Terms and Conditions
Premier Screens are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link on the store page.
Our Contact details:
PREMIER SCREENS LTD
P.O. BOX 112
Phone: 01254 386776
e-mail: [email protected]
Any purchase of goods from this website or seperate order requires ‘the customer’ to consult and accept these terms and conditions. The click validating the order or receipt of an invoice or pro forma invoice implies full acceptance of these terms and represents the customer’s “digital signature”.
‘the customer’ – person(s), companies, Govt bodies, any other entities
THE MERCHANT – Premier Screens Ltd
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer, and or sale and supply/installation of goods by separate order. Unless alternative terms and conditions have been agreed and signed for by separate agreement by THE MERCHANT then they will not be accepted, and it is assumed that the customer has accepted and agreed to be bound by these terms and conditions.
All of our advertised products are an invitation to treat. The order information will be confirmed by email to the address specified by ‘the customer’ following completion and payment for the order. ‘THE MERCHANTS’ acceptance of the order will be considered made once the order has commenced manufacture, or as detailed under ‘special orders’. The sizes ordered will be the overall size of the item including all frames and sub frames, and not the size of the mesh. ‘THE MERCHANT’ will not be responsible for any incorrect sizes that are ordered and assume that ‘the customer’ has read and fully understood all the information on the product pages prior to placing the order.
Cancellation by THE MERCHANT
We reserve the right to cancel the contract between THE MERCHANT and the customer if:
we have insufficient stock to supply the goods that have been ordered
we do not deliver to your geographical area
one or more of the goods you ordered was listed at an incorrect price due to typographical error or an error in the pricing information received by us from our suppliers
goods ordered that are no longer available from our suppliers
If we cancel your contract we will notify you by e-mail and credit any monies paid. We will not be liable to offer any compensation for disappointment suffered, loss of earnings or profit, loss of work or cancellation of any contracts by other third parties.
Proof of Transaction
The records stored in THE MERCHANT’s computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Special orders are defined as goods which aren’t held on stock by ‘THE MERCHANT’ i.e. colours other than white or oversized screens.
A deposit may be required for special orders but this isn’t an acceptance of the order. ‘THE MERCHANTS’ acceptance of the order will be considered made once the special order goods have been received into ‘THE MERCHANTS’ possession and commenced manufacture.
These conditions for special orders are there to protect the right of ‘THE MERCHANT’ to cancel any order for circumstances out of it’s control, i.e. non delivery by suppliers, or goods that are damaged in transit from suppliers, this list isn’t exhaustive.
If we cancel your order we will notify you by e-mail and credit any monies paid. We will not be liable to offer any compensation for disappointment suffered, penalties, loss of earnings or profit, loss of work or cancellation of any contracts by other third parties or for any other situations / claims arising from the order not being fulfilled.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual. It is the customers responsibility to ensure that the product purchased is suitable for their own individual circumstances, samples are available on request so you can ensure the product is correct for your needs.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
If agreement is made to carry out site visits to measure and /or install the fly screens and the visit isn’t able to be completed on the specified date(s) due to the customer not being available or windows / openings not completed THE MERCHANT reserves the right to impose additional costs.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
Estimated delivery times which are stated on the order forms are an estimation, and delivery could be before or after these stated times. If no delivery times is stated our orders are normally dispatched within 3-5 working days from the following day of placing the order, please call if you require a faster delivery and we will be able to provide an exact delivery date. We will not be liable for any loss, financial or otherwise by the customer, caused by extended delivery times.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged without either notification at the time of reception, or within 24 hours of accepting delivery of the package(s). The package must be opened and goods inspected within the 24 hour delivery period.
If the customer is not available to receive the order, a card notifying the customer of attempted delivery will be posted through the customer’s door and the item will be retained by the carrier. The customer will then be responsible for contacting the carrier to arrange re-delivery. If the customer does not contact our carrier within 5 days, the item will be returned to us and re-delivery will be at the expense of the customer.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
You are able to instruct us to leave the goods in a safe place if there is no-one available to sign for the goods, but this is at your own risk. Goods are delivered between 8am and 5pm and we are unable to offer timed deliveries or telephone in advance of delivery on the day of delivery.
