Term and conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Goods (Goods) listed on our website www.thevehicleglasscompany.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.
1. Information about us
1.1 www.vehicleglasscompany.co.uk is a site operated by the Vehicle Glass Company Limited, a company registered in England and Wales with company number 07925631 (we).
1.2 Our main trading address is Unit 7 Ashtenne Business Park, Union Road, Oldbury West Midlands B69 3EX. Our VAT number is 131 7308 41.
2. Service availability
Our site is only intended for use by people resident in the United Kingdom. We only supply outside of the United Kingdom where a specific arrangement is put in place via telephone on 0121 544 9404 or via email to email@example.com
3. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom; and
(d) You are accessing our site from that country.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.3 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
5. The Goods
5.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
5.2 Although we have made every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
5.3 The packaging of the Goods may vary from that shown on images on our site.
6. Consumer rights
6.1 If you are contracting as a consumer, your legal right to cancel a Contract starts from the date of the Dispatch Confirmation and you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract in accordance with clause 6.1, you must inform us in writing by sending an e-mail to firstname.lastname@example.org.You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation
6.3 If you are contracting as a business, clauses 6.1 does not apply.
6.4 Where you are a Consumer or a Business, you will not have any right to cancel a Contract for the supply of goods made to the buyer’s specification or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly
6.5 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
7. Availability and delivery
7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then where you are acting as a Consumer, delivery shall be within 30 days of the date of the Dispatch Confirmation, and where you are acting as a Business, delivery must be within a reasonable time of the Dispatch Confirmation, unless there are exceptional circumstances.
7.2 If we are unable to supply you with the Goods, for example because the Goods are not in stock or no longer available or because of an error in the price on our site as referred to in clause 9.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
7.3 If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery.
7.4 Subject to the other provisions of these conditions, we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence).
7.5 The delivery note shall be conclusive evidence of the quantity of Goods delivered.
8. Title and Risk
8.1 The risk in the Goods shall pass to you on completion of delivery.
8.2 Title to the Goods shall not pass to you until we have received payment in full (in cash or cleared funds) for:
(a) the Goods; and
(b) any other goods or services that we have supplied to you in respect of which payment has become due.
8.3 Until title to the Goods has passed to you, you shall:
(a) hold the Goods on a fiduciary basis as our bailee;
(b) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(e) notify us immediately if you become subject to any of the events listed in clause 10.2; and
(f) give us such information relating to the Goods as you may require from time to time,
but you may resell or use the Goods in the ordinary course of its business.
8.4 If before title to the Goods passes to you, you become subject to any of the events listed in clause 10.2, or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party premises where the Goods are stored in order to recover them.
9. Price and payment
9.1 The price of the Goods and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices exclude VAT (in the case of sales of businesses) and delivery costs (in the case of both businesses and consumers), which will be added to the total amount due as set out in our Delivery Guide [INSERT AS LINK TO SITE'S DELIVERY GUIDE].
9.3 The price of Goods and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
9.6 We accept payment with:
(a) Credit or debit cards
(b) BACs or telegraphic transfer
9.7 We will not charge your credit or debit card until your order is accepted by us.
9.8 Where you are acting as a business and we have agreed to provide a credit facility to you, payment must be made within 30 days of the end of the month in which the invoice is received. A minimum order may apply in this situation.
9.9 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you has a valid court order requiring an amount equal to such deduction to be paid by us to you.
9.10 If you fail to pay the us any sum due pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of National Westminster Bank PLC, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim reasonable debt recovery costs as set out in the Late Payment of Commercial Debts (Interest) Act 1998.
10. Customer's insolvency or incapacity
10.1 If you become subject to any of the events listed in clause 10.2, or we reasonably believe that you are about to become subject to any of them and notifies you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries under the Contract or under any other contract between us without incurring any liability to you, and all outstanding sums in respect of Goods delivered to the you shall become immediately due.
10.2 For the purposes of clause 10.1, the relevant events are:
(a) you suspend, or threaten to suspend, payment of your debts, or you are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company) you are deemed unable to pay you debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply;
(b) you commence negotiations with all or any class of its creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of you, other than for the sole purpose of a scheme for a solvent amalgamation of you with one or more other companies or the solvent reconstruction of you;
(d) (being an individual) you are the subject of a bankruptcy petition or order;
(e) a creditor or encumbrancer of you attach or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(f) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
(g) (being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;
(h) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(i) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2(a)to clause 10.2(h) (inclusive);
(j) you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business;
(k) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
(l) (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
10.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
11. Our refunds policy
11.1 If you return Goods to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Goods in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with clause 20 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Goods are defective), we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the defective Goods in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
The Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company by the manufacturer of the Goods.
13. Our liability
13.1 Subject to clause 13.3, if we fail to comply with these terms and conditions, we shall only be liable to you up to the purchase price of the Goods and, subject to clause 13.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
13.2 Subject to clause 13.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
However, this clause 13.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 13.2.
13.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Goods under the Consumer Protection Act 1987;
(e) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. Events outside our control
14.1 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 45 days, you shall be entitled to give notice in writing to us to terminate the Contract.
15. Communications between us
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to the Vehicle Glass Company Limited at Unit 7 Imex Industrial Estate, Union Road, Oldbury, West Midlands, B69 3EX and/or email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 6, please see that clause 6 for how to tell us this.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
21. Law and jurisdiction
Contracts for the purchase of Goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.