolve the matter in accordance with the applicable warranty rights pursuant to clause 5.2 above. WDC reserves the right to inspect any reported defect prior to providing a remedy and you will be required to provide access for such an inspection during WDC’s normal working hours.

6. Cancellation Rights and Returns
   • It is important that you check your Order upon receipt of the Products and always before use. If any errors occur or issues arise then these need to be reported to us immediately so that we can investigate. For the avoidance of doubt, if you have not notified us of any alleged defect, shortage in quantity, damage or failure to comply with a description or sample within 72 hours of delivery of the Products, the Products shall be presumed to be:
     • in accordance with these Terms;
     • free from any defect or damage which would be apparent on a reasonable examination of the Products; and
     • accepted by you.
   • What should I do if I receive an incorrect item? We have high standards when it comes to packaging your order, however mistakes do occur from time to time. Please accept our apologies if you have received an incorrect item. We will review each case individually when considering the return of the Product; in some cases we may require further information such as pictures so we can choose the best course of action. Our aim is to provide the best solution for you as quickly as possible. 
   • What should I do if my item is damaged? Although we take care to prevent any damage to your Products during transit it is possible that problems may arise. Please accept our apologies if you have received a damaged item. We ask that you do not refuse delivery, instead accept the Products and contact us immediately. Refusal may actually result in a delay of the parcel being returned. You can contact us by emailing sales@wdcdoorsdirect.co.uk. Please attach any pictures you have of the damage to the message. A member of our team will review the details and offer the best resolution to resolve the issue.
   • Will you refund my postage costs to return an item? We are more than happy to refund postage costs to return a Product where the return is required due to our error. For instance: (i) if we sent you the wrong item; or (ii) if the item is damaged or faulty. We will not refund postage costs to return any items due to reported damage or fault where no error was found in the testing process by us. The costs of posting the Product(s) back to you in such circumstances will depend on the item and will be communicated to you after the testing process has been completed by us.
   • Statutory Consumer Right to Cancel: Pursuant to regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the supply of Products through the Website are made to your specifications. and They are therefore treated as bespoke goods. Consequently, your Order is not capable of cancellation or eligible to receive a refund under any circumstances.

7. Limitation of Liability
   • This clause sets out the total liability of each party under these Terms.
   • Nothing in these Terms limits or excludes the liability of either party for death or personal injury which results from negligence or for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party. For the avoidance of doubt, it is your responsibility to use and install the Products with care and skill and WDC will not be liable for any death or personal injury unless it is directly caused by our negligence or it is wholly due to defective Products supplied by us under the Consumer Protection Act 1987 (where applicable).
   • Subject to clause 7.1, neither party will be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
   • Subject to clause 7.1, each party’s total liability to the other party in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with these Terms will be limited to a sum equal to the amount paid or payable by you for the applicable Product(s) in respect of one incident or series of incidents attributable to the order(s) giving rise to such claim for damages.

8. Intellectual Property
   • Unless otherwise agreed, you will not acquire any rights in any Intellectual Property Rights in the Products or in their packaging or labels which include trade marks or brand logos and any such rights which you may acquire will be assigned automatically to WDC. You agree not to remove deface or cover up any name plates, logos or trade marks appearing on the Products.

9. Confidentiality, Privacy and Security
   • We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy.
   • We will only disclose any reasonably confidential information to WDC’s officers, employees, consultants, agents and/or sub-contractors who need access to the confidential information in connection with discharging our obligations under these Terms, provided that they are subject to reasonable confidentiality restrictions. However, nothing in these Terms shall prevent us for disclosing confidential information where this is required by law to be released (e.g. by a court order).
   • When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.
   • To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the Order process against appropriate third party databases.
   • There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
   • By accepting these Terms, you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with all applicable data protection laws and regulations.

10. Amendments to these Terms
    • We reserve the right to make changes to these Terms at any time. You will be subject to the Terms & Conditions of Sale in force at the time that you Order Products from us, unless any change to the Terms & Conditions of Sale is required to be made by law or government authority (in which case it may apply to Orders previously placed by you).

11. Force Majeure
    • Neither party shall be liable for any delay in performing or failure to perform (other than a payment obligation) due to any act of God, war, strike lock-out, industrial action, fire, flood, drought, tempest or any other event beyond the reasonable control of either party. Such delay or failure will not constitute a breach of these Terms and time for the performance of the affected obligations will be extended by such period as is reasonable. If a force majeure event prevents, hinders or delays the affected party’s performance of its obligations for a continuous period of more than four weeks, the party not affected by the event may terminate the Order immediately by giving written notice to the affected party.

12. Miscellaneous
    • These Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that are not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
    • All obligations in these Terms which expressly, or by their nature, are intended to continue beyond the termination of these Terms will survive the termination of these Terms.
    • All notices must be in writing and are deemed given when mailed by registered or certified mail, return receipt requested, to the other party’s address, as notified under these Terms or an order. It is agreed that serving notice by email or fax will not be an effective method of providing notice of a claim under these Terms.
    • You may not assign or sub-contract any of your rights or obligations under these Terms or any related Order for Products to any third party unless agreed upon in writing by WDC.
    • WDC reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract to any third party.
    • If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
    • No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
    • No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
    • If you have any issues with our services, please contact us at sales@wdcdoorsdirect.co.uk. Please note that the European Commission has established the ODR Platform, which is available at http://ec.europa.eu/consumers/odr/, as a potential means of resolving disputes.
    • All calls made to WDC may be monitored or recorded.
    • These Terms are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts. English is the only language offered for the conclusion of the contract between us.