Terms and Conditions of Business of Ejoinery Ltd

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
These terms and conditions replace all other terms and conditions previously applicable to the sale of our products and/or the use of our website.
August 2007

1. Nature of these Terms and Conditions
1.1 Please read these terms and conditions carefully. They are intended to regulate any agreement made between EJoinery Limited (which may be referred to in these terms as ‘EJoinery’, ‘we’ or ‘us’) (Company Number 05526123, VAT number:883306513) and yourself covering the purchase by you of any of our goods and / or services or the use of our website. These terms and conditions will apply whether you are acting as a private buyer (called a “Consumer”) or whether you are acting for a business.
1.2 In particular, we draw your attention to clauses 8 (Limitations and Exclusions of Liability) and 12 (Material appearing on our Website).
1.3 These terms and conditions may be modified from time to time and amended versions shall be posted on our website.
1.4 Please note that some of the terms and conditions relate to the use of our website. If you do not wish to be bound by them, then you may not use our website.

2. Nature of our “Agreement”
2.1 When you contact us to enquire about the purchase of any of our high quality stairs and accessories (‘Products’), you may decide to order Products from us. We will only have agreed to sell Products to you:
(a) subject to these terms and conditions; and
(b) on the sending by us of a ‘Confirmation of Order’ (as defined below).
2.2 Once we have despatched to you a Confirmation of Order, we will have made an agreement (the “Agreement”) with you for the sale of the Products and / or the supply of services as described in that ‘Confirmation of Order’.
2.3 A ‘Confirmation of Order’ is a notification to you from us by way of email to an email address supplied by you or by post to an address given by you. The Confirmation of Order will normally be by way of email unless one of our staff has specifically agreed otherwise.
2.4 Please note that whilst every effort is made to illustrate the range of our Products in the most realistic manner and to ensure that any description of dimensions, functionality or colours is accurate, the representation of some Products through computer equipment may be distorted by the computer equipment upon which our website is viewed.
2.5 We are only able to deal with individuals that can form legally binding contracts under applicable law. You must be over eighteen (18) years of age to purchase the Products. If you do not qualify, please do not buy or attempt to buy any Products from us.
2.6 If you misuse our website and in doing so breach these terms and conditions, then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions and to terminate by notice any current accepted order for Products.

3. Buying Products
3.1 To order a Product you will need to contact our Sales Hotline. Details of the prices for the Products are displayed on our website. Unless authorised by our staff and confirmed in our Confirmation of Order, you must pay by credit or debit card unless we have agreed otherwise with you at the time of order.
3.2 Some Products are offered for sale only if a deposit payment is made first. This will be clear from the website or in information that we give you before we make an Agreement. In such a case, the balance outstanding must be paid in full (and cleared if we have agreed payment by cheque) before delivery or final delivery can be made. We do not accept payment by ‘cash on delivery’.
3.3 Once payment has been authorised or your cheque has cleared and we have determined the availability of stock we may accept your order by sending you a Confirmation of Order. EJoinery is entitled to refuse any order placed by you and we retain the right to decline your order or accept only part of your order but if this is the case we will of course notify you by email.
3.4 Any times or dates stated by us for delivery are estimates only. eJoinery will make all reasonable efforts to deliver Products at the time and on the date specified, but does not accept liability for any failure to deliver at that time or on that date.
3.5 The price of any Product is the price displayed on our website at the time of your order and, subject to theses terms and conditions, that price shall be the price payable under any Agreement we make with you. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.6 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The prices are inclusive of applicable taxes but exclusive of delivery costs.
3.6 We will fulfil your order by the date set out in the Confirmation of Order (subject to these terms and conditions) or, if the Confirmation of Order does not contain such a date, then within thirty (30) days.
3.7 If one of the Products you have ordered is unavailable, we may provide to you a substitute of an equivalent quality and price (‘Substitute Product’).
3.8 You undertake that all details you provide to us for the purpose of purchasing Products, any services which may be offered by us on our website, or with regards to information concerning the delivery address will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation of your credit or debit card details before agreeing to provide you with any Products or services.

