| TERMS
AND CONDITIONS In
these terms:
Goods means the window films, custom cut films, products manufactured
or supplied by Window Film Factory and the subject of the order made by
You. You and Your means the person ordering Goods from Window Film Factory.
Window Film Factory or We or Us or Our means Window Film Factory. Our
enquiry line means the telephone number 01752 242965.
OUR
CONTRACT
A legally binding contract with You will only arise once Window Film Factory
has received payment for the Goods in full from You.
PRICE
The price for any Goods ordered by You will be the price shown on the
Price Grid download available from Our website at the time You place Your
order and will include all taxes applicable from time to time.
Delivery charges within the UK mainland are £3.90. Delivery to locations
outside of the UK mainland will be made only with Our express prior agreement
and additional delivery charges may be payable in that event. If You require
delivery outside of the UK mainland You are advised to contact Us in advance
of placing Your order. If there is any change in the delivery charge payable
We will notify You before Your order is accepted by Us.
We will bank cheques and process credit cards when We receive Your order
or as soon as reasonably practicable thereafter. Any cheques which do
not clear will result in Your order being suspended, pending monies clearing.
Should this situation arise, We will advise You in writing. In these circumstances,
delivery dates will be compromised and out of Our control and good will.
RIGHT
FOR YOU TO CANCEL YOUR CONTRACT
You cannot change or cancel Your order if the Goods You have ordered are
manufactured, measured or custom-made to Your requirements or specifications
as these Goods will not be re-saleable by Us. We regret that once Your
order has been accepted by Us in relation to such Goods and entered on
Our manufacturing process, We are unable to accept any changes to these
Goods or cancellation of Your order without levying a handling charge
(see below). If prior to delivery You do wish to change Your order or
cancel it after We have accepted it, please contact us as soon as possible
we will try to assist you. Our acceptance of cancellation of Your order
will be subject to retention by Us of a handling charge equal to 30% of
the price paid for these custom-made Goods. The balance of the price paid
will be reimbursed to You within 30 days of notification of cancellation.
CANCELLATION
BY US
We reserve the right to cancel Your order if We have insufficient stock
to deliver the Goods You have ordered, if the design You have chosen is
not available in the dimensions You have provided, if You require delivery
outside the United Kingdom, or if one or more of the Goods You ordered
was listed at an incorrect price due to a typographical error or an error
in the pricing information made by Us and/or received by Us from Our suppliers.
If We do cancel Your order We will notify You and will refund your payment
as soon as possible but in any event within 30 days of Your order. We
will not be obliged to offer any additional compensation for disappointment
suffered.
STOCK
SHORTAGES
If the Goods You order are unavailable We will notify You as soon as possible
and suggest a suitable replacement.
PRODUCT
DESCRIPTIONS AND MEASUREMENT
The product information and photographs contained within Our website are
provided for illustrative purposes only and We cannot warrant that they
are accurate. If You are in any doubt as to the precise nature of the
product You wish to order, You are advised to request a sample.
As the Goods You order are manufactured according to the design and measurements
You provide in Your order, it is very important that Your order is accurate
in this respect. We cannot accept the return of Goods by reason of the
design or measurements You provided being incorrect. We recommend that
You contact Us by telephone or by E-mail if You would like guidance on
how to take the required measurements accurately.
Whilst every attempt will be made by Window Film Factory to ensure that
the Goods sold and delivered match in every respect any sample or description
shown or given or sent to You, any minor or immaterial variation or change
in colour or pattern between the sample or description and the Goods delivered
shall not entitle You to reject the Goods nor to claim any compensation
for such variation or change.
DELIVERING
YOUR GOODS
We always endeavour to dispatch the Goods as quickly as physically possible.
