CONDITIONS OF SALE

PEAKAIM LIMITED TRADING AS THE CONSERVATORY SHOP (“CONSERVATORY SHOP”)

1. Conservatory Shop means Peakaim Limited.

2. The ‘Contract’ means a trading agreement of which these terms conditions are part.

3. The ‘Goods’ mean the subject matter of the contract.

4. The ‘Buyer’ means the purchase of the goods.

5. Reference to ‘we’ means ‘Conservatory Shop’ and ‘you’ means the Buyer.

6. Conservatory Shop shall sell and the Buyer shall purchase the Goods subject to the terms and conditions which constitute the entire agreement between the parties and all other terms, conditions and warranties whatsoever are excluded.

7. Any Notice in writing as specified in these terms shall be addressed to the other party at their principal address.

8. A Contract for Conservatory Shop to sell Goods and the Buyer to buy Goods shall come into existence when the Buyer’s order is paid in full by the Buyer and acknowledged and accepted by Conservatory Shop. This will be acknowledged by e-mail.

9. Any typographical, clerical or other error or omission of any sort in any literature or document submitted to the Buyer or Conservatory Shop shall be subject to correction without any liability on behalf of Conservatory Shop. Conservatory Shop undertakes to inform the Buyer of any correction that may be from time to time be made, as soon as practicable.

10. The Buyer on placing the order, agrees that Conservatory Shop Goods are suitable for the Buyer’s intended purpose and is satisfied that they meet the Buyer’s requirements.

11. Cancellation of the whole or any part of the Contract between Conservatory Shop and the Buyer shall only be agreed to by Conservatory Shop on the condition that the Buyer pays on demand all reasonable costs incurred by Conservatory Shop up to the time of the cancellation, including any loss of profits.

12. The price charged for the Goods shall be that stated on the Conservatory Shop’s website current at the date of payment. Unless otherwise stated Value Added Tax will be included at the prevailing rate.

13. In normal circumstances any quotation given is valid for 30 days from the date given.

14. Costs in respect of normal delivery to mainland England, Wales and Scotland may be charged in addition to the value of the Goods. Additional delivery costs may be charged in relation to deliveries outside the aforementioned areas.

15. Should the Buyer request any variation in delivery dates, quantities, specification or any other matter material to the Contract, Conservatory Shop reserves the right to give an amended price for the whole Contract.

16. Conservatory Shop reserves the right to pass on any increase in price, which results from any event beyond Conservatory Shop’s control.

17. The Buyer shall pay the price of the Goods at the time requested by Conservatory Shop in accordance with the terms agreed at the onset of trading. The Buyer agrees that paying the invoice in full with the order is the essence of the Contract.

18. In the event that after Conservatory Shop accepts your order, Conservatory Shop discovers that Goods ordered are unavailable or that there was a pricing error on our website in respect of the Goods supplied or we do not deliver to your geographical area, we reserve the right not to supply the Goods ordered and to offer you a refund or alternative Goods in accordance with the conditions 19 to 21 inclusive below.

19. If after acceptance of your order Conservatory Shop discovers within fourteen days of such acceptance that all of the Goods are unavailable, Conservatory Shop may terminate the Contract and refund or recredit you within seven working days for any sum that has been paid by you or debited from your credit card for those Goods. In these circumstances, Conservatory Shop will inform you as soon as possible.

20. If within fourteen days of acceptance by us of your order Conservatory Shop discovers that some but not all of the Goods are unavailable, we will no longer supply those unavailable Goods. In the circumstances, Conservatory Shop will contact you detailing the Goods are that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative Goods. If you have not cancelled the Order within fourteen days of receipt of such Notice, we will deliver the available Goods in accordance with condition 21(b) below. We will refund or recredit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable Goods or cancelled order (if you have cancelled it).

