TERMS AND CONDITIONS

1. Definitions, privacy and personal information

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

Goods: the goods that We are selling to you as set out in the Order;
Order: your order for the Goods and/or Services as set out overleaf;
Services: the services that We are providing to you as set out in the Order;
Terms: the terms and conditions set out in this document;

and

We/Our/Us: Warmer SolutionsLtd (company no. 12744316) whose registered office is at 61 Central Avenue, West Molesey, Surrey, KT8 2RF.
When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

1.2. Our Privacy Policy is available from Us upon request

1.3 Your privacy and personal information are important to Us. Any personal information that You provide to Us will be dealt with in line with Our Privacy Policy, which explains what personal information We collect from You, how and why We collect, store, use and share such information, Your rights in relation to Your personal information and how to contact Us and supervisory authorities if You have a query or complaint about the use of Your personal information.

2. Our contract with you

2.1 These are the terms and conditions on which We supply both Goods and Services to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you sign the Order. You may only buy Goods and Services from Us for non-business reasons. If You are under the age of 18 You may not buy and Goods or Services from Us.

2.3 These Terms will become binding on you and Us when you and We sign an Order, at which point a contract will come into existence between you and Us.

3. Your rights to cancel

3.1 You have the right to cancel the contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day of the conclusion of the contract or date that the contract is varied in accordance with clause 4.3.

3.2 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period expires.

3.3 If you cancel the contract, We will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which We are informed about your decision to cancel the contract. We may make the reimbursement by whatever means of payment We choose but, in any event, You will not incur any fees as a result of the reimbursement.

3.4 If you requested to begin the performance of the Services during the cancellation period, you shall pay us an amount which is proportionate to what has been performed until you have communicated to us your cancellation from the contract, in comparison with the full coverage of the contract.

3.5 Once We have begun to provide the Services to you, you may cancel the contract with immediate effect by giving Us written notice:

3.5.1 If We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing; or

3.5.2 If We go into liquidation or a receiver or an administrator is appointed over our assets.

4. Technical assessment and installation

4.1 After We have accepted your Order, We will contact you to agree an installation date for Us to provide you with the Services. It is very important that We are able to access the property on the agreed installation date and that you are present when the technical assessment (referred to in clause 4.3 below) is carried out.

4.2 We will use all Our reasonable endeavours to meet the agreed installation date and to complete the Services as soon as possible after installation commences. Occasionally due to reasons outside Our reasonable control, We may be unable to carry out the Services on the agreed installation date. In the event that this happens, We will contact you as soon as reasonably practicable to arrange an alternative installation date.

4.3 For all Services apart from LogicFoam spray foam insulation, Superfoil, Properla and Conservatory Roofs, we will carry out a full technical survey prior to the installation date to confirm that the property is suitable for the Goods and/or Services set out in the Order to be provided. Having carried out the technical survey, there may be a reason for Us to vary your original Order or you may wish to add something to the Order. If this is the case, We will:

4.3.1 Provide you with a variation to the Order detailing the changes and a revised price (if applicable). If you are happy to proceed on this basis, We will proceed on the terms of your original Order as varied and We will advise on the payment procedure for the variation to the Order; or

4.3.2 Inform you that it is not feasible to carry out an installation at the property in which case your deposit will be refunded in full within 14 days.

4.3.3 For spray foam insulations, a technical survey will be carried out by Our senior installer on the installation date to confirm that the property is suitable for the Goods and/or Services set out in the Order to be provided. The provisions of clause 4.3 will then apply if necessary.

4.3.4 As part of the spray foam insulation installation, You understand there is to be no re-occupancy of the workspace area for a minimum of 24 hours.

5. Windows, Doors & Conservatories

5.1 Under current applicable legislation it is necessary in certain circumstances to install safety glass. We will at Our discretion use safety glass of either laminated or toughened finish to comply with British Safety Standard 6262.

5.2 All glass used is of the highest quality, but We cannot be held responsible for minor imperfections which are within the visual standards laid down by the Glass and Glazing Federation.

5.3 Where lead or Georgian decorative designs are used We will use Our standard layout at all times as notified to You. Where coloured lead designs are requested We will use Our standard colours and layouts. Where a request for special designs or colours is made, We will use reasonable endeavours to comply but are unable to guarantee exact colour shades or design layouts. All such requests must be clearly marked on the Order.

6. If the goods are faulty

6.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7. Third-party manufacturer's guarantee of goods

7.1 Certain Goods come with a manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the Goods. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.

8. Seller's workmanship guarantee

8.1 In addition to any manufacturer's guarantee, We guarantee that on installation (“Warranty Period”) and for a period shown below from installation, the Goods shall be free from material defects:

However, this guarantee does not apply in the circumstances described in clauses 8.2, 8.3 and 8.4:

8.2 This guarantee does not apply to any defect in the Goods arising from:

8.2.1 fairwear and tear, natural weathering (by which expression We mean arising from reasonable use of the Goods by You and the ordinary operation of natural forces);

8.2.2 wilful damage, neglect, accident, negligence by you or by any third party;

8.2.3 if you fail to operate or use the Goods in accordance with the user instructions;

8.2.4 any alteration or repair by you or by a third party who is not one of Our authorised repairers; and

8.2.5 any specification provided by you

8.3 The guarantee does not extend to existing timber, adjacent to the installation of the Goods, defects in felt or any existing roof or in tiles, leaded or fibreglass valleys or verges, unless such items were refurbished as part of the Order.

8.4 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Representatives' and Showroom samples and photographs are used to demonstrate a typical product, its colour and its composition. No guarantee is given that the product will conform precisely with the samples.

