Welcome to our Website at
www.advancedaluminium.co.uk (the "Website"). This Website is
provided by Evander Glazing and Locks, a company registered under
number 1484358 in England and Wales and whose registered office is
at Lakeside 300, Old Chapel Way, Broadland Business Park, Norwich.
NR7 0WG ("Evander", "us", "we" or "our" for short). "You" and
"your" means you as the user of this Website.
TERMS OF USE
ACCEPTANCE OF AGREEMENT
These terms and conditions (the
"Terms") govern your use of the Website and the sale and supply of
all products and information by us via the Website. By accessing
the Website, you agree to these Terms. If you do not agree to these
Terms, you should not use the Website. You should read all the
Terms prior to using the Website.
You should also save and/or print
out a copy of these Terms for future reference.
These Terms, together with any
Contracts (as defined below) and our Privacy Policy shall be
referred to as the "Agreement". This Agreement constitutes the
entire agreement between you and us relating to the subject matter
of the Agreement. If you are uncertain about any of its terms,
write to us at the address set out above and we shall try to
respond to your query as soon as possible.
CHANGES TO THE TERMS
We may, from time to time, make
changes to these Terms. Any revised version of these Terms shall be
effective immediately from when it is displayed on this
Website.
Please review these Terms regularly
to ensure you are aware of any changes made by us.
If you do not agree to such
changes, you should not use this Website or place any further
orders.
ACCESSING THIS WEBSITE
We aim to update the Website
periodically and may change the content at any time. Any of the
materials on the Website may be out of date at any given time, and
we are under no obligation to update such material.
Access to this Website is permitted
on a temporary basis and we reserve the right to withdraw or amend
the service without notice.
From time to time we many restrict
access to some parts of the Website, or to the entire Website, to
users who have registered with us.
If you chose, or are provided with,
a user identification code, password or any other piece of
information as part of our security procedures, you must treat such
information as confidential and you must not disclose it to any
third party.
We have the right to disable your
access to this Website at any time if, in our opinion, you have
failed to comply with any of the provisions of these Terms.
In accessing any part of this
Website, you agree:
- not to use this Website in such a way which disrupts,
interferes with or restricts the use of this Website by other
users;
- not to reverse engineer, decompile, copy or adapt any software
or other code or scripts forming part of this Website or attempt to
transmit to or via this Website any information that contains a
virus, worm, trojan horse or other harmful or disruptive component;
and
- not to change, modify, delete, interfere with or misuse data
contained on this Website or entered by or relating to any third
party user of this Website.
Access to this Website is dependent
upon availability of the worldwide web and we accept no
responsibility for Your inability to access this Website arising
out of circumstances beyond our reasonable control.
RELIANCE ON INFORMATION POSTED
Commentary and other materials
posted on this Website are not intended as advice and should not be
relied upon. To the fullest extent permissible by law, we disclaim
all liability and responsibility arising from any reliance placed
on such information by any visitor to this Website or by anyone who
may be informed of its contents, and all terms, representations,
conditions or warranties that might otherwise be implied in this
Agreement are hereby excluded.
LINKING TO THIS WEBSITE
You may link to our home page,
provided you do so in a way that is fair and legal and which does
not damage our reputation or take advantage of it.
You must not link to this Website
in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
We reserve the right to withdraw
linking permission without notice.
This Website must not be framed on
any other site. You must not remove or obscure by framing or
otherwise, advertisements, the copyright notice, or other
information published on this Website. If you wish to make use of
any material on this Website other than as set out above, please
address your request to
Enquiries at Evander Glazing and Locks
Lakeside 300
Old Chapel Way
Broadland Business Park
Norwich
Norfolk
NR7 0WG.
LINKS FROM THIS WEBSITE
Where this Website contains links
to other sites and resources provided by third parties, these links
are provided for your information only. We have no control over the
contents of those sites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of
them.
If you decide to visit any third
party site, you do so at your own risk. We are not responsible for
the content, accuracy or opinions expressed in such websites.
We do not endorse any linked
website.
LIMITED LICENCE
Subject to these Terms, we grant
you a non-exclusive, non-transferable, revocable, limited right to
access, view, and print out one copy of this Website and all data,
information, graphics, images, text, posts and other content on
this Website, (the "Materials") on a single device strictly in
accordance with these Terms.
You may only view, print out and
use this Website and the Materials for your own personal,
non-commercial use.
INTELLECTUAL PROPERTY
We own, or are licensed to use, all
intellectual property rights in and to this Website and any
infrastructure relating to it.
We expressly reserve all rights in
and to www.advancedaluminium.co.uk, the trade mark, "Advanced
Aluminium" and all other related service marks, trading names or
other trade marks relating to our products and services.
Other trade marks, products and
company names mentioned on the Website may be trade marks of their
respective owners or licensors and the rights in such marks are
expressly reserved to the respective owners or licensors.
You must not modify the paper or
digital copies of any Materials you have printed off or downloaded
in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any
accompanying text.
Our status (and that of any
identified contributors) as the authors of material on the Website
must always be acknowledged.