21. Every effort is made to ensure that prices shown on Conservatory Shop’s website are accurate at the time you placed your order. If within fourteen days of accepting your order, a pricing error is found in respect of any or all of the Goods you have ordered, Conservatory Shop will notify you as soon as possible detailing the mispriced Goods and offering you an option of:
21.1 Placing a new order at the correct price for those Goods.
21.2 Cancelling the whole of your order or;
21.3 Cancelling your order for the mispriced Goods and reconfirming your order for the correctly priced Goods.


If within fourteen days of receipt of our notice to you, you have not responded by selecting one of the available options outlined in 20.1 to 21.3 above, then

(a) If all of the Goods you have ordered are found to be mispriced, the entire order will be automatically cancelled and Conservatory Shop will refund or recredit for you for any sum you have paid for those Goods or;

(b) If only some of the Goods you have ordered are found to be mispriced, our Contract with you continues and we will deliver the correctly priced Goods, but we will not be obliged to supply you with the mispriced Goods. In these circumstances, we will refund or recredit you for any sum you have paid for the mispriced Goods.

22. To avoid any doubt where Goods are unavailable and you order alternative Goods from us, or where Goods have been mispriced and you subsequently order such Goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant Goods, whether the order is placed through our website or otherwise.

23. If the Buyer fails to make payment with the order, then, without prejudice to any other legal right of remedy Conservatory Shop shall be entitled to either cancel the Contract or suspend the delivery to the Buyer without liability until the requisite payment has been received or insist on performance of the Contract.

24. Notwithstanding the specifications of the Buyer, Conservatory Shop reserves the right to refuse to sell Goods which do not completely comply with all safety and statutory legislation.

25. All drawings, literature technical specifications and samples provided by Conservatory Shop to the Buyer are the copyright of Conservatory Shop and the Buyer undertakes to keep all such copyright material confidential at all times.

26. Conservatory Shop reserves the right to change the product or parts of the product as a consequence of any change of supplier to the Conservatory Shop and this may result in the product differing from the website. Consequently product images on the website are for administrative purposes only and may differ from the actual product.

27. Conservatory Shop shall not be deemed to have breached the Contract, nor shall they be held liable to the Buyer in the event of any failure or delay in Conservatory Shop’s performance of their obligations in relation to the Contract if the failure or delay was beyond the control of Conservatory Shop.

28. Delivery shall be deemed to occur in the instant that the Buyer or specified recipient handles the Goods which Conservatory Shop has allowed to the Buyer. If the Goods are sold on a ‘collect’ basis and the vehicle has loading equipment, deliver occurs in the instant prior to loading.

29. Conservatory Shop will deliver all Goods to the kerbside of the nearest public highway to be the address notified, subject to the Buyer specifying a clear address.

30. Any delivery date or time given by Conservatory Shop is an estimate only. Conservatory Shop cannot be held liable for any costs or expenses should the delivery occur later than expected. The Buyer accepts that the time between order and delivery is not of essence to the Contract.

31. Should the Buyer or their recipient be unable to accept delivery of the Goods at the specified time Conservatory Shop will endeavour to provide adequate storage for the Goods until the Buyer is able to receive them. Conservatory Shop reserves the right to charge the Buyer for all reasonable storage and additional transport costs incurred.

32. In the event that Conservatory Shop is required to recover the Goods supplied, the Buyer will be charged for all costs incurred. The Buyer has the right to return the Goods at his own cost.

33. It is the Buyer’s responsibility to check Goods on receipt and to notify Conservatory Shop, in writing, of any shortages or defects with the Goods within five working days of receipt of the Goods. Conservatory Shop reserves the right to dismiss any such claim beyond this point.

34. Risk of damage to the Goods shall pass to the Buyer on delivery.

35. Conservatory Shop’s employees or agents, other than suitably trained and experienced personnel are not authorised to make any verbal representations regarding the Goods. The Buyer confirms that it will not rely on any such representations for storage, installation, application, use or maintenance of the Goods or for any other purpose.

36. Conservatory Shop shall not be held liable for any defect or damage caused by incorrect handling, storage, installation or subsequent use on the part of the Buyer or any third party. All Goods should be stored in a dry place and stacked upright, slightly raised from the ground and adequately protected from the weather.

