Terms & Conditions

J & J WINDOWS TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the supply and installation of the products and services by J & J Windows & Doors Ltd (“the Company”) to customers who require their services.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Agreed Times”
means the times which the Consumer and this Company agree for J&J Windows to have access to the Property to complete the Job;

“Agreement”
means the contract into which the Consumer and you will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions;

“Business”
means any business, trade, craft or profession carried on by the Consumer or any other person/organisation;

“Company”
Means J & J Windows & Doors Ltd, a company registered in England under company number 07525631 of 1B SVT Building, Holloway Road, Heybridge, Essex CM9 4ER and includes all its employees and agents.

“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Company who receives J & J Windows’ Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit”
means the deposit the Consumer will be required to pay in accordance with Clause 5;

“Final Fee”
means the total of all sums the Consumer must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions;

“Job”
means the complete performance of J & J Windows’ Services;

“Model Cancellation Form”
means the model cancellation form attached as Schedule 2;

“Order”
Means the Consumer’s initial request for J & J Windows to provide their Services as set out in Clause 4;

“Products/Goods”
means the products or goods (including any instalment of the goods or any parts for them) required for the provision of the Services which the Company will supply in accordance with these Terms and Conditions and the Agreement.

“Property”
Means the Consumer’s home, as detailed in the Order and the Agreement, at which the Job is to take place;

“Quotation”
means the quotation J & J Windows gives to the Consumer in accordance with Clause 4 detailing the services the Company will provide to the Consumer and the fees we will charge;

“Quoted Fee”
means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;

“Services”
means the services the Company will provide as specified in the Agreement;

“Start Date”
means the date the Company and the Consumer agree on for the company to start providing the Services as specified in the Agreement;

“Visit”
means any occasion, scheduled or otherwise, on which the Company visits the Property to assist in providing their Services;

  • Each reference in these Terms and Conditions to “writing”, and any similar expression , includes electronic communications whether sent by e-mail, fax or other
  • Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
  • Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
  • Each reference to a Schedule is a reference to a schedule in these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
  • Words signifying the singular number will include the plural and vice versa.
  • References to any gender will include the other gender.
  • References to persons, unless the context otherwise requires, include corporations.

2. Information about Us

  • We are a limited company.
  • We are registered in England under number
  • Our registered office is at 1B SVT Building, Holloway Road, Heybridge, Essex, CM9
  • Our main trading address is 2 Ramblers , Wash Lane. Little Tatham, Malden, Essex, CM9 8LX.
  • Our VAT number is 740800364 .
  • We are regulated by FENSA and GGF Insurance.
  • We are a member of GGF.

3. Communication and Contact Details

  • If you wish to contact the Company with questions or complaints, we can be contacted by telephone on 01621 788123 or by email at info@jjwindowsdoors.co.uk.
  • In certain circumstances, the Consumer must contact J & J Windows in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting us in writing the Consumer may use the following methods:
    • email at info@fiwindowsdoors.uk; or
    • by pre-paid post at J & J Windows & Doors Ltd, 2 Rambler, Wash Lane, Little Tatham, Maldon, Essex, CM9 8LX.

4. Orders

  • We accept orders for our Services via telephone, internet and
  • When placing an Order the Consumer should set out, in detail, the goods and services required. Details required include the location and size of the Property, number and type of rooms in which work is required and the type(s) of windows (e.g. double glazing, stained glass etc.). We will then attend the property and undertake a final measure before ordering the glass
  • Once the Order is complete and submitted the Company will prepare a Quotation and send it to you either by email or first class post. The Quotation will set out the required Deposit and fee (see Clauses 5 and 6).
  • You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or first class
  • The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Consumer’s specification, which do not materially affect their quality or performance.
  • No order submitted by the Consumer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company’s authorised representative.

5. Deposit

  • At the time of accepting the Quotation, the Consumer must pay the Company a Deposit. The Deposit will be 25% of the Quoted Fee unless agreed by this Company in writing. We will not confirm an Order until the Deposit is paid in full.
  • The Deposit is non-refundable except as set out in Clauses 12, 13 and

6. Fees and Payment

  • The Quoted Fee will include the price payable for the supply and fitting of the goods and for the estimated Products required.
  • We will, where reasonably possible, use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however if additional Products are required we will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.
  • If the price of Products or services increases during the period between your acceptance of the Quotation and the Start Date, We will inform you of the increase and of any difference in the Final
  • The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes we will adjust the amount of VAT that you must pay.
  • We will invoice you when the Job has been completed.
  • You must pay any invoice within 7 days of receiving
  • We accept the following methods of payment:
    • Credit/debit card;
    • Cash;
    • Cheque;
    • BAGS.
  • If you do not pay an invoice by the due date, We may charge you interest on the overdue sum at the rate of 4% above the base rate of NatWest Bank from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
  • If you have promptly contacted us to dispute an invoice in good faith, we will not charge interest while such a dispute is ongoing.
  1. Services

