Terms & Conditions - Varico LTD
VARICO LTD - OUR TERMS OF SALE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Varico Limited, a company registered in England & Wales. Our company registration number is 05547260 and our registered office is at Unit 2 Lion Industrial Park, Northgate Way, Aldridge, West Midlands, WS9 8RL. We operate the website at www.varicoltd.com.
2.2 How to contact us. You can contact us by calling our customer service team at 01922 455338; writing to us at firstname.lastname@example.org; or by filling out the enquiry form on our website.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we send you an email confirmation of your order, at which point a contract will come into existence between you and us. We will not accept your order until payment for the order has been confirmed. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by contacting the e-mail and/or billing address or phone number provided at the time the order was made and we will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the goods.
3.3 Your order number. We will assign a unique order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR GOODS
4.1 Goods may vary slightly from the website. Subject to where the goods are stated to be sold as complying with a recognised trade or industry standard all descriptions, specifications, drawings and particulars of weights and dimensions submitted by us or otherwise contained in our catalogues, brochures, price lists, quotations and other published matter are approximate only. Cutting tolerances apply to all polycarbonate sheet (solid or structured) of +/-5mm.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 Amendments. If you wish to make a change to the goods you have ordered please contact us at email@example.com or by pressing the “help” button on our website. We will let you know if the amendment is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested amendments and ask you to confirm whether you wish to go ahead with the change. Please be aware however that amendments cannot be made to bespoke materials that have already been cut, except at our discretion.
5.2 Cost of Amendments. Amendments that are requested within 24 hours of placing your order will be made at no charge. Amendments that are requested after 24 hours of placing your order will be subject to an administration charge. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).
6. PROVIDING THE GOODS
6.1 Delivery Information. For detailed delivery information, please see our delivery information page HERE.
6.2 Delivery costs. The costs of delivery will be as displayed to you on our website. Please be aware that there are additional delivery charges to some remote locations in the UK.
6.3 When we will provide the goods. We will deliver them to you as soon as reasonably possible and generally within 2–7 working days from the point of order; however some larger items and corrugated roofing sheets may take up to 14 working days to be delivered. If the goods have not been received in this time, please contact us for further information.
6.4 Accepting delivery. Please remember, upon receipt of your order you must check the goods BEFORE signing the delivery note.
6.4.1 Damages. If there is any sign of damages you must sign the delivery note and mark as “Damaged”. You are paying for a delivery service that is insured but you cannot make a claim for a replacement or refund if you have not stated on the delivery note that the goods are “Damaged”. You will not be covered for damages if you sign as “Unchecked”.
6.4.2 Quantity. Please also check the quantity of items is correct and as stated on the delivery note, if not please mark the delivery note accordingly making specific reference to which item(s) are missing. If goods are signed for as complete and missing item(s) are reported later, you are not covered to make a claim for the missing item(s).
6.5 We will not be liable to you for failures, defects or delays in delivery caused by:
6.5.1 An event which is outside of our reasonable control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received; or
6.5.2 Your provision of incorrect information, such as your delivery address.
6.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
6.7 When you own goods. You own the goods once we have received payment in full.
6.8 Storage. We send most goods wrapped in protective packaging to avoid damage during transit. When the delivery has arrived, you will need to remove the outer packaging. DO NOT store plastic goods in direct sunlight. Goods stored in the plastic outer packaging and/or in direct sunlight, particularly in the summer months, can warp making the goods unusable. Goods damaged due to improper storage will not be accepted as ‘damaged’.
6.9 No international delivery. Unfortunately, we do not deliver to addresses outside the UK. You may place an order for goods from outside the UK, but this order must be for delivery to an address in the UK.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the goods you’ve bought, how we are performing and when you decide to end the contract:
7.1.1 Cancellation policy. Cancellations that are requested within 24 hours of placing your order will be made at no charge. Cancellations that are requested after 24 hours of placing your order will be subject to an administration charge. If you wish to make a change to the goods you have ordered please contact us at firstname.lastname@example.org or by pressing the “help” button on our website.
7.1.2 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see clause 9;
7.1.3 If you want to end the contract because of something we have done, see clause 7.2; or
7.1.4 If you are an individual that is purchasing the goods for a purpose which is wholly or mainly outside your trade, business craft or profession (“Consumer”) and you have just changed your mind about the goods, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (7.2.1) to (7.2.4) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
7.2.1 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
7.2.2 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
7.2.3 we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.4 you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a Consumer, you have a legal right to change your mind within 14 days and receive a refund on the goods. You do not have a right to change your mind in respect of bespoke goods that are made to your specifications, such as all Evolution Canopies, polycarbonate sheets and special order / keyed alike euro cylinders.
7.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the goods unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2 By post. Print off the Model Cancellation Form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Please email us at firstname.lastname@example.org to obtain authorisation to return the goods with the driver, or alternatively return the goods yourself in person or via a shipping method that provides tracking information. Charges will apply for returned items that are returned with the driver after they have been dispatched. Items returned without prior authorisation being given may be rejected. If you are a Consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. Goods must be returned unused, in their original packaging and in a saleable condition.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the goods are faulty or misdescribed; or
8.3.2 if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a Consumer exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling of them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence satisfactory to us that you have sent the goods back to us. For information about how to return goods to us, see clause 8.2.
9. IF THERE IS A PROBLEM WITH THE GOODS
9.1 We are under a legal duty to supply goods that are in conformity with this contract. If you have any questions or complaints about the goods, please contact us. You can write to us at email@example.com or Varico Ltd, Unit 2 Lion Industrial Park, Northgate Way, Aldridge, West Midlands, WS9 8RL.
9.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject faulty goods, we will offer you a replacement which will be de exchanged with the faulty goods by way of courier. Alternatively, we may offer you a deduction to the price of the faulty goods, subject to agreement and at our discretion.
10. PRICE AND PAYMENT
10.1 Where to find the price for the goods. The price of the goods (which includes any VAT) will be quoted in British Pounds Sterling and will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the goods you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.4 When you must pay and how you must pay. We accept payment with those credit/debit cards shown on our website, PayPal and Klarna. You must pay for the goods before we dispatch them.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
12. INFRINGEMENT OF RIGHTS
12.1 You shall indemnify us against loss, damage, costs and expenses suffered by us or to which we may become liable as a result of any work done in accordance with your specifications which involves infringement of a patent, registered design or other right in industrial property.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
Schedule 1 - Cancellation Form (Please Copy & Paste into an email or letter template.)
(Complete and return this form only if you wish to withdraw from the contract)
To VARICO LIMITED, Unit 2 Lion Industrial Park, Northgate Way, Aldridge, West Midlands, WS9 8RL (firstname.lastname@example.org) .
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
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