4. Delivery and Ownership
4.1 Whilst we will make every effort to observe your delivery requirements, any stipulated or quoted dates or periods for delivery are estimates only and Ejoinery shall not incur any liability whatsoever for failure to observe them.
4.2 APPLICABLE TO BUSINESS BUYERS:
(a) if you are buying as a business and not as a Consumer, risk in Products you have ordered will pass on delivery to any address for delivery nominated by you on ordering. Ownership will not pass to you until we have received payment in full of all amounts due and owing from you, the buyer, to us for the time being including any interest accruing and owing to us and in respect of all such Products or Services supplied by us to you at any time;
(b) In a case where we have agreed credit terms with you, and without prejudice to any other rights or remedies arising out of any breach of this agreement by you, the buyer, we shall be entitled to repossess all or any of the Products should we not have received payment in full of any invoice upon expiry of the date for which payment becomes due.
4.3 If you are buying as a Consumer, the risk in the Products and ownership of them will pass to you on delivery.
4.4 Delivery of Products will be made to the address you gave us for delivery when you placed your order. If you have ordered large or heavy Products, we may not be able to deliver to the address given if that address is not at ground level. As part of the ordering process, you will need to provide us with information concerning the nature of the given delivery address. If you do not do so, or unless arranged with us separately and confirmed by us (by email) to you before due date for delivery, then delivery will have been successfully made if the Products are left at the ground floor of any building containing the address given if made on the arranged date for delivery.
4.5 We can only deliver to addresses within England and Wales.
4.6 In order that you are able to take delivery, you must arrange for there to be an adult person at the premises on the proposed date of delivery who can take delivery at the premises. Should we try and fail to deliver on the proposed date for delivery because there is no-one available to take delivery, then we reserve the right to charge for any further attempted deliveries, transportation charges or storage charges which we incur as a result.

5. Cancellations and Returns by Consumers
5.1 In this clause, the right to cancel during the “Cooling Off period” (as defined in clause 5.2) and the other rights or obligations described apply only to Consumers and not to business buyers.
5.2 As a Consumer you have the right to cancel your order for any reason (including if you simply change your mind) within 7 working days from the date of delivery (the “Cooling Off period”). To do so you must notify us in writing or other durable medium (preferably by email) within those seven (7) working days.
5.3 If you have not yet received the ordered Products by the time you cancel the order in the Cooling Off period, then, subject to clause 5.4, we will refund to you all the monies paid by you (including the delivery charges) in the same form of payment originally used for the purchase as soon as possible and in any event within 30 days of your cancellation.
5.4 If, during the Cooling Off period, there has been no delivery by the time of cancellation of the contract, but the Products have been despatched for delivery, then you must not unpack them when they are received by you. While in your possession, you must keep any Products you intend to return to us in good condition. You will be responsible if they are lost, damaged or destroyed whilst they are in your possession or under your control. They must be returned to us as soon as possible following which we will refund to you all the monies paid by you, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted less the cost of our arranging collection of them.
5.5 If you cancel the order during the Cooling Off period and have received Products by the time of cancellation, then those Products must be returned to us as soon as possible. In accordance with our Agreement you will have become the owner of those Products once they have been delivered and so you will be responsible if they are damaged, lost or destroyed. Those Products must be returned to us as soon as possible following which we will refund to you all the monies paid by you for those Products, less the cost of collection of the Products, in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the Products are received by us in the condition that they were in when delivered to you.
5.6 If you do not return the Products to us following a cancellation of the order allowed by these terms or under the law, we may deduct the direct costs of recovering the Products from the amount to be refunded to you.
5.7 If:
(a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description (allowing for any distorted representation of a description due solely to the computer equipment on which you viewed our website);
(b) the Product delivered is not of a satisfactory quality, including because of damage prior to the act of delivery,
then EJoinery will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
5.8 If you have any complaints, you should direct them to us via email at info@ EJoinery.co.uk or by post at:

EJoinery Limited
The Tree House
20 / 21 The Courtyard
Gorsey Lane
Coleshill
WARWICKSHIRE B46 1JA

