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Terms and Conditions - Buying Online
This information applies exclusively to buying online via our website. Please see here for our Direct Sales Terms & Conditions.
This page (together with the documents expressly referred to on it tells You information about Us and the legal terms and conditions (Terms) on which We sell any of the products (Products) listed on our website (Website) to You.
These Terms will apply to any contract between You and Us for the sale of Products to You (Contract). Please read these Terms carefully and make sure that You understand them, before ordering any Products from Our Website. Please note that before placing an order You will be asked to confirm that you agree to these Terms.
Please click on the tick box marked "I agree with the Terms and Conditions” if You accept them. If You refuse to accept these Terms, You will not be able to order any Products from Our Website.
You may print a copy of these Terms or save them to Your computer for future reference.
We amend these Terms from time to time as set out in clause 27. Every time You wish to order Products, please check the Terms to ensure You understand the terms which will apply at that time.
These Terms, and any Contract between You and Us, are only in the English language.
1. DEFINITIONS
1.1 In these Terms, when the following words or phrases are used, this is what they will mean:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Event Outside Our Control: has the meaning given in clause 21.2.
Order: Your order for the Products, as set out in the Invoice issued to You.
Invoice: means Our invoice to You.
Ordered Products: Products ordered in from a supplier at the request of You.
Proof of Delivery: means the document that contains the number of items within the delivery, which is to be signed by You to confirm delivery of the Product(s).
Special Order Products: Products designed for any specific or bespoke requirements of You.
Specification: any specification for the Products, including any related plans and drawings, that is agreed in writing between You and Us.
Stock Products: Products that are allocated and taken from Our own stock.
We, Us, Our: Kershaws Doors Ltd.
Website: means the website of Kershaws Doors at https://1doors.co.uk
Website Catalogue: means the catalogue of Kershaws Doors’ Products as displayed on the Website as may be amended by Us from time to time.
You, Your, Yourself: you, the customer, who will place the Order.
2. INFORMATION ABOUT US
2.1 We operate the website 1doors.co.uk. We are Kershaws Doors Ltd UK, a company registered in England and Wales under company number and with our registered office at . Our main trading address is . Our VAT number is .
2.2 To contact Us, please see our Contact Us page https://1doors.co.uk/contact-us.php.
3. OUR PRODUCTS
3.1 The images of the Products on Our Website and in Our Website Catalogue are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that Your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated in Our Website Catalogue have a 2% tolerance.
3.3 The packaging of the Products may vary from that shown on images in Our Website Catalogue.
3.4 All Products shown in Our Website Catalogue are subject to availability. We will inform You by e-mail as soon as possible if the Product You have ordered is not available and We will not process Your Order if made.
4. USE OF OUR SITE
Your use of Our Website is governed by our Terms and Conditions of website use. Please take the time to read these, as they include important terms which apply to You.
5. HOW WE USE YOUR PERSONAL INFORMATION
We only use Your personal information in accordance with Our Privacy Policy. For details, please see Our Privacy Policy here: https://1doors.co.uk/privacy-policy.php. Please take the time to read this, as they include important terms which apply to You.
6. IF YOU ARE A CONSUMER
6.1 If You are a consumer, You may only purchase Products from Our Website if You are at least eighteen (18) years old.
6.2 If You are a consumer, these Terms and any document expressly referred to in them constitute the entire agreement between You and Us.
6.3 If you are a consumer, You have legal rights in relation to Products that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. IF YOU ARE A BUSINESS CUSTOMER
7.1 If You are not a consumer, You confirm that You have authority to bind any business on whose behalf You use Our Website to purchase Products.
7.2 These Terms and any document expressly referred to in them constitute the entire agreement between You and Us. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or any document expressly referred to in them.
8. YOUR OBLIGATIONS
8.1 It is Your responsibility to check that the details of Your Order are correct at the time of placing the Order to ensure that the Products ordered are the items required and of the correct dimensions, style, timber type and the correct fire rating (if required), this is especially important where the items are bespoke.
8.2 It is Your responsibility to carry out an inspection of the condition of the Products (or any instalment of the Products delivered from time to time) on the date of delivery and prior to any alterations You wish to make to the Products. The inspection should be carried out prior to accepting delivery of the Order (or any part of an Order) by signing the Proof of Delivery in accordance with clauses 12.1 (a) and 13.1 (a).
8.3 You shall not engage any joiner, carpenter, fitter or decorator to carry out any work on the Products (or any instalment of Products), including any of the work set out in clause 11, until the full Order has been delivered and inspected by You and You have satisfied Yourself (acting reasonably) that the Products are free from defects.