Installation dates are provided and every effort will be made to adhere to them. Under no circumstances whatsoever shall either ‘THE MERCHANT’ or ‘the customer’ (or any of it’s related parties) be liable to each other (or any of it’s related parties) in contract, tort, negligence, breach of statutory duty or otherwise for any indirect, consequential, special, incidental or punitive damages or any loss of profits, loss of use, damage to goodwill or loss of business in connection with installation dates, even if it has been advised of the possibility of such damages, and each party hereby waives, on behalf of itself and it’s related parties, any and all claims for such damages, including any claim for loss of profits, loss of use, damage to goodwill or loss of business whether arising in contract, tort or otherwise.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT within twenty four (24) hours of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS, or by e-mail to [email protected]
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT’s consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT’s expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return. THE MERCHANT will accept no claims or liability for costs incurred in installing or removing faulty or incorrectly delivered items.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
If the goods are found to be faulty or damaged on delivery then THE MERCHANT needs to be informed within 24 hours, no liability for missing parts will be accepted after 3 working days from delivery so please open and check your delivery within this time scale.
If goods are reported as faulty, and need to be returned, then the return charge is at the customers expense until the reported fault has been investigated and confirmed as a fault by THE MERCHANT. Once confirmed THE MERCHANT will either repair or replace the goods and return them, if there is no fault the cost of the return will be at the customers expense. All potential claims for faulty or damaged goods must be made in writing or sent by e-mail to [email protected]
No liability will be accepted for goods that have been damaged, mis-used or tampered with by the customer thereby causing a fault. No adjustments should be made to the roller fly screens other than by THE MERCHANT.
Our guarantee does not cover;
1. Normal wear and tear
2. All fly screen mesh, unless damaged on delivery, or damage occurs due to a manufacturing fault.
3. Accidental damage
4. Damage as a result of use not in accordance with the ‘normal’ use of a screen
5. Damage from external sources, eg weather
6. Failures caused by circumstances outside of Premier’s control
7. All faults caused by;
a) negligent use
b) screens not assembled correctly
c) incorrect installation
d) repairs or alterations not carried out by Premier
Right to Withdrawal / Returns
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, or orders for any goods made to your specification, which include pre cut kits. We all occasionally make mistakes and if you happen to receive an incorrectly sized item we will offer to rectify either by sending out the correct parts or collecting the goods, rectifying, and returning them to you. We will use our courier to collect large items, if the courier cannot pick up the goods when collection has been arranged there would be a charge levied for a second collection, or you can return the goods using your own courier.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods, the initial delivery charge. If the customer exercises the right to withdrawal, they have the option of requesting a refund or exchange of goods. If an exchange or return is requested, all shipping expenses shall be the responsibility of the customer.
To request a return please write or send an e-mail and we will contact you to authorise the return. No returns will be accepted without prior authorisation. If a return is requested after the 7 day period the THE MERCHANT has the right to refuse the return. Any returned items must be in the original opened packaging to enable the goods to be resold, if the goods or packaging is damaged and or components missing then we will be unable to issue a refund and re-delivery costs would be at the expense of the customer. A re-stocking charge of £20 + vat is levied against any authorised returned items following the 7 day cooling off period and the cost of shipping to return the goods is at the expense of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognised by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, non-delivery of goods by a third party, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform (“Delayed Party”) shall notify the other party (“Affected Party”) within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Disclaimer of Consequential Damages
Under no circumstances whatsoever shall either ‘THE MERCHANT’ or ‘the customer’ (or any of it’s related parties) be liable to each other (or any of it’s related parties) in contract, tort, negligence, breach of statutory duty or otherwise for any indirect, consequential, special, incidental or punitive damages or any loss of profits, loss of use, damage to goodwill or loss of business in connection with this agreement, even if it has been advised of the possibility of such damages, and each party hereby waives, on behalf of itself and it’s related parties, any and all claims for such damages, including any claim for loss of profits, loss of use, damage to goodwill or loss of business whether arising in contract, tort or otherwise.
Limit of Liability
THE MERCHANT’s total liability to ‘the customer’ under any circumstances shall not exceed the invoice or order total. If the invoice or order total includes any installation costs by THE MERCHANT then these costs will be deducted from the invoice or order total to reduce the liability to the cost of the materials. THE MERCHANT will not be liable for any costs incurred by the customer for installation or removal of any screen(s) which has been carried out by a third party or by the customer.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations here under shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT’s terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you).