    • We will provide the Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between the Consumer and the Company from time to time).
    • We may provide sketches, impressions, plans or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
    • We will use reasonable endeavours to ensure that the Products we use match those chosen by you and are consistent throughout the Property (or relevant parts of the Property). However, we cannot guarantee the quality, tint, colour, pattern or finish of the glass or other Products. We cannot guarantee consistency throughout due to unavoidable variances that may arise in the manufacturing process of the
    • The responsibility (sometimes referred to as the “risk”) for the Products remains with the Company until they have been delivered to the Consumer at which point it will pass to you. You will own the Products once we have received payment in full for them.
    • We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
    • 6 The Company shall use its reasonable endeavours to complete its obligations under the Agreement, but time will not be of the essence in the performance of such obligations.
    • The Company will ensure that it complies with all relevant codes of practice.
    • We will ensure that no parts of the Property suffer damage as a result of the provision of our Services. We will make good any damage that occurs at no additional expense to you as soon as is reasonably
    • The Company will not be responsible in any way for structural defects in the Property before or during the installation and the Company makes no provision for decorating and painting either during or upon completion of the installation.
    • The Company will not be responsible for the relocation of any services, fixtures or fittings which are ancillary to the basic structure of the property. It is the Consumer’s responsibility to remove and refit all household fixtures prior to installation .
    • The Company will properly dispose of all waste that results from the provision of our Services.
    • We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Property from the elements. We will also advise you of any security risks associated with these temporary materials.

8. Guarantee

  • We guarantee that the Goods and services Services provided will be free from material defects as advised in our Guarantee provided following completion of the Job.
  • If any defect in the Goods or Services appears during the guarantee period set out in sub-Clause 8.1, We will rectify the defects free of

9. Your Obligations

  • If any consents, licences or other perm1ss1ons are needed from any third parties such as landlords, planning authorities, local authorities or similar, then you must obtain them before we begin to provide the Goods and Services.
  • The Consumer agrees to permit access to the installation address to the Company at the Agreed Times to ensure that the Company can complete the Job.
  • You may either give the Company a set of keys to the Property or be present at the Agreed Times to give the fitters access. We promise that all keys will be kept safely and securely by the Company.
  • You must ensure that the Company has access to electr ical outlets and a supply of hot and cold running water.
  • You must give us at least 48 hours notice if you do not require the fitter to provide the Services on a particular day or at a particular time. We will not invoice for cancelled visits provided such notice is given. If less than 48 hours notice is given we will invoice you at the normal rate.

10. Complaints and Feedback

  • We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint
  • All complaints are handled in accordance with our complaints handling policy and procedure , available from our office.
  • If you wish to complain about any aspect of your dealings with us, please contact us in one of the following ways:
    • In writing, addressed to Christine Hoy, at 2 Ramblers, Wash Lane, Little Tatham, Essex, CM9 8LX;
    • By email, addressed to Christine Hoy, info@jjwindowsdoors.co.uk;

11. Changing the Start Date

  • If you ask us to change the Start Date:
    • We will where reasonably possible agree a revised Start Date with you;
    • If it is not possible to agree a revised Start Date either you or the Company may terminate the Agreement (see Clause 14).
  • If we ask you to change the Start Date, you may either:
    • agree a revised Start Date with us; or
    • terminate the Agreement (see Clause 14).

12. Cancellation of Contract During the Cooling Off Period

  • Where the Agreement is not made “on our premises”, you have a statutory right to a “coolingoff’ period. This period begins once the contract between you and us is formed and ends at the end of 14 calendar days after that
  • If you wish to cancel the Agreement within the cooling off period you should inform us immediately by a clear statement (e. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions).
  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
  • If you exercise the right to cancel you will receive a full refund of any amount paid to the us in respect of the contrac
  • We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
  • We will process the refund due to you as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
  • If the Start Date falls within the cooling off period you must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request, you acknowledge and agree to the following:
    • If the Job is completed within the 14 calendar day cooling off period, you will lose the right to cancel once the Job is completed;
    • If you cancel the Agreement after provision of the Goods and Services has begun you will be required to pay for the Goods and/or Services supplied up until the point at which you inform us of your wish to cancel;
  • The amount due will be calculated in proportion to the full price of the Goods and Services and the actual Goods and Services already provided . Any sums that have already been paid will be refunded subject to deductions calculated on this basis;
  • We will process any refund within 7 days and in any event no later than 14 calendar days after you inform us of your wish to
  • Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