8.4 It is Your responsibility to check the original Invoice to ensure that the Products delivered correspond with the Order. In the event that the Products delivered are damaged or do not correspond with the Order You shall, subject to the provisions of clause 17 of these Terms, notify Us of any such damage or defect by writing “Damaged” on the Proof of Delivery together with details of such damage or defect. If such damage or defect is notified to Us, the issue shall be dealt with in accordance with clause 17.
9. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
9.1 These Terms apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
9.2 For the steps You need to take to place an Order on Our Website, please see Our page https://1doors.co.uk/l/howtouse/
9.3 The Order constitutes an offer by You to purchase the Products in accordance with these Terms. You are responsible for ensuring that the details of the Order and any applicable Specification submitted by You are complete and accurate.
9.4 After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that Your Order has been accepted. Our acceptance of Your order will take place as described in clause 9.6
9.5 If We are unable to supply You with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on Our Website as referred to in clause 3, We will inform You of this by e-mail and We will not process your Order. If You have already paid for the Products, We will refund You the full amount as soon as possible.
9.6 We will confirm Our acceptance to You by issuing the Invoice to You, at which point the Contract shall come into existence.
10. YOUR RIGHT OF CANCELLATION, RETURN AND REFUND
10.1 Your legal right to cancel an Order starts from the date of the Order. If the Product(s) have already been delivered to You, You have a period of seven (7) Business Days in which You may cancel, starting from the day after You received the Product(s). If You cancel an Order for a Stock Product, a full refund for the price of the Product will be issued to You.
10.2 If You cancel an Order for an Ordered Product, a full refund for the price of the Product will be issued to You.
10.3 If You cancel an Order for a Special Order Product, before You have received the Product, a refund of 20% of the price of the Product will be issued to You.
10.4 Once You have received your Order for a Special Order Product, You may not under any circumstances (except that of a warranty replacement) return the Product.
10.5 You may not return a Product if any alterations have been made to a Product, whether or not the Product is faulty, not fit for purpose or damaged, and a refund will not be issued.
11. STORAGE, FINISHING AND MAINTENANCE OF PRODUCTS
11.1 In order to validate any Warranty or manufacturer’s guarantee, the following notes in relation to the storage, finishing, and maintenance of the Products must be followed.
11.2 In relation to the storage of Products You must:a) Store the Products in a cool, dry atmosphere;b) Store the Products in a flat position;c) Ensure that the Products are not exposed to a damp room; andd) Ensure the Products are not exposed to central heating or any form of direct heat.
11.3 In relation to the finishing of the Products that are intended for external use You must:
a) Seal the relevant Products immediately after unpacking and prior to the hanging procedure, by generously applying one base coat of “Sikkens HLS plus” and a minimum of three top coats of “Sikkens Filter 7 plus” or alternatively one base coat of “Sadolin Ultra base coat” and a minimum of three top coats of “Sadolin Ultra Highly Translucent Wood Stain” to the front, back, sides, top and bottom; and
b) Additionally seal any planed edges and cut outs during the hanging procedure, so no moisture ingress can occur.
11.4 In relation to the finishing of the Products that are intended for internal use You must:
a) Seal the door immediately after unpacking and prior to the hanging procedure, by applying at least three coats of an oil based varnish or paint to the front, back, sides, top and bottom;
b) Additionally seal any planed edges and cut outs during the hanging procedure;
c) Seal the timber using a sanding sealer solution, and then apply a wax top coat, should a wax finish be required. 11.5 In relation to the maintenance of the Products, it is suggested that every three (3) years each door is lightly sanded and a refresher coat applied to the door.
12. DELIVERY – IF YOU ARE A CONSUMER
12.1 We shall ensure that:
a) each delivery of the Products is accompanied by a Proof of Delivery which will contain the number of items; and
b) if We require You to return any packaging materials to Us, that fact is clearly stated on the Invoice. You shall make any such packaging materials available for collection at such times as We shall reasonably request. Returns of packaging materials shall be at Our expense.
12.2 Delivery will take place by one of the following methods:
a) We shall deliver the Products by pallet to the kerb of the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after We notify You that the Products are ready; or
b) We shall deliver the Products by wagon to the required position (ground floor only) at the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after We notify You that the Products are ready; or
c) You shall collect the Products from Our premises at or such other location as may be advised by Us prior to delivery (Collection Location) within fourteen (14) Business Days of Us notifying You that the Products are ready.
12.3 You must sign the Proof of Delivery, either when the Products arrive at the Delivery Location or when You collect the Products at the Collection Location. Failure to sign the Proof of Delivery by You will mean that We will not leave the Products at the Delivery Location, and delivery will be rescheduled.