37. Conservatory Shop shall not be held liable to the Buyer for any accidental damage, consequential loss, costs, expenses, loss of profits, goodwill, labour costs to any other claim which arises out of the supply of the Goods, their consequent use or resale by the Buyer or third party claims. Conservatory Shop accepts no liability in respect of the following:-

Damage due to accident, storm, flood, neglect, misuse, faults or premature deterioration which results from the Buyer’s failure to comply with Conservatory Shop storage, installation or maintenance instructions. The possible dulling of frames due to weather conditions. Discolouration of acrylic or polycarbonate translucent roofing material due to biological or atmospheric conditions. The failure of the installation to reduce or eliminate condensation.

38. Subject to (36) the following warranties apply to Conservatory Shop Goods which have been paid for in full:
38.1 PVC-u PRODUCT: Should any fault appear in the framework of any product, within ten years for white UPVC and ten years for wood grain profile, from the date of delivery, due to defective materials or workmanship in manufacture. Conservatory Shop will supply a replacement free of charge which will not include the cost of fitting the same.
38.2 SEALED UNIT: Are only covered against failure of the seals. Should any failure of the seals appear in the double glazed seal unit within five years from the date of delivery due to defective materials or workmanship in manufacture, Conservatory Shop will supply a replacement free of charge which will not include the cost of fitting the same.
38.3 FITTINGS: Should any fault appear in the handle, lock or hinge fittings within twelve months from the date of delivery due to defective materials or workmanship in manufacture, Conservatory Shop will supply, free of charge, a handle, lock or hinge which will not include the actual fitting cost of the same.
39. Any repair work carried out or replacements units supplied within the given warranty period under the terms of this warranty will also be covered by the same initial warranty period.

40. Whilst installation is not carried out by the Conservatory Shop personnel. It must be carried out in accordance with current Conservatory Shop fitting instructions. Any installation not carried out in accordance with these instructions will not be covered by any warranty.

41. The Buyer shall have no claim for shortages or defects, unless the Buyer notifies Conservatory Shop in writing, within five working days of the delivery of the Goods. In the event that the Buyer alleges the Goods to be defective, the Buyer must give Conservatory Shop the opportunity to examine the Goods and investigate any complaint made.

42. Where the Buyer presents a valid claim in respect of the quality, condition of the Goods or their failure to meet the Contract specification then the full liability of Conservatory Shop shall be to replace the Goods free of charge or refund the Buyer the purchase price of the Goods only.

43. Amendments, alterations or cancellations will not be accepted after payment has been received.

44. The Buyer shall have no right of cancellation under the Consumer Protection (Distant Selling) Regulations other than in those circumstances specifically provided for in these terms and conditions due to the fact that the Goods are of a bespoke nature.

45. Conservatory Shop reserves the right to charge the Buyer for any late amendment or cancellation of any order that results in Conservatory Shop incurring costs.

46. Without prejudice to any terms and conditions contained herein, the Conservatory Shop shall not be liable to you for any failure or omission on your part to check and obtain (as appropriate or necessary) any planning consents and/or building regulations approvals and any other applicable consents to third parties (by way of example and not invitation) including any covenants in title deeds and documents (“the Consents”) and under no circumstances will you be entitled to return Goods to us as a consequence of failure to obtain the Consents. WE WOULD THEREFORE STRONGLY RECOMMEND YOU TO OBTAIN THE CONSENTS BEFORE PLACING YOUR ORDER.

47. Conservatory Shop may waive any of these terms and conditions. Such a waiver shall not prevent subsequent enforcement, nor shall it be deemed to be a waiver of any subsequent breach.

48. Unless expressly stated in these terms and conditions, all notices from you to Conservatory Shop must be in writing and sent to the Conservatory Shop at Unit G8, Barton Hall Industrial Estate, Hardy Street, Eccles, M30 7NB.

49. The terms of sale and supply for the Goods will be subject to English Law and the English Courts will have jurisdiction in respect of any dispute arising from the Contract.