We use Royal mail and other dispatch companies to that purpose. We offer
next day delivery on film chosen from our design page, if we are in receipt
of Your order before 4.30pm. As a guide, custom designs are usually dispatched
4-5 days after receipt of Your order. It is Your responsibility to be
available to receive post and deliveries. If delivery attempts fail the
goods may be returned to Us & extra delivery costs may then be incurred
by You. ”Leave Next Door” etc. instructions if accepted, will
mean the goods travel at Your risk. Changing delivery addresses is extremely
unreliable once the Goods have left Us. We will notify You by email to
let You know that Your Goods have been dispatched. We rely on You to tell
us if Your Goods have not arrived. We therefore do not entertain claims
for non-delivery if You have not notified Us within 14 days of dispatch
that the Goods have not arrived.
Ownership of, and risk in, the Goods will pass to You once they have been
delivered to You. If You return the Goods under clauses 3 or 9, ownership
of, and risk, in the Goods returned will pass to Us on receipt of the
Goods by Us.
INSTALLATION
OF YOUR FILM
Our fitting instructions will be included with Your delivery. We recommend
that You read these fully before starting to fit Your Goods. If You have
any questions about fitting please contact Us. Window Film Factory will
not be held responsible for any problems encountered in installing Your
Goods. These include, but are not limited to, the presence of bubbles,
scratches, zig-zag patterns, cracked or broken windows, personal injury.
Please follow the instructions carefully to avoid most common installation
problems.
The sets of instructions that We provide have been compiled through trial
and error and experience. They should only serve as a guide and cannot
be blamed for bad installation or problems arising from installation.
DEFECTIVE
GOODS
If Your Goods are defective on delivery, You are entitled to return them
to Us provided You have first contacted Us by telephone, E-mail, or in
writing within 10 working days of the delivery of the Goods in question.
Upon agreement by Us, the Goods should be returned to Us in the packaging
they were received in and securely sealed. If in doubt, please contact
Us by telephone or by E-mail for guidance on how to pack Your Goods for
return.
If on receipt by Window Film Factory it appears that the Goods are defective,
We will promptly arrange to deliver replacement Goods free of charge or,
if You request, a full refund of the price of the defective Goods.
The rights You have under the "defective goods" clauses above
do not limit Your statutory rights as a consumer.
REPRESENTATIONS
No statement, description, or recommendation contained in any brochure,
price list, advertisement, communication, the pages of Our website or
by any employee or agent of Window Film Factory shall be interpreted so
as to enlarge, vary or override in any way, any of these terms and conditions.
EVENTS
BEYOND OUR CONTROL
We shall have no liability to You for any failure to deliver Goods You
have ordered or for any delay in doing so or for any damage or defect
to Goods delivered that is caused by any event or circumstance beyond
Our reasonable control including without limitation, third party default,
strikes, lock-outs and other industrial disputes, breakdown of systems
or network access, flood, fire, explosion or accident.
INVALIDITY
If any part of these terms and conditions is unenforceable (including
any provision in which We exclude Our liability to You) the enforceability
of any other part of these conditions will not be affected.
PRIVACY
We are fully committed to protecting Your privacy and will not disclose
Your information to third parties.
THIRD
PARTY RIGHTS
Except for Our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right under the UK
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
agreement but this does not affect any right or remedy of a third party
that exists or is available apart from that Act.
GOVERNING
LAW
This contract is subject to English law and the exclusive jurisdiction
of the English courts.
FREE
PROOF OFFER - TERMS AND CONDITIONS
The sole purpose of
a free proof is to give the potential customer a brief idea of what their
window film will look like. All proofs are low resolution, with the word
'proof' written across them in semi transparent text.
Once you receive your
PDF proof, you are responsible for verifying the accuracy of all art file
elements including, but not limited to, text and image proportion and
placement, as contained within the proof. Production of your window film
will proceed only after a proof has been approved by you, either verbally
or by email. If you decide not to proceed with your order, no charge will
apply.
Window Film Factory
reserves the right, not to offer a free PDF proof. Reasons for refusal
include, but are not limited to, the proposed idea not being suitable
for frosted window film treatment, due to window film size restrictions,
design complexity and/or manufacturing equipment limitations.
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