12.4 Delivery of the Products shall be completed on the Products' arrival at the Delivery Location, or the collection of the Products by You at the Collection Location, and by You signing the Proof of Delivery, at which point the Products will be Your responsibility.
12.5 Any dates quoted for delivery are approximate only. We shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
12.6 If You fail to take or accept delivery of the Products within fourteen (14) Business Days of Us notifying You that the Products are ready, then, except where such failure or delay is caused by an Event Outside Our Control or Our failure to comply with Our obligations under the Contract:
a) delivery of the Products shall be deemed to have been completed at 9.00 am on the fourteenth (14th) Business Day after the day on which We notified You that the Products were ready; and
b) We shall store the Products until delivery takes place, and charge You for all related costs and expenses (including insurance).
12.7 If thirty (30) Business Days after the day on which We notified You that the Products were ready for delivery You have not taken or accepted delivery of them, title in the Products shall revert to Us and We may resell or otherwise dispose of part or all of the Products.
12.8 We may deliver the Products by instalments, which shall be considered as one Order. The Order will be invoiced and either paid for at one time or paid in instalments. Each instalment shall form part of the same Order. Any delay in delivery or defect in an instalment shall not entitle You to cancel any other instalment.
13. DELIVERY – IF YOU ARE A BUSINESS
13.1 We shall ensure that:
a) each delivery of the Products is accompanied by a Proof of Delivery which will contain the number of items; and
b) if We require You to return any packaging materials to them, that fact is clearly stated on the Invoice. You shall make any such packaging materials available for collection at such times as We shall reasonably request. Returns of packaging materials shall be at Our expense.
13.2 You must sign the Proof of Delivery, either when the Products arrive at the Delivery Location or when You collect the Products at the Collection Location. Failure to sign the Proof of Delivery by You will mean that We will not leave the Products at the Delivery Location, and a rescheduled delivery charge set out in clause 13.5 below will apply.
13.3 Delivery will take place by one of the following methods:
a) We shall deliver the Products by pallet to the kerb of the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after We notify You that the Products are ready; or
b) We shall deliver the Products by wagon to the required position (ground floor only) at the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after We notify You that the Products are ready; or
c) You shall collect the Products from Our premises at or such other location as may be advised by Us prior to delivery (Collection Location) within fourteen (14) Business Days of Us notifying You that the Products are ready.
13.4 Delivery of the Products shall be completed on the Products' arrival at the Delivery Location, or the collection of the Products by You at the Collection Location and signature of the Proof of Delivery, at which point the Products will be Your responsibility.
13.5 Delivery dates that have to be cancelled or rescheduled due to Your circumstances or because You have failed to sign the Proof of Delivery, will be subject to a transport charge of £25.00 plus VAT for the first item and £10.00 plus VAT for each and every further item in the Order.
13.6 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
13.7 If We fail to deliver the Products, Our liability shall be limited to the costs and expenses incurred by You in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by an Event Outside Our Control or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
13.8 If You fail to take or accept delivery of the Products within fourteen (14) Business Days of Us notifying You that the Products are ready, then, except where such failure or delay is caused by an Event Outside Our Control or Our failure to comply with Our obligations under the Contract:
a) delivery of the Products shall be deemed to have been completed at 9.00 am on the fourteenth (14th) Business Day after the day on which We notified You that the Products were ready; and
b) We shall store the Products until delivery takes place, and charge You for all related costs and expenses (including insurance).
13.9 If thirty (30) Business Days after the day on which We notified You that the Products were ready for delivery You have not taken or accepted delivery of them, title in the Products shall revert to Us and We may resell or otherwise dispose of part or all of the Products.
13.10 We may deliver the Products by instalments, which shall be considered as one Order. The Order will be invoiced and either paid for at one time or paid in instalments. Each instalment shall form part of the same Order. Any delay in delivery or defect in an instalment shall not entitle You to cancel any other instalment.
14. NO INTERNATIONAL DELIVERY
14.1 Unfortunately, We do not deliver to addresses outside the UK.
14.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
15. HOW TO PAY
15.1 You can pay for Products using a debit card or credit card. We accept the following cards: MasterCard, Visa, Maestro, Solo or Amex. If you choose to pay by cheque we allow up to 14 days for the payment to clear before accepting order.
15.2 Payment for the Products and all applicable delivery charges is in advance.
15.3 You own the Products once We have received payment of the Invoice in full.
16. MANUFACTURER GUARANTEES
16.1 Some of the Products We sell to You come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
16.2 If You are a consumer, a manufacturer's guarantee is in addition to Your legal rights in relation to Products that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.
