Terms & Conditions

Interpretation

1.1

In these Conditions “we” means XL Joinery Limited; “you” means the person firm or company purchasing the Goods from us; “us”, “you”, “our” and “yours” should be interpreted accordingly; “items” means those supplies forming the subject matter of the contract between us, “Goods” means those services and/or items forming the subject matter of the contract between us; “these Conditions” means the terms and conditions set out below.

1.2

In these Conditions the singular shall include the plural and vice versa, and use of gender shall be immaterial.

1.3

The headings of each provision in these Conditions are intended to be for convenience only and will not have an effect on interpretation.

1.4

Nothing in these Conditions shall exclude or restrict any statutory rights conferred upon you where you deal as a consumer within the meaning of the Unfair Contract Terms Act 1977.

2

Applicability of Conditions

These Conditions apply to any contract of sale of Goods to you to the exclusion of any other terms (whether express or implied) save any accepted or notified by one of our directors in writing. Any order from you gives rise to a binding contract with us only when we have notified you in writing that the order is accepted or (if later) when we have made delivery of the Goods to you.

3

Applicability of Conditions

3.1

Prices are exclusive of Value Added Tax which will be charged at the rate ruling at the date of the invoice.

3.2

We will endeavour to charge those prices which are set out in our most current price list/catalogue but prices are subject to alteration without prior notice and orders will be invoiced at those prices ruling at the date of despatch of the Goods or the date of invoice whichever is the later. Any prices stated in our quotation will be fixed for the period stated therein, if any.

4

Delivery

4.1

Unless otherwise agreed in writing all orders are delivered carriage paid home UK mainland only.

4.2

Any dates, times or periods of Goods quoted by us are estimates only and we shall not be liable for failure to meet any such estimates or for any costs, charges or expenses incurred as a result of any delay. You will not be entitled to refuse to accept Goods or to cancel your contract with us merely because of such failure.

5

Claims

5.1

Notice of any claim relating to shortage of or damage to the Goods should be made to us verbally at the time of delivery and confirmed in writing within 72 hours of delivery.

5.2

We will consider claims only if the above conditions are met and the claim is signed by you and accompanied by full particulars giving your order number and a copy of our delivery note and invoice.

5.3

Our liability in respect of any shortage, loss or damage to the Goods shall be limited to the proportion of the price attributable to those which have been undelivered, lost or damaged.

6

Payment Terms

6.1

Unless otherwise agreed between us in writing, payment for Goods is due by the last day of the month following the month of issue of the invoice. Time for payment of any invoice shall be of the essence.

6.2

Where we have agreed to discount the price due for Goods, this is strictly conditional upon full payment of that amount being made within the agreed credit period, and in the case of late or non-payment, without prejudice to any of our other rights, we reserve the right to charge to you an amount equivalent to the value of the discount, which will be immediately due.

6.3

Payment will not be deemed to have been made until any and all cheques, drafts and bills by which payment is to be effected has been cleared or honoured as the case may be.

6.4

Without prejudice to any of our other rights we reserve the right to charge interest on payments outstanding after the due date at the rate (both before and after judgements) of 4% per annum above Yorkshire Bank plc base rate from time to time from the due date for payment until settlement in full has been received by us together with the right to recover from any costs which we incur in the recovery of overdue sums.

6.5

If any payment falls into arrears we may cancel or postpone performance of any contract with you in whole or in part. The Seller reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1988 in lieu of interest.

7

Retention of Title

7.1

Whilst risk in Items supplied to you by us shall pass on delivery, legal and beneficial ownership of the Items shall remain with us until such time as we have received payment in full of all sums due to us by you and until such time you must keep such Items separate from your property and clearly identified as our property.

