Please view our Terms & Conditions, Privacy & Refund Policy plus Guarantee documents here.
Conditions of Sale for EOS Rooflights Ltd
Section 1 General
All contracts (”Contracts”) entered into, with EOS Rooflights Ltd, with customers (“Customer”) for the supply of goods (“Goods”) are subject to these Conditions of Sale (“Conditions”). All other terms and conditions are excluded.
Section 2 Contract
2.1 Acceptance of your order by EOS will be issued to the Customer upon full payment being received.
2.2 Completion of the contract between EOS and the Customer will take place on dispatch of your order unless notification is issued that your order has not be accepted.
2.3 All documents, material and information issued by EOS as well as all samples, technical data, instructions, prototypes, drawings and similar are the property of EOS along with the intellectual property in the same which shall not, without EOS’s written consent, be published or made available to third parties.
Section 3 Delivery and liability for performance
3.1. Deliveries of Goods shall a) be to the agreed location, b) be deemed to take place and the risk of damage to or loss of the Goods shall pass to the Customer, on arrival at the location. If the Customer is unable to take delivery on the date and/or time agreed risk in the Goods will pass to the Customer which will be deemed to have been delivered and EOS may store and insure the Goods at the Customer’s expense.
3.2 EOS shall use reasonable endeavours to meet dates or times of delivery but shall not be liable a) at all for late delivery or b) for delay in, or non-performance of, obligations resulting from industrial action, trade disputes, government actions, breakdown in manufacturing machinery, failure of suppliers or events beyond EOS’s reasonable control.
Section 4 Complaints and Warranty
4.1 On delivery of Goods the product must be examined and (prior to parting with Goods) defects must be notified by the Customer in writing and where practicable, without damaging packing.
4.2 Subject to this section, EOS warrants that Goods will be free from material defects for a period of 10 years from the time that risk in them passes to the Customer. The glass panes are only subject to a warranty period of 10 years from the day of production as stamped on the spacer track of the pane. EOS shall have no liability for such defects if the Customer does not notify these immediately in writing to EOS when the defects are or should have been discovered. EOS shall have no liability for defects which a) are notified outside the warranty period or b) which were or should have been discovered as part of the Customer’s examination of Goods upon their delivery.
4.3 In the event of a breach of warranty EOS shall at its option as soon as reasonably practicable take such steps to render such Goods in accordance with such warranty or supply new or equivalent or at its option to refund the whole or a proportionate part of such sums paid in respect of the defective Goods. The Customer undertakes to return the defective Goods to the original kerb side delivery location. EOS will incur any delivery charges and the Customer undertakes to bear all other costs (e.g. labour, installation, dismantling, connecting, scaffolding etc.)
4.4 EOS shall be entitled to suspend its warranty obligations until such time as the Customer has paid all sums due to EOS.
4.5 EOS shall be under no liability under this warranty for defects arising from fair wear and tear, non-maintenance, installation or commissioning, accidental or wilful damage, negligence, failure to follow EOS’s instructions or recommendations (whether written or oral), or misuse or alteration or repair of Goods without EOS’s prior written approval or any of the above with respect to such items or parts of buildings (e.g. doors and windows) with which the Goods are connected or interact.
4.6 Any Goods replaced will belong to EOS and any repaired or replacement Goods will be warranted on these terms for the unexpired portion of the 10 year period.
Section 5 Liability and Exclusion of Liability; Product Liability
5.1 EOS does not exclude or limit its liability in negligence for death or personal injury, or for fraud or wilful default, or otherwise insofar as any exclusion or limitation of its liability is void, prohibited or unenforceable by law.
5.2. Subject to section 4 and clause 5.1, all representations, warranties and conditions implied by trade custom, course of dealing, statute, common law or otherwise are excluded to the fullest extent permitted by law.
5.3. Subject to clause 5.1, in no circumstances shall EOS be liable to the Customer, in contract, tort, negligence or otherwise, for any incidental or consequential loss including, without limitation, any loss of profit, business, revenue, goodwill or anticipated savings or earnings (including interest on monies withheld by a third party) or for any special, exemplary, liquidated or consequential damages or penalties of whatever nature or other financial loss whatsoever arising out of or in connection with any contract for the supply of Goods or their use or resale (if applicable) by the Customer.
5.4 In the event that notwithstanding these Conditions EOS is found liable to the Customer liability under this Contract or otherwise shall in no event exceed the price paid for the Goods under the relevant Contract.
5.5 Where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
5.6 The parties hereby confirm no term of the Contract shall or shall purport, to confer on any third party any right to enforce any term for the purposes of the Contracts (Rights of Third Parties) Act 1999.
Section 6 Retention of Title
6.1 Notwithstanding the passing of risk in the Goods to the Customer, Goods shall remain EOSs and EOS shall retain title and ownership until it has received cleared payment in full in respect of (a) all sums due to EOS for the Goods which are the subject of the Contract and (b) all other sums which may become due to EOS from the Customer under any other contract or on any account.
Section 7 Cancellation
7.1 EOS will only agree to cancellation on condition that all costs and expenses incurred by EOS up to the time of cancellation and all loss of its profits and other loss or damage resulting to the company will be paid forthwith by the Customer.
Section 8 Price and Payment
8.1 The price for the Goods is stated on EOS’s website and/or Order Acknowledgement. Unless otherwise stated Value Added Tax and other duties, charges or expenses are payable.
8.2 Unless otherwise stated, full payment is required up front. For customers with a credit account, the time for cleared payment for the Goods is 30 days from the date of the invoice unless otherwise agreed in writing.