17. OUR WARRANTY FOR THE PRODUCTS
17.1 We warrant that on delivery and for a period of twelve (12) months from the date of delivery (Warranty Period), the Products shall:
a) conform in all material respects with their description;
b) be free from material defects in design, material and workmanship (with the exception of defects drawn by Us to Your attention, special offers, clearance or sale Products where defects may be present, as stated) ; and
c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
d) be fit for any purpose held out by Us;
e) in the case of Consumers, be fit for any purpose made known to Us.
17.2 Subject to clause 17.4, if in the case of Stock Products or Ordered Products during the Warranty Period:
a) You give notice in writing to Us within seven (7) days of delivery that some or all of the Products do not comply with the warranty set out in clause 17.1;
b) We are given a reasonable opportunity of examining such Products; and
c) You (if asked to do so by Us) return such Products to Our place of business at Your costWe shall, at Our option, repair or replace the defective Products, or refund the price of the defective Products in full.
17.3 In the case where We replace any defective Products, any replaced Products shall be subject to the warranty set out in clause 17.1.
17.4 We shall not be liable for any Products' failure to comply with the warranty set out in clause 17.1 in any of the following events:
a) You make any further use of such Products after giving notice in accordance with clause 17.2;
b) the defect arises because You failed to follow Our written instructions as to the storage, commissioning, installation and maintenance of the Product as set out in clause 11;
c) the defect arises as a result of Us following any drawing, design or Specification supplied by You;
d) You alter or repair such Products without the written consent of Us;
e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
f) the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
17.5 Except as provided in this clause 17, We shall have no liability to You in respect of the Products' failure to comply with the warranty set out in clause 17.1.
17.6 These Terms shall apply to any repaired or replacement Products supplied by Us.
17.7 We shall not be obliged to provide any warranty in respect of Products for a period longer than the Warranty Period, whether or not such longer warranty is provided by the manufacturer of the Products in question.
18. OUR LIABILITY IF YOU ARE A BUSINESS
18.1 We only supply the Products for use by Your business, and You agree not to use the Product for any re-sale purposes.
18.2 Nothing in these Terms limits or excludes Our liability for:
a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) defective products under the Consumer Protection Act 1987; ore) any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
18.3 Subject to clause 17.1 We shall have no liability in respect of any damage or defect caused to any Products arising out of You or Your contractor carrying out any of the finishing work set out in clause 11, or any other alterations carried out to the Products by You or any person authorised by You.
18.4 Subject to clause 18.2, We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
18.5 Subject to clause 18.2 and clause18.3, Our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Products.
19. OUR LIABILITY IF YOU ARE A CONSUMER
19.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and us at the time We entered into the Contract.
19.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by Our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
19.4 We shall have no liability in respect of any damage or defect caused to any Products arising out of You or Your contractor carrying out any of the finishing work set out in clause 11 of these Terms, or any other alterations carried out to the Products by You or any other person authorised by You.
20. DATA PROTECTION
20.1 We will use the personal information You provide to:
a) provide the Products;
b) process the payment for such Products; and
c) inform You about similar Products that We provide, but You may contact Us at any time to stop receiving these communications.
20.2 We will not give Your personal information to any third party.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
21.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
a) We will contact You as soon as reasonably possible to notify You; and
b) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
22. ASSIGNMENT AND SUBCONTRACTING
22.1 We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect Your rights or our obligations under these Terms. We will always notify You by posting on Our Website if this happens.
22.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing. However if you are a consumer and You have purchased a Product as a gift, You may transfer the benefit of the warranty in clause 17 to the recipient of the gift without needing to ask Our consent.
23. NOTICES
23.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier or e-mail.
23.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by e-mail, one (1) Business Day after transmission.
23.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24. THIRD PARTY RIGHTS
24.1 This contract is between You and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if You are a consumer, the recipient of Your gift of a Product will have the benefit of Our warranty at clause 17, but We and You will not need their consent to cancel or make any changes to these Terms.
25. SEVERANCE
25.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
26. WAIVER
26.1 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
27. VARIATION
27.1 We may revise these Terms from time to time in the following circumstances:a) changes in how We accept payment from You; andb) changes in relevant laws and regulatory requirements.
27.2 Every time You order Products from Us, the Terms in force at that time will apply to the contract between You and Us.
27.3 Whenever We revise these Terms in accordance with this clause 27, We will keep You informed and give You notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
28. GOVERNING LAW AND JURISDICTION
28.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