13. Cancellation Before the Start Date

  • In addition to your rights in Clause 12 relating to the cooling off period, you may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as follows:
    • If you cancel the Job more than 30 days before the Start Date we will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
    • If you cancel the Job less than 30 days before the Start Date we will retain from the Deposit a sum to cover any net financial loss that we suffer due to the cancellation. We will refund the balance of the Deposit to you as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If our net financial loss is more than the amount of the Deposit, we will invoice you for the shortfall and you will be required to make payment in accordance with Clause 6.
  • 2 We may need to terminate the Agreement  before the  Start Date due to  the unavailability of required personnel or materials,  or  due to  the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform  you  as  soon  as  is  reasonably  possible.  We will refund the deposit  and any other sums paid as soon as is reasonably possible and in any event within 14 calendar days of termination.

14. Termination

  • You may terminate the Agreement with immediate effect by giving us written notice if:
    • We have breached the Agreement in any material way and have failed to remedy that breach within 60 days of you asking us in writing to do so;
    • We enter into liquidation or have an administrator or receiver appointed over our assets;
    • You and this Company have been unable to agree a revised Start Date under Clause 11.1 or you elect to terminate the Agreement under Clause 11.2;
  • We are unable to provide the Goods and Services due to an event outside of our control (see Clause 16).
  • We may terminate the Agreement with immediate effect by giving you written notice if:
    • You fail to make a payment on time as required under Clause 6 (this does not affect our right to charge interest on overdue sums under sub­ Clause 6.8);
  • You have breached the Agreement in any material way and have failed to remedy that breach within 60 days of us asking you in writing to do so; or
  • You and us have been unable to agree a revised Start Date under Clause 11.1;
  • We have been unable to provide the Goods and Services for more than 12 weeks due to an event outside of Our control (see Clause 16).
  • For the purposes of this Clause 14, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in  its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by accident, mishap, mistake or misunderstanging
  • If at the termination date:
  • You have made any payment to us for any Goods or Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
  • We have provided Goods and Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with Clause 6.

15. Effects of Termination

    • If the Agreement is terminated for any reason:
      • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and
      • Termination will not remove or reduce any right to damages or other remedy which either you or we may have in respect of any breach of the Agreement which exist at or before the date of termination.

16. Events Outside of Our Control (Force Majeure)

    • We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terroism (threatened or actual), acts of war {declared, undeclared, threatened, actual or preperations for war}, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
  • If any event described under this Clause 16 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions :
    • We will inform you as soon as is reasonably possible ;
    • 2 Our obligationsunder the Agreement will be suspended and any time limits that we are bound by will be extended accordingly;
  • We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods and Services as necessary;
  • You or we may terminate the Agreement (see Clause 14).

    17. Liability

    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Agreement is entered We will not be responsible for any loss or damage that is not foreseeable.
    • We will maintain suitable and valid insurance including public liability insurance .
    • We provide Goods and Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercia,l business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business
    • If we cause any damage to the Property, we will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that we may discover while providing the fitting Services.
    • Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the AgreemeAt is limited to £5,000,000.00.
  • We are not liable for any loss or damage you suffer which results from your failure to follow any reasonable instructions given by us or the
  • Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
  • Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation. For more details of your legal rights please refer to your local Citizens Advice Bureau or Trading Standards

18. How We Use Your Personal Information (Data Protection)

  • All personal information that we may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that
  • We may use your personal information to:
    • provide the Services to you;
    • process your payment for the Goods and Services;
    • inform you of new products and services available from us. You may request that we stop sending you this information at any
  • In certain circumstances (if, for example, you wish to pay for the Goods and Services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • We will not pass on your personal information to any other third parties.

19. Other Important Terms

    • We may from time to time change these Terms and Conditions without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such
    • We may transfer (assign) our obligations and rights under the Agreement to a third party (this may happen, for example, if we sell our business).  If this occurs we will inform you in writing. Your rights under the Agreement will not be affected and our obligations under the Agreement will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under the Agreement without our express written permission (such permission not to be unreasonably withheld).
    • The Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the
    • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by us or you in exercising any rights under the Agreement means that we or you have waived that right, and no waiver by us or you of a breach of any provision of the Agreement means that we or you will waive any subsequent breach of the same or any other provision.

20. Law and Jurisdiction

    • These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.
    • Any dispute, controversy, proceedings or claim between you and us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.