If you are a consumer (i.e. you are an individual purchasing products for domestic or private use) then our Consumer Only Terms and Conditions of Sale as set out below apply to you.

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Terms and Conditions of Sale

CONSUMER ONLY

 

This page tells you information about us and the terms and conditions ("Terms") upon which we sell any of the products ("Products") listed on our website ("our site") to you.

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in Clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 9 January 2015.

These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1 We operate the website www.rainclear.co.uk.  We are Rainclear Systems and we act as an agent for and on behalf of Alumasc Building Products Limited, a company registered in England and Wales under company number 02992960 ("ABP").

1.2 ABP's registered office is at Station Road, Burton Latimer, Kettering NN15 5JP and its main trading address is White House Works, Bold Road, St Helens WA9 4JG. ABP's VAT number is GB 395 9417 96.

1.3 The main trading address of Rainclear Systems is Unit 34a Ganton Way, Techno Trading Estate, Swindon SN2 8ES.

1. Contacting us

2.1 To cancel a Contract in accordance with your legal right to do so as set out in Clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or contact our Customer Services team by telephone on 0800 644 44 26 or 01793 43 53 93. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 644 44 26 or 01793 43 53 93 or by e-mailing us at [email protected].

2.3 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.

1. Our Products

3.1 The images of the Products 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 Products. Your Products may vary slightly from those images.

3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are provided for general information only and may vary.  As a result, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

3.3 If you have any questions about our products, please contact us by telephoning our customer service team at 0800 644 44 26 or 01793 43 53 93 or by e-mailing us at [email protected].

3.4 The packaging of the Products may vary from that shown on images on our site.

1. How we use your personal information

We only use your personal information in accordance with our Privacy Notices. Our Privacy Notices tell you about how we use personal data. The Privacy Notice may change, and you can always find the most up-to-date version of the Privacy Notice at www.alumasc.co.uk/privacy-policy. Please read the Privacy Notice.

1. How the contract is formed between you and us

5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

5.2 Our shopping pages will guide you through the steps you need to take to place an order with us. 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 stage of the order process.

5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in Clause 5.4.

5.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products are to be delivered or have been dispatched ("Delivery Confirmation").  The Contract between us will only be formed when we send you the Delivery Confirmation.

5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in Clause 14.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

1. Our right to vary these Terms

6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.3 We may revise these Terms as they apply to your order from time to time to reflect, amongst other things, changes in relevant laws and regulatory requirements.

6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

1. Your consumer right of return and refund

7.1 There are certain Products on our site which cannot be cancelled once they have been ordered or returned following delivery (unless the Product fails to comply with the warranty set out in Clause 12).  The Products which cannot be cancelled or returned are those Products which are specified as such in the relevant Product's description on our site (including, without limitation, all Products with a lead time or delivery period of more than one (1) day).

7.2 If you require further information about the ability to cancel or return Products on our site,  please contact us by telephoning our customer service team at 0800 644 44 26 or 01793 43 53 93 or by e-mailing us at [email protected].  For all other Products on our site you are entitled to cancel your order or return the Product in accordance with the remaining provisions of this Clause 7.

7.3 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause 7.4. This means that if, during the relevant period, you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

7.4 Your legal right to cancel a Contract starts from the date of the Delivery Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

Your Contract	End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).	The end date is the end of 14 days after the day on which you receive the Product.   Example: If we provide you with a Delivery Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:   one Product which is delivered in instalments on separate days.   multiple Products which are delivered on separate days.	The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.   Example:  If we provide you with a Delivery Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

 

7.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or contact our Customer Services team by telephone on 0800 644 44 26 or 01793 43 53 93 or by post to Unit 34A Techno Trading Estate, Ganton Way, Swindon SN2 8ES. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.  For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

7.6 If you cancel your Contract we will:

   7.6.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. 

   7.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

   7.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

      (a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see Clause 7.9;

      (b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

7.7 If you have returned the Products to us under this Clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7.8 We will refund you on the credit card or debit card used by you to pay.

7.9 If a Product has been delivered to you before you decide to cancel your Contract:

   7.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. For details of how you can send a Product back to us, please contact us by telephoning our customer service team at 0800 644 44 26 or 01793 43 53 93 or by e-mailing us at [email protected];

   7.9.2 unless the Product is faulty or not as described (in this case, see Clause 7.7), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.

7.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

1. Delivery

8.1 We will contact you with an estimated delivery or collection date, which will be within 30 days after the date of the Delivery Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see Clause 14 for our responsibilities when this happens.

8.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.  Please note that re-delivery charges may apply.

8.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us.

8.4 You own the Products once we have received payment in full, including all applicable delivery charges.

8.5 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:

   8.5.1 we have refused to deliver the Products;

   8.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

   8.5.3 you told us, before we accepted your order, that delivery within the delivery deadline was essential.

8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

8.7 If you do choose to cancel your order for late delivery under Clause 8.6 or Clause 8.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

1. International delivery

9.1 Unfortunately, we do not deliver to addresses outside the UK.  You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
Sales to addresses in Northern Ireland are carried out under the Delivered At Place [DAP] incoterm and customers in Northern Ireland will be liable for any additional taxes and customs duties associated with the import of goods into Ireland

9.2 For more information on where we deliver to, please contact us by telephoning our customer service team at 0800 644 44 26 or 01793 43 53 93 or by e-mailing us at [email protected].

1. Price of products and delivery charges

10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 10.4 for what happens if we discover an error in the price of Product(s) you ordered.

10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

10.3 The price of a Product excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

1. How to pay

11.1 You can only pay for Products using a debit card or credit card or via PayPal. We accept the following cards: MasterCard, Visa, Visa Debit and Visa Electron. 

11.2 Payment for the Products and all applicable delivery charges will be taken when you place your order. However, a Contract is not formed when payment is taken.  A Contract is formed in accordance with Clause 5.

11.3 Notwithstanding any payment made by you in accordance with Clause 11.2, we may decline your order at any time before a Delivery Confirmation is sent. If we decline your order but have received payment from you, we will refund the relevant amount(s) to you as soon as possible.

1. Our warranty for the Products

12.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in Clause 12.2.

12.2 The warranty in Clause 12.1 does not apply to any defect in the Products arising from:

   12.2.1 fair wear and tear;

   12.2.2 negligence by you or by any third party (including, by way of example only, during the course of installation work or as a result of painting);

   12.2.3 wilful damage, accident  or abnormal storage or working conditions (including, by way of example only, Products which are fixed to a property which is by the sea or otherwise subject to adverse or extreme weather conditions) ;

   12.2.4 your fail to operate or use the Products in accordance with the user instructions;

   12.2.5 any alteration or repair by you or by a third party who is not one of our authorised repairers; or

   12.2.6 any specification provided by you.

12.3If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

1. Our liability

13.1 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 these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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.

13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3 We do not in any way exclude or limit our liability for:

   13.3.1 death or personal injury caused by our negligence;

   13.3.2 fraud or fraudulent misrepresentation;

   13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

   13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

   13.3.5 defective products under the Consumer Protection Act 1987.

1. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 14.2. 

14.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

   14.3.1 we will contact you as soon as reasonably possible to notify you; and

   14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

1. Other important terms

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. 

15.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in Clause 12 to the recipient of the gift without needing to ask our consent.

15.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at Clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.

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

15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.7 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.