7.2

Notwithstanding any terms of payment which we have agreed, payment for all Goods supplied to you shall become due immediately if you fail to pay for the Goods on the due date (or fail to pay any installment in which case the whole outstanding balance shall immediately become due) or fail to pay any other sum due to us on the date or if you are declared bankrupt, or compound with your creditors, or have a receiver appointed over any of your assets or, being a company, go into voluntary (other than for purposes of bona fide solvent amalgamation or reconstruction), or compulsory liquidation, or enter into a composition with your creditors or have an administrator or an administrative receiver or receiver and manager appointed over all or part of your assets, or if you are otherwise declared insolvent or prohibited from trading, and you must immediately notify us there of and in such circumstances:

7.2.1 you must not re-sell or otherwise deal with the Items;

7.2.2 you must not part with possession of any Items which have been delivered to you; and

7.2.3 we will have the right, without prejudice to any other remedies, to withhold delivery of anyundelivered Items, to stop any items in transit, and to otherwise suspend performance of our contract with you

7.2.4 we shall have the right to enter upon any premises where the Goods are stored and repossess the same.

7.3

If payment for any Goods is overdue, whether in whole or in part, and any Items have been delivered to you, we may, without prejudice to any of our other rights, enter upon your premises to recover and/or resell the Items or such of them as we, in our absolute discretion, may designate as necessary to recover the amount of payment overdue and our reasonable costs incurred in giving effect to our rights hereunder, and, for these purposes, you hereby irrevocably authorise us to enter and take all necessary and reasonable steps upon your premises.

7.4

If you sell and/or deliver the Goods or any part thereof to any customer or third party, or if the Goods or any part thereof shall be damaged, lost or destroyed then in a fiduciary capacity you shall hold that proportion of the proceeds of sale or insurance against damage, loss or destruction, referable to the outstanding payment in respect of the Goods, on trust for us.

8

Warranty

8.1

We warrant that the Items are to the best of our knowledge of satisfactory quality and that any services comprising Goods will be provided with reasonable care. We are not responsible for the manufacture of the Items, we do not process them, except in the case of the Door Sets, whereby we supply assembled premanufactured components.

8.2

You must handle store and use the Items strictly in accordance with the recommendations for use of the manufacturers of the Items (if any).

8.3

Unless we specifically agree in writing as to any other warranty or guarantee all other conditions, guarantees, warranties or other conditions (whether express or implied by statue common law or otherwise) are excluded from our contract with you.

8.4

We shall not be under any liability in contract or in tort for any indirect or consequential loss (including without limitation economic loss, loss of profits, loss of use or loss of production) arising out of or in connection with our contract with you.

8.5

Any liability which we may have to you in respect of negligence on our part which results in death or personal injury is unrestrained by these Conditions. Any other liability which we may owe to you, whether under these Conditions in respect of any warranty or representation to you or otherwise, is limited to the invoiced price of the relevant Goods.

9

Cancellation

Unless we are in breach of our obligations under these Conditions, you may cancel or suspend your contract with us only with our prior written consent following agreement between us as to any reimbursement which we may require to compensate us for such cancellation.

10

Termination

10.1 We shall be entitled (without prejudice to any of our other rights) to terminate any contract between us if you:

10.1.1 become insolvent, or

10.1.2 fail to pay any amounts falling due to us, whether under these Conditions or otherwise; or

10.1.3 commit a breach of any term of our contract with you or any other contractwhich we may have with you; or

10.1.4 are declared bankrupt, or compound with your creditors or have a receiver appointed over any of your assets or, being a company, go into voluntary (other than for purposes of bona fide solvent amalgamation or reconstruction) or compulsory liquidation, or enter into a composition with your creditors or have an administrative receiver appointed over all or part of your assets,

or if you are otherwise declared insolvent or prohibited from trading.

11

Force Majeure

We shall not be liable to you in respect of any matter which results from any act of god, war or riot, extreme weather, strikes or any events of any description which are beyond our reasonable control.

12

General and Law

12.1 These Conditions represent the entire agreement between us and supersede all earlier warranties, representations and statements (whether oral or in writing) and may only be varied or amended by agreement in writing between us.

12.2 Our contract with you is personal to you and you will not be entitled to assign the whole or any part of the benefit and/or burden of our contract without our prior written consent.