8.5 In respect of windows and conservatories the guarantee does not extend to;

8.5.1 the elimination of condensation, wear on gold/brass or any metal coated furniture, leaks, white glazing gaskets or plumbing (including radiators) sewer works or ground works. 8.5.2 any loss of intensity in the colour of the appearance of a temporary

8.6 In respect of driveways, the guarantee does not extend to;

8.6.1 cracking or other damage caused by repeatedly driving over the same turning circle or other part of the driveway or by movement, expansion or contraction of sub-soil or subbase due to climate changes, water content, tree root activity, underground or mine workings.

8.6.2 any soil or turf, decorative aggregates, loose stone finishes or tarmacking carried out by the Company. This does not affect the Company's obligation to exercise reasonable care and skill when performing the contract and to use products that are satisfactory quality and fit normal purpose.

8.6.3 key bonding, kiln dried sanding, and any damage to either the installation or any adjoining building caused by the fact that, contrary to the Company's advice, the installation has been constructed within 150 millimetres of the damp proof course level or in such a way that it obstructs any air bricks.

8.6.4 damage arising from application of any sealant or other coating on the installation by the Purchaser or any third party.

8.6.5 appearance of any plant growth, such as moss and weeds which have self-seeded, mould fungus stains. The collection of dirt or debris in the pits of pitted products, chips, flakes or scruffs on natural stone or landscaping produce.

9. If there is a problem with the Goods and/or services

9.1 In the unlikely event that there is any defect with the Goods and/or Services during the Warranty Period:

9.1.1 please contact Us and tell Us as soon as reasonably possible;

9.1.2 please give Us a reasonable opportunity to repair or fix any defect or provide a replacement if applicable.

9.2 You will not have to pay for Us to repair or fix a defect with the Goods and/or Services or to provide a replacement under this clause 9.1.

9.3 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described.

9.4 We will try to resolve any disputes with you quickly and efficiently using Our internal complaint handling procedure. If you are unhappy with any other matter, please contact Us as soon as possible.

10. Price and payment

10.1 We will ask to you to pay a deposit when placing the Order for the Goods and Services. Your rights to a refund on cancellation are set out in clause 3. The balance is due after We have performed the Services and such balance shall become immediately due in cleared funds. You do not own the Goods until We have received payment in full.

10.2 Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the installation date, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and Services in full before the change in the rate of VAT takes effect.

10.3 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of NatWest Bank Plc from time to time. This 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. Our liability to you

11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable which shall include without limitation loss of profit , loss of opportunity, emotional distress or inconvenience. 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 this contract.

11.2 Subject to clause 11.7 Our total liability in respect of any foreseeable loss or damage suffered by you as a result of Our breach of the Terms or Our negligence will in all circumstances be limited to the total price payable by you to Us under the Order.

11.3 Subject to clause 11.4 below, we will make good any damage to your property caused by Us in the course of installation or performance of the Services.

11.4 We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us. If internal spray is to be used, you are responsible for ensuring that all items stored in the roof space/loft area are removed before the Services commence on the installation date, including removing items from areas adjacent to walls and ceilings that have to be removed. Roof timbers which are deemed to be part of the decorative finish must be protected by you. You are responsible for the removal of existing curtains, blinds and pelmets prior to the commencement of the installation of new windows. We accept no responsibility for any items or timbers not so removed or protected under any circumstances.

11.5 We supply the Goods and/or Services for domestic, commercial and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit , loss of business, business interruption, or loss of business opportunity.

11.6 All of the Goods that We supply and the products that We use as part of the supply of Services are fully accredited by the relevant product accreditation organization. We make no guarantee or representation as to the recognition or acceptance accorded by third parties (for example mortgage companies) to such accreditations. We are not responsible for any issues with third parties directly or indirectly arising out of or in connection with the supply or use of any products which We use as part of the Services which you have requested as part of your Order.

11.7 We do not exclude or limit in any way Our liability for:

11.7.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

11.7.2 fraud or fraudulent misrepresentation;

11.7.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

11.7.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

11.7.5 defective products under the Consumer Protection Act 1987.

11.8 The balance is payable on completion of the installation or on delivery where the contract is for supply only. Payment shall be made by cash, credit card, cheque payable to Warm Lofts Insulation Ltd and crossed “A/C payee only” or in the case of finance the relevant signed Completion Note.

11.9 Where the Purchaser is arranging finance for the installation the Company reserves the right to deter installation until the Purchaser has produced a copy of a written offer from Building society, Finance House, Bank or other lender.

11.10 We make no guarantee or representation as to the recognition or acceptance accorded by third parties (for example, equity release, mortgage companies, valuers) to such accreditations.

12. Our rights to cancel and applicable refund

12.1 We may have to cancel an Order before the installation date, due to reasons beyond our reasonable control or the unavailability of stock, key personnel or key materials without which We cannot provide the Goods and/or Services. If this happens:

12.1.1 We will promptly contact you to let you know;

12.1.2 if you have made any payment in advance for the Goods and/or Services that have not been provided to you, We will refund these amounts to you; and

12.1.3 where We have already started work on your Order, We will not charge you anything and you will not have to make any payment to Us.

13. Information about us and how to contact us

13.1 We are a company registered in England and Wales. Our company registration number is 12744316 and Our registered office is at 61 Central Avenue, West Molesey, Surrey, KT8 2RF Our registered VAT number is 370302535.

13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by phoning Our customer team at 020 8050 3878 or by e-mailing us at enquiries@warmersolutions.co.uk

13.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Warmer Solutions LTD at 61 Central Avenue, West Molesey, Surrey, KT8 2RF or by emailing enquiries@warmersolutions.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.

14. Other important terms

14.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.2 No one other than a party to the contract between Us and You has any right to enforce any terms of the contract. However, if a person acquires the Goods lawfully from You, You may transfer Our guarantee to that person.

14.3 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.

THIS CONTRACT ACTS AS YOUR GUARANTEE