You must not use any part of the
Materials for commercial purposes without obtaining a licence to do
so from us or our licensors.
If you print off, copy or download
any part of the Website in breach of these Terms, your right to use
this Website will cease immediately and you must, at our option,
return or destroy any copies of the Materials you have made.
PRIVACY POLICY AND COOKIES
If you supply personal details to
Advanced Aluminium through this Website you consent to Evander
maintaining, recording, holding and using such personal data in
accordance with Evander's privacy policy (the "Privacy
Policy").
Evander uses cookies to record
information about a users access to this Website. Users may view
this Website without the use of cookies by leaving this Website,
disabling cookies in their internet browser and re-entering the
Website, but this may limit access to the Website or functionality
of certain web pages within the Website.
Use of this Website without
disabling cookies constitutes consent to Evander collecting and
using information obtained from cookies. For more information about
cookies see Evander's Privacy Policy.
EXCLUSIONS AND DISCLAIMERS
Owing to the nature of the
internet, Evander cannot guarantee that this Website or the
websites to which it is linked will always be available to you. You
should ensure that you have appropriate protection against viruses
and other security arrangements in place whilst using the
internet.
Evander does not represent or
warrant that this Website will be error-free, free of viruses or
owner harmful components, or that defects will be corrected.
This Website and any information or
other material contained in it are made available strictly on the
basis that you accept it on an 'as is' and 'as available' basis.
The material displayed on this Website is provided without any
guarantees, conditions or warranties as to its accuracy.
TERMS OF SALE
ORDERS AND ORDERING PROCEDURE
This Website is only intended for
use by people resident in the Territory (the "Territory" is the
United Kingdom). We do not accept orders from individuals outside
of the Territory. By placing an order on this Website you warrant
that:
- you are legally capable of entering into binding
contracts;
- you are at least 18 years old; and
- you are resident in the Territory.
After placing an order on this
Website, you will receive an email from us acknowledging that
Advanced Aluminium has received your order. Please note that this
does not mean that your order has been accepted. All orders are
subject to acceptance by Advanced Aluminium and we will confirm
this acceptance to you by sending an email (the "Confirmation
Email") confirming the order has been accepted. The contract
between us relating to the sale of goods to you via the website
(the "Contract") will only be formed once we have sent you the
Confirmation Email and will be subject to the Terms of Sale.
Advanced Aluminium will use its
reasonable endeavours to keep copies of all Contracts and orders
placed by you using the Website, but cannot guarantee that it will
keep a copy of every Contract or order for an unlimited time due to
the number of orders for products that it receives. You should
print out the Confirmation Email in relation to all purchases and
keep them in a safe place as a record of each transaction. You may
request a copy of any Contract by writing to us at the address at
the top of these Terms. All Contracts will be concluded in
English.
PRICES AND PAYMENT
The prices for any products ordered
will be as quoted on the Website from time to time, except in the
case of obvious errors. All prices are inclusive of VAT and the
cost of delivery.
Prices are liable to change at any
time, but changes will not affect orders in respect of which we
have already sent you a Confirmation Email.
This Website contains a large
number of products and it is always possible that, despite Advanced
Aluminium's best efforts, some of the products may be incorrectly
priced. We will normally verify prices as part of our dispatch
procedures so that, where a product's correct price is less than
the stated price, we will charge the lower amount when dispatching
the product to you. If a product's correct price is higher than the
price stated on the Website, we will normally, at our discretion,
either contact you for instructions before dispatching the product,
or reject your order and notify you of such rejection.
You may pay for your order by
direct debit or by credit or debit card (depending on the
acceptable method of payment for the product in question you wish
to purchase). Credit card and debit payments can be made either
on-line (via our SSL secure payment system), or by phone using one
of the following credit cards: VISA, MasterCard or Switch/Maestro.
We will charge your credit card or debit your bank account before
we authorise release of the product in question. All credit card
payments are subject to validation checks and authorisation by the
card issuer.
You undertake that if you are
purchasing something from this Website that (i) any credit
information you supply is true and complete, (ii) charges incurred
by you will be honoured by your credit card company, and (iii) you
will pay the charges incurred by you at the posted prices,
including any applicable taxes.
DELIVERY AND AVAILABILITY
Advanced Aluminium anticipates that
products ordered via the Website will be delivered to the address
specified within our standard delivery time of up to 21 days from
the date when payment for the products is received by us in cleared
funds. If you wish to arrange a different delivery period, you can
contact us and we will try to accommodate your request, but we
cannot guarantee that we will be able to meet your required
timescale.
All products are subject to
availability. Where any product turns out to be temporarily
unavailable, we may offer a replacement product to you. You have
the right to accept or refuse this replacement product. If you
choose to refuse it you will be able, at your option, to either
order another product from the Website or cancel your order and
claim a refund.
OWNERSHIP AND RISK
Ownership of and risk in all
products will only pass to you when Advanced Aluminium has received
full payment in respect of all sums due in respect of the Contract,
including delivery charges.
REFUND AND RETURN POLICY
You may cancel your order at any
time and for any reason within 7 working days of delivery of the
products ordered.