12.3 Any notices required to be given under these Conditions must be in writing and either posted first class pre-paid to the address of the receiving part as shown on your order or in our case on our delivery note or other documentation as appropriate or sent by telex or telefacsimile to the appropriate facility number. Any notice which is posted will be effective 48 hours after posting and any notice sent by telex or telefacsimile will be effective on the commencement of next business day following transmission. In providing postal service it will be sufficient to show that the envelope was properly addressed and put into the post and providing service by telex or telefacsimile transmission it will be sufficient to show that the correct answer back or confirmation of correct receipt slip was received as appropriate.

12.4 The validity construction and performance of the contract between us will be governed by English Law and we and you both submit to the exclusive jurisdiction of the English courts.

12.5 Any person who is not a party to a Contract shall have no rights under the Contract (Rights of Third Parties Act) 1999 to enforce any of its terms.

13

Consumer Generated Images

Why not show us how you’ve installed and styled our doors in your home. We would love you to share your pictures using #xljoinery or by tagging our accounts @xljoinery on all of our social media platforms such as Instagram, Facebook, Pinterest, Twitter and Linkedin.

Upload your photo on Instagram, Facebook, Pinterest, Twitter or Linkedin and tag us. Before we repost or use your photo, we’ll ask for your permission. If you agree, we  may feature you on our website or social accounts, or other marketing channels, such as in our brochure.

When you reply to us on our social channels with #yesXL, you offer your permission and agree to these terms & conditions and our privacy policy. If we we share your image on our social media channels we will always link back to your account.

By agreeing to our terms for customer image usage we will have the rights to use your image on one or more of the following platforms/channels:

  • Our websites
  • Social media accounts
  • Editorial and advertising content
  • Printed media (such as catalogues and brochures)
  • Other PR and marketing (blog posts, online editorial content & press releases etc)

XL Joinery Ltd may edit and alter the images and are under no obligation to use any of the images you agree us to have the rights to use.

By replying #yesXL you agree to all terms & conditions listed above and our privacy policy. You own all rights in the photo uploaded and you grand the right to XL Joinery Ltd to use the image on our channels without a license fee.

If you believe an image that has been uploaded to our website is not appropriate or we do not have permission for use (e.g. trademark or copyright) then please report this as soon as possible to us by sending us an email at marketing@xljoinery.co.uk.

Please note, we’re able to remove images from our own website and social media pages, but we’re not able to remove any photographs shared on third party sites which are not under our control.

 

14

Simpli Snap

14.1 – The competition is being run by XL Joinery Ltd whose registered office is at Holden Ing Way, Birstall, WF17 9AD.

14.2 – The competition is open to residents of the United Kingdom aged 18 years or over except employees of and their close relatives and anyone otherwise connected with XL Joinery Ltd or judging of the competition.

14.3 – There is no entry fee and no purchase necessary to enter this competition.

14.4 – By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

14.5 – Route to entry for the competition and details of how to enter are delivered via leaflet with your door order.

14.6 – Closing date for entry will be 31st August 2022. After this date the no further entries to the competition will be permitted.

14.7 – No responsibility can be accepted for entries not received for whatever reason.

14.8 – The rules of the competition and how to enter are as follows:

14.9 – XL Joinery Ltd reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by us.

14.10 – XL Joinery Ltd, “the promoter”, is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

14.11- The prize is as follows: The prize is £1000 as stated, payable by cheque only. No cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

14.12 – Our favourite picture and therefore competition winner, will be chosen by the XL Joinery Ltd marketing team.

14.13-  The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

14.14 – The promoter will notify the winner when and where the prize can be collected / is delivered.

14.15 – The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

14.16 – By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

14.17 – The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

14.18 – The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

14.19 – By submitting your pictures to us XL Joinery Ltd will have the rights to use your image on one or more of the following platforms, as outlined in clause 13 of these terms and conditions, “Consumer Generated Images”. This may include our website, social media accounts, editorial and advertising content, printed media and other generic PR and marketing activities.

14.20 – The winner’s name will be available 28 days after closing date by emailing the following address: marketing@xljoinery.co.uk

14.21 – Entry into the competition by submitting your picture via email or on Social Media will be deemed as acceptance of these terms and conditions.

14.22 – This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to XL Joinery Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.xljoinery.co.uk/privacy-policy.