Rubber Roofing Direct

Of ClassicBond and DuoPly EPDM Rubber Roofing Systems

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Terms and Conditions

Rubber Roofing Direct Ltd.

Terms and conditions of sale

23/10/2014

1.         Introduction

1.1     These terms and conditions shall govern the sale and purchase of products from Rubber Roofing Direct Ltd.  By placing an order you will be accepting these terms and conditions.

1.2     This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

2.         Interpretation

2.1     In these terms and conditions:

(a)      "we" means Rubber Roofing Direct Ltd; and

(b)      "you" means our customer or prospective customer,

                    and "us", "our" and "your" should be construed accordingly.

3.         Order process

3.1     The advertising of products on our website and other sales/product literature constitutes an "invitation to treat" rather than a contractual offer.

3.2     When purchasing products through our website, no contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.3

3.3     To enter into a contract through our website to purchase products from us, the following steps must be taken:

  1. select the product(s) you require and add them to your shopping cart,
  2. then proceed to the checkout,
  3. you will then be taken to the shopping cart summary page.  This will be your final opportunity to identify and correct product input errors prior to making your order.
  4. Then proceed to delivery and payment page
  5. if you are a new customer, you must enter your personal or business details; if you are an existing customer, you must enter your login details,
  6. once you have entered your [personal or business] details or are logged in, you must select your preferred method of delivery and delivery date, enter your payment method and details, and confirm your order and your consent to the terms of this document,
  7. your payment service provider will then process your payment
  8. we will then send you an order confirmation (at which point your order will become a binding contract).  If, for any reason, we are unable to meet your order critera we will contact you within 14 working days to cancel the contract.

3.4     When purchasing products over the phone or in person, no contract will come into force between you and us until payment in full is received and/or an official order form has been signed.

4.         Products

4.1     The following types of products/services are or may be available on our website from time to time:

A: Standard Products consisting of standard off the shelf stock; full standard size rolls of EPDM roofing membrane, Adhesives, Sealants, Tools, Edge trims, some rooflights and lanterns etc.

B: Bespoke Products involving the service of supplying cut to size roofing membranes, roofing tapes, bespoke size or colour edge trims, some rooflights and lanterns.

4.2     We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.         Prices

5.1     Our prices are quoted on our website and other sales/product literature.

5.2     We will from time to time change the prices quoted on our website and other sales/product literature, but this will not affect contracts that have previously come into force.

5.3     All amounts stated in these terms and conditions or on our website, or on any other company literature are stated either inclusive and/or exclusive of VAT.

5.4     It is possible that prices on the website may differ from prices advertised on other sales/product literature; accordingly, we reserve the right to not be obliged to supply the products at the prices offered if they differ from the website.

5.5     In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6.         Payments

6.1     You must, during the checkout process, pay the prices of the products you order and the delivery charge (if applicable) shown in respect to your order.

6.2     Payments may be made by any of the permitted methods specified on our website from time to time.

6.3     If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4     If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)      an amount equal to the amount of the charge-back;

(b)      all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)      an administration fee of GBP 25.00 including VAT; and

(d)      all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

          and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.]

7.         Credit accounts

7.1     If we agree to open an account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.

7.2     If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice before the end of the month following the date of our invoice.

7.3     Accounts will be subject to such credit limits as we may notify to you from time to time.

7.4     If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:

(a)      charge you interest on the overdue amount at the rate of 8% per year above the UK base rate of HSBC Bank Plc (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or

(b)      claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, without prejudice to our other legal rights or rights under these terms and conditions.

7.5     The account holder is responsible for all orders placed.  If the account holder wishes to allow their authorised employees to place orders on their behalf, details of those individuals must be submitted to us in writing.  The same credit limits and terms and conditions will apply to all orders put on the account irrespective of who placed the order. 

7.6     Individuals opening accounts on behalf of limited companies do so as guarantor and such individuals are personally liable and do irrevocably guarantee the payment of all monies owing to Rubber Roofing Direct Ltd by the relevant limited company subject to these terms and conditions.

8.         Deliveries

8.1     Our policies and procedures relating to the delivery of products are set out in this Section 8 and in our delivery policy document.

8.2     We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

8.3     We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

8.4     We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

8.5     We will only deliver products to addresses on the UK mainland, Scottish Highlands, Scottish Islands, Northern Ireland and the Channel Islands.

8.6     Standard delivery charges are as follows:

(a)      Order values less than £500 (exclusive of VAT) will be charged at  £12.50 (exclusive of VAT)

(b)      Standard delivery on order values greater than £500 (exclusive of VAT) will be delivered free of charge.

8.7     The optional non-standard delivery charges are as follows:

          (a)      AM delivery to mainland UK is £22.50

          (b)      Saturday delivery to mainland UK is £25.00

     (c)      Delivery to northern Ireland is £25 (next day service not available)

(d)      Delivery to Scottish Highlands & Scottish Islands is £25 (next day service not available)

(e)      Delivery to the Channel Islands is £25 (next day service not available)

8.8     On receiving the delivery, the products must be examined to ensure that the order (or partial order) is complete and that none of the products have been damaged in transit.  In the event of any missing or damaged products, you must inform the delivery driver before he departs and annotate the delivery note accordingly.  You must notify us in writing within two days of receiving the delivery (or immediately if possible) of any missing or damaged products. 