For clarity, 'working' days do not
include Saturdays, Sundays and public holidays.
If you wish to cancel an order you
must notify us in writing and return the products 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 good
care of the products while they are in your possession. If you fail
to comply with this obligation, we may have a right against you for
compensation.
Orders for certain products may not
be cancelled - these include: (a) products that have been clearly
personalised; and (b) care kits if their wrapping has been removed.
If you wish to cancel your order you must notify us of your wish to
cancel in writing and you must return the product(s) to us (at your
expense) in their original wrapping, intact and accompanied by all
accessories and documentation that were part of the delivery.
We will refund any monies paid to
us in respect of a cancelled order within 30 days of receiving your
notice of cancellation.
EVENTS OUTSIDE OUR CONTROL
Advanced Aluminium 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 events outside our reasonable control (a "Force Majeure
Event").
A Force Majeure Event includes any
act, event, non-happening, omission or accident beyond our
reasonable control and includes in particular (without limitation)
the following:
- strikes, lock-outs or other industrial action;
- 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;
- impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport;
- impossibility of the use of public or private
telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of
any government.
Advanced Aluminium's performance
under a Contract is deemed to be suspended for the period that the
Force Majeure Event continues, and we will have an extension of
time for performance for the duration of that period. Advanced
Aluminium will use its reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our
obligations under the Contract may be performed despite the Force
Majeure Event.
GENERAL TERMS OF THIS AGREEMENT
LIMITATIONS OF LIABILITY
We warrant to you that any product
purchased from us through the Website is of satisfactory quality
and, in the case of purchased products, reasonably fit for all the
purposes for which products of the kind are commonly supplied.
Notwithstanding the provisions of
the above paragraph, to the extent permitted by law, Advanced
Aluminium expressly excludes all conditions, warranties and other
terms which might otherwise be implied by statute, common law or
the law of equity.
Nothing in these Terms excludes
Advanced Aluminium's liability under this Agreement for death or
personal injury caused by our negligence, for fraud or fraudulent
misrepresentation or for any matter for which it would be illegal
for us to exclude, or attempt to exclude, our liability.
Subject to the paragraph above,
Advanced Aluminiumshall not be liable, whether in contract, tort,
negligence, breach of statutory duty or otherwise for loss of data,
profit, revenue, use, business, anticipated savings, goodwill,
reputation, or opportunity, financial or other economic loss or any
indirect or consequential loss or damage, costs or expenses
whatever or however arising out of or in connection with the sale
of any products from, or your use of, this Website.
Subject to the two paragraphs
above, Advanced Aluminium's liability, whether in contract, tort,
negligence, breach of statutory duty or otherwise, for any loss or
damage, costs or expenses arising directly in connection with the
sale of the products shall be limited to the price of the
product(s) purchased and in connection with which the claim
arises.
If the limitation on liability set
out in the previous paragraph is adjudged to be unreasonable in the
circumstances, the limit of Evander's liability shall be increased
to the amount that Evander can recover from its insurer for the
loss in question.
If you buy any product from a third
party seller through this Website, that seller's individual
liability will be set out in that seller's terms and
conditions.
WAIVER
If Advanced Aluminium fails, at any
time during this Agreement, to insist upon strict performance of
any of your obligations under this Agreement, or if we fail to
exercise any of the rights or remedies to which we are entitled
under this Agreement, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with
such obligations.
A waiver by us of any default shall
not constitute a waiver of any subsequent default.
No waiver by us of any of the terms
of this Agreement shall be effective unless it is expressly stated
to be a waiver and is communicated to you in writing.
NOTICES
Where this Agreement requires you
to notify us in writing, notices should be sent to us by post to
our address stated at the top of these Terms (see the Contact Us
section below) or by e-mail [insert link to email]. If we need to
notify you of anything, we will do so by e-mail or post to the
e-mail or postal address you provide during the order process.
Notices will be deemed received 24
hours after the e-mail is sent or three days after the date of
posting.
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.
TRANSFER OF RIGHTS AND OBLIGATIONS
This Agreement between you and
Advanced Aluminium is binding on you and us and on our successors
and assigns.
You may not transfer, assign,
charge or otherwise dispose of this Agreement, or any of your
rights or obligations arising out of it, without our written
consent.
We may assign, charge, sub-contract
or otherwise dispose of this Agreement, or any of our rights or
obligations arising under it, at any time during the term of the
Agreement.
LEGAL COMPLIANCE AND APPLICABLE LAW
You shall comply with all
applicable laws and regulations in England and Wales in connection
with your use of the Website and the Materials that appear on
it.
The laws of England and Wales shall
apply to the Agreement and the Agreement shall be interpreted under
English law. Any dispute arising from this Agreement shall be
subject to the exclusive jurisdiction of the English courts.
Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or
associated with this Website is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any
termination of this Agreement.
CONTACT US
If you have any concerns or queries
about material that appears on this Website please email us or
write to us at the address given at the top of these Terms.
Nothing in this Agreement shall
affect your statutory rights.
Thank you for visiting this
Website.