6. When the Right to Cancel does not Apply
6.1 Please note that if you ask us to construct, adapt, make any Product or to assemble any Product to specifications originating from yourself, the right to cancel given at clause 5.2 will not apply to any order for such Products.
6.2 If you are not buying as a Consumer, we reserve the right to refuse to accept any cancellation or purported cancellation you may make. In particular no cancellation will be accepted of orders for Products which are not normally stocked or sold by us or if the manufacture or obtaining by us of such Products is in the process of being completed. However, if:
(a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description (allowing for any distorted representation of a description due solely to the computer equipment on which you viewed our website);
(b) the Product delivered is not of a satisfactory quality, including because of damage caused prior to the act of delivery,
EJoinery will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.

7. TERMS APPLICABLE TO BUSINESS BUYERS – DELIVERY & CANCELLATIONS
7.1 The terms and conditions in this clause 7 are applicable to you if you are not dealing with us as a Consumer. These terms and conditions shall take precedence (as they apply to business buyers) over any other terms or conditions that may otherwise be in conflict with the terms and conditions in this clause 7.
7.2 In the case of any breach of our warranties at clause 8 (below) we shall, at our option and as soon as reasonably practicable take such steps as may be reasonably necessary to replace such Products or to render them in accordance with the warranty.
7.3 You must inspect each delivery as soon after delivery as possible and in any event by no later than the end of the working day next following the day on which delivery was made (a working day being Monday to Friday but not including any public holiday in England) and promptly notify us whether the Products are in any way defective or unsatisfactory.
7.4 Delivery will have been accepted by you if you have not notified us of any defect or that the Products or any of them are not satisfactory within 2 working days of delivery (which for the purposes of this Agreement means 48 hours from time of delivery with no account being taken of Saturdays, Sundays or public holidays in England).
7.5 Once we have issued a Confirmation of Order, you may not cancel the Agreement unless we have first agreed to that cancellation and in the event of EJoinery agreeing to any cancellation, suspension or variation of our Agreement with you we reserve the right to make a cancellation charge based on the costs to EJoinery which cannot be recovered together with a handling or restocking charge and for any costs of transportation or service provision if the same have been undertaken prior to the cancellation being agreed.
8. Warranties
8.1 We warrant that for any Product you purchase from us:
(a) we have the right to sell the Product to you;
(b) the Product will correspond with the description; and
(c) the Product will be of satisfactory quality.
8.2 Products are not sold as being fit for any particular application or for use under specific conditions, unless we have explicitly stated as such in writing. We also promise that any service we provide to you will be provided with reasonable skill and care. Should any failure of a Product occur within 12 months which is proved (to our satisfaction) to be the result of defective material or workmanship or resulting from any damage to the Product caused by us in the process of carrying out any service and which is not caused by fair wear and tear, damage in transit, improper storage prior to fitting, poor installation or fitting or accident, then EJoinery will supply a replacement Product or, where appropriate a new part, free of charge and carriage paid and forward this to the Buyer.
8.3 In every case the warranties given in this Agreement shall not be assignable without the written consent of EJoinery.
8.4 EJoinery does not warrant (and therefore shall not be liable for) the following: -
(a) defects or failure which are not reported to us within two working days (as defined at 7.4 above) from the date of delivery; or
(b) any failure or damage due to a Product being badly fitted, fitted incorrectly or into an enclosure which is too small, or not fitted in accordance with the instructions of the manufacturer or fitted in a manner or in a location to which the Product is not suited or for which it was not designed;
(c) Products which have been modified or altered by you or any third party or otherwise than in accordance with the manufacturer’s written instructions or in contravention of Building Regulations;
(d) Products which, following delivery, are not stored or treated in accordance with the manufacturer’s written instructions.
8.5 Nothing in this Agreement is intended to limit or exclude any statutory rights you may have as a Consumer.