9.         Cancellation rights:

9.1     This Section 9 applies to any contract for the purchase of Standard Products

9.9     You will not have the right to cancel any part of a contract which relates to the Bespoke Products service for the supply of Roofing membrane or Roofing Tape that has been cut to your specifications, edge trims that have been manufactured or coloured to your exact specifications, rooflights or lanterns that have been manufactured to your exact specifications.

9.2     You may withdraw an offer to enter into a contract with us or cancel a contract entered into with us in writing (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)      beginning upon the submission of your offer; and

(b)      ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

9.3     In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be) in writing. You may inform us by means of any clear statement setting out the decision ie. e-mail, letter etc.  In the case of cancellation, you may inform us using the cancellation form which can be downloaded by clicking here.  To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.4     If you cancel a contract on the basis described in this Section 9, you must send the products back to us (to The Store, 5 Curtis Road, Dorking, Surrey, RH4 1SQ) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

9.5     If you cancel an order in accordance with this Section 9, you will receive a refund of the amount you paid to us for the Standard Products including the costs of delivery to you, except:

(a)      if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)      a 25% re-stocking charge

(c)      If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

9.7     We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

9.8     Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

10.      Risk and ownership

10.1    The products you purchase from us will be at your risk from the time of delivery.

10.2    Ownership of a product that you purchase from us will pass to you upon the later of:

(a)      delivery of the product; and

(b)      receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

10.3    Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

10.4    If you are business customer, then until ownership of a product has passed to you:

(a)      you must store the product separately from other goods; and

(b)      you must ensure that the product is clearly identifiable as belonging to us.

11.      Warranties and representations

11.1    You warrant and represent to us that:

(a)      you are legally capable of entering into binding contracts;

(b)      you have full authority, power and capacity to agree to these terms and conditions;

(c)      all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)      you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

11.2    We warrant to you that:

(a)      we have the right to sell the products that you buy;

(b)      the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)      you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)      the products you buy will correspond to any description published on our website; and

(e)      the products you buy will be of satisfactory quality.

11.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 13.1, all other warranties and representations are expressly excluded.

12.      Breach of product warranty

12.1    If you believe that products you have purchased from us breach any of the warranties set out in Section 11.2, please contact us to discuss the issue and arrangements for the return of the products.

12.2    If products you purchase from us do not conform with the warranties set out in Section 11.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

12.3    If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)      we will not refund the purchase price or exchange the product;

(b)      we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)      if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

13.      Limitations and exclusions of liability

13.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence by us;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation by us;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law,

          and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

13.2    The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)      are subject to Section 13.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

13.3    We will not be liable to you in respect of any losses arising out of any event or events howsoever they occur.

13.4    We will not be liable to you under any contract with you or in tort in respect of any consequential losses, arising howsoever, including (without limitation) business losses, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill or time lost.

13.5    We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.6    We will not be liable to you in respect of any special, indirect or consequential loss or damage arising as a result of the use by you of any of the products ordered from us.

13.5    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with Rubber Roofing Direct Ltd.

13.7    Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid or payable to us in respect to any faulty or damaged Product(s).

14.      Order cancellation

14.1    We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination:

(a)      if you fail to pay, on time and in full, any amount due to us under the contract; or

(b)      if you commit any breach of the terms of the contract.

(c)      if you are or have at any time been rude, abusive or threatening to any member of our staff

(d)      if there is or has been an irregularity or malfunction in the order calculation or cost 

(e)      for any other reason

14.2    If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:

(a)      you cease to trade;

(b)      you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c)      a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d)      the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e)      any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

14.3    We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

15.      Consequences of order cancellation

15.1    If a contract under these terms and conditions is cancelled in accordance with Section 14:

(a)      we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)      you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)      all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 13, 18, 19, 20, 21, 22 and 23 will survive termination and continue in effect indefinitely.

16.      Scope

16.1    These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

16.2    These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

16.3    These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

17.      Variation

17.1    We may revise these terms and conditions from time to time by publishing a new version on our website.

17.2    A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

18.      Assignment

18.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

18.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19.      No waivers

19.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

19.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

20.      Severability

20.1    If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

20.2    If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21.      Third party rights

21.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

21.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

22.      Entire agreement

22.1    Subject to Section 13.1, these terms and conditions[, together with [our delivery policy and our returns policy],] shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

23.      Law and jurisdiction

23.1    A contract under these terms and conditions shall be governed by and construed in accordance with [English law].

23.2    Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of England.

24.      Statutory and regulatory disclosures

24.1    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

24.2    These terms and conditions are available in the English language only.

24.3    Our VAT number is 196 7792 35.

25.      Our details

25.1    This website is owned and operated by Rubber Roofing Direct Ltd.

25.2    We are registered in England and Wales under registration number 09132601, and our registered office is at 282 High Street, Dorking, Surrey, RH4 1QT

25.3    Our principal place of business is at; The Store, 5 Curtis Road, Dorking, Surrey, RH4 1SQ

25.4    You can contact us by writing to the business address given above, by using our website contact form, by email to info@rubberroofingdirect.co.uk or by telephone on 0800 158 8511.