8.3 EOS reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 as an alternative to Section 8.2.
8.4 Without agreement in writing the Customer may not a) set off or withhold any payment due to EOS or b) assign the Contract or any of its part.
Section 9 Governing Law and Disputes
9.1 The Contract shall be subject to English law and the English courts.
9.2 Disputes or differences arising under or in relation to the Contract may be referred at any time to adjudication by serving on the other a written notice setting out the nature and a brief description of the dispute and the nature of the redress or the remedy sought. Any adjudication shall be carried out pursuant to the Model Adjudication Procedures published by the Construction Industry Council current at the time of the reference. The Adjudicator shall be agreed or at the option of either party the nominating body shall be the Royal Institute of Chartered Surveyors.
9.3 The provisions of these Conditions are independent of each other, and the invalidity of any provision or portion shall not affect the validity or enforceability of any other provision. If any part of these Conditions is held by any court or tribunal of competent jurisdiction to be void, illegal or unenforceable then it shall be deemed to be severed from these Conditions, the remaining provisions of which shall continue in full force and effect.
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We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
If you have any questions about our GDPR, Privacy & Cookie information please contact us on [email protected]
GDPR & PRIVACY STATEMENT
- 1. Welcome to EOS Rooflights privacy notice. We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
PURPOSE OF THIS PRIVACY NOTICE
2. This privacy notice aims to give you information on how we collect and processes your personal data through your use of this website. This website is not intended for children and we do not knowingly collect data relating to children.
3. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
4. The Company EOS Rooflights Ltd is the controller and is responsible for your personal data (collectively referred to as “the Company”, “we”, “us” or “our” in this privacy notice).
5. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact EOS Rooflights Ltd.<
6. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
7. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
8. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
THE DATA WE COLLECT ABOUT YOU
9. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not
include data where the identity has been removed (anonymous data).
10. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
11. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
12. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
HOW IS YOUR PERSONAL DATA COLLECTED?
13. We use different methods to collect data from and about you including through direct interactions. For example, you may give us your identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
HOW WE USE YOUR PERSONAL DATA
14. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: –
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
15. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
16. You can ask us or third parties to stop sending you marketing messages at any time.
CHANGE OF PURPOSE
17. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
18. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
19. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.<
DISCLOSURES OF YOUR PERSONAL DATA
20. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- 21. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
- 22. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- 23. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
- 24. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
25. In some circumstances you can ask us to delete your data. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.<
YOUR LEGAL RIGHTS
26. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights are to: –
- 27. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- 28. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- 29. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- 30. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- 31. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- 32. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- 33. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
- 34. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
35. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
- 36. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
In short, we use your data to improve the service we offer you and to try and ensure that you get the best from our website. If you have any questions, please contact us at [email protected]
Delivery dates and weeks are not guaranteed but we will do our utmost to ensure Products are delivered by the stated date or within a reasonable period thereafter.
We shall not be liable for delays or failure in delivery because we cannot gain access to the delivery address on the agreed delivery date or because of other circumstances beyond our reasonable control.
Delivery shall take place either at the time of collection by the Customer or his agent of the Goods from the Company’s premises, or if the Goods are delivered to the Customer, at the moment of the unloading of the goods at the Customer’s premises.
Essential Checks on Delivery
An adult must be available at the address to carefully check the product, sign and acknowledge receipt in a safe and satisfactory condition. Please report any defects immediately upon delivery to Customer Services. For boxed Products, you are only required to sign for the packaged goods received. If no one is available to accept delivery of Rooflights, re-delivery charges will apply. Cancellation fees of up to 25% of total order value may also apply if goods are subsequently cancelled.
The risk in the Goods shall pass to the Customer at the time of delivery.
Where the Goods are stored by the Company pending collection, they shall be stored at the Customer’s risk.
Damaged Goods. Mis-delivery. Non-delivery
When any consignment of Goods is delivered and (i) the whole or part of any such consignment is damaged, or (ii) the whole or part of any such consignment is made up of the wrong quantity or wrong type of goods, the customer shall advise the Company (other than upon a consignment note or deliver document) within two business days of the delivery and immediately confirm too the Company in writing.
When any consignment of Goods is delivered to a carrier and is not received by the Customer, the customer shall advise the Company in writing (other than upon a consignment note or delivery document) within 14 days of dispatch. No claim will be entertained unless the customer complies with the term of this condition. In any event the liability of the Company in the event of any mis-delivery or non-delivery referred to in this condition shall not exceed the replacement of the goods shown to be mis-delivered or non-delivered or, at the Company’s option, the refund of the price received by the Company for the goods.
Goods returned to the company shall be subject to inspection (and if necessary remedial work) before any credit for the returned goods is issued.
Where the customer wishes to exchange their product(s), the purchase of alternative product(s) and the inspection of the returned product(s) shall be completed prior to any credit being issued.
Claims made after signing for delivery in good condition will be considered at the Company’s discretion.
Cancellations, Returns and Refunds
Please refer to full terms and conditions that apply to cancellations, returns and refunds above alternatively contact our Customer Service Department
If you need to amend or cancel your order for Made to order non standard Rooflight you are entitled to do so at any time up to 48 hours after you have placed your order, by contacting Customer Services.
If you amend or cancel your order more than 48 hours after you placed it, we reserve the right to charge you any costs we incur in relation to your order, however this shall not be more than 50% of the total price of the ordered products.
Returns / Refunds
Products cannot be returned once manufactured as they are bespoke and individually ordered to your specifications.
If you believe any of our products to be of an unsatisfactory quality please immediately contact Customer Services and treat your product with the utmost care.