9. Limitations and Exclusions of Liability
9.1 Other than your statutory rights as a Consumer and the warranties expressed in this Agreement, to the fullest extent permissible at law, we exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any Products or any of the services we may provide, our website or any information or service provided.
9.2 Where we have agreed to provide services where Products are to be installed at premises under this Agreement, we shall not be responsible for any loss or damage to the Products or to any third party that result from:
(a) a case where any part of the assembly or installation of Products is undertaken by you or your employees or agents or
(b) a case where you have instructed us to assemble or install any Product in a location or in such circumstances which are not suitable for the assembly or installation of that or those Products.
and you agree to indemnify us against any loss or damage arising from any such eventuality as described above.
9.3 We will do our best to ensure that all materials and information that we publish and that are published on our website are accurate, but please note that all content, materials and information are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of it and use of all information contained within our website.
9.4 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable.
9.5 In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of EJoinery or our servants, agents or any other person or entity.
9.6 Under this Agreement our liability will be limited:
(a) to the amount paid by you for the Product or (where applicable) service concerned; or
(b) to the cost of reinstatement or repair, whichever is less, if in the course of carrying out any service we cause damage to any physical property but we shall not be liable at all for any damage that occurs because of the provision of any service where the service has been carried out in accordance with your instructions.
9.7 Nothing in our Agreement is intended to have effect to limit or exclude any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
9.8 When using our website, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use it and that your equipment is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
9.9 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
9.10 Performance of our Agreement with you may be prevented because of reasons beyond our reasonable control, such as (without limitation) strikes, lock outs or other industrial disputes (whether involving our workforce or that of another party) act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental rule, order, regulation or direction, major power failure or other incident causing general inaccessibility to Internet, fire, flood, or storm. If so prevented for a period of more than two consecutive months, we may bring this Agreement to an end and, if so, will refund all monies paid by you to us. We shall not be liable to you for any loss or damage, howsoever arising as a result.

10. Modifications to our website
10.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new website content or new Products or services shall be subject to these terms and conditions.
10.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

11. Information or data you provide to us
11.1 The following applies to any information you provide to us, for example during any registration or ordering process.
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should email us at info@EJoinery.co.uk.
(b) If you utilise our website to review Products we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
(c) You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
11.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at info@EJoinery.co.uk.
11.3 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions.

12. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any security information that may be given to you or selected by you for use on our website. You may not share such information with or transfer it to any third parties. You must notify EJoinery immediately of any unauthorised use of such information or any other breach of security regarding our website that comes to your attention.

13. Material appearing on our Website or other Publications
13.1 Unless otherwise specified all content and materials published on our website or on our behalf are presented solely for your private, personal and non-commercial use.
13.2 Our website is controlled and operated by us from England. Where content is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase.
13.3 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
13.4 EJoinery makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. EJoinery accepts no liability, to the fullest extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

14. Copyright
The contents of our website or in any other or our published material are protected by international copyright laws and other intellectual property rights. The owner of these rights is EJoinery, its affiliates or other third party licensors. All Product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

15. Linked sites
EJoinery makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from EJoinery and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that EJoinery endorses or accepts any responsibility for the content, or the use of, such a website and EJoinery shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, Products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

16. Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

17. General
7.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 17.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
17.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all Agreements will be subject to and governed by that version. You must check the terms and conditions on the website regularly if you purchase from us repeatedly.
17.3 These terms and conditions and our Confirmation of Order are the whole agreement between you and EJoinery. You acknowledge that you have not entered into this Agreement in reliance upon any statement, warranty or representation made by EJoinery or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions and Confirmation of Order.
17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
17.5 Any Agreement between us and your use of our website is governed by English law and you submit to the non-exclusive jurisdiction of the English court.
17.6 Except in respect of a payment obligation, neither you nor EJoinery will be held liable for any failure to perform any obligation to the other due to causes beyond your or EJoinery’s respective reasonable control.
17.7 Failure or delay by either party enforcing an obligation or exercising a right under our Agreement does not constitute a waiver of that obligation or right.
17.9 Our Agreement does not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

18. Notices
All notices shall be given:
(a) to us via email at info@ EJoinery.co.uk or by post at

EJoinery Limited
The Tree House
20 / 21 The Courtyard
Gorsey Lane
Coleshill
WARWICKSHIRE B46 1JA
or
(b) to you at either the email or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.