TERMS AND CONDITIONS

Legal Notice

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1.Introduction

Please read these terms and conditions carefully before using the website www.dwctradewindows.co.uk ('our website', 'this website') operated by DMODS/REAL WINDOWQUOTER LTD ( 'our', 'we' or 'us'). REAL WINDOWQUOTER LTD is a private limited company registered in England & Wales, Company registration No. 7008328 and VAT No. 977123792 , having its registered office address at: . Acorn Business Centre, Northarbour Road, Cosham, Portsmouth, PO6 3TH

Our head office and address for all day to day communications is:

78 Alma Road, Winton, Bournemouth, Dorset. BH9 1AN.

By accessing or using this website you agree to be legally bound by these terms and conditions as t hey may be modified and posted on our website from time to time. If you do not wish to be bound by these terms and conditions then you may not use our website.

2. Nature of our website

Our website is a place for you to browse and purchase our extensive range of UPVC windows, door and conservatories (the 'Products') and for you to browse and use our Double Glazing Advice ('DGA') and Trade Contacts Directory (the 'TCD'). Our website describes the Products in much more detail. You must be over 18 years to purchase the Products, using the payment method displayed on our website.

3. Buying products on our website

To order a product you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website. The delivery costs are calculated based on the distance from our head office to the delivery address of each location using postcodes as a means of identification. Any times or dates stated on our website for delivery are estimates only. DWC will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.

We accept the following forms of payment: .Mastercard, Visa, Maestro, Delta, Visa Electron, Solo debit cards, / transfer by BACS. We must receive payment in cleared funds prior to our fabricating any Products or supplying any products to you. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The prices are exclusive of delivery costs and applicable taxes.

DWC is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us on registration. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.

If the Product you ordered is unavailable, for example if we are out of stock with one particular profile, we may provide to you a substitute of an equivalent quality and price ('Substitute Product'). In the event that we are unable to do this then we will attempt to fulfil your order with what products we have in stock and we shall refund the purchase price of any unavailable product where payment has already been made.

You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be accurate and correct, that includes any measurements you provide, also that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.

4. Returns

All windows doors and conservatories that form part of the Products (including the glass in cases of glazed orders) are made to order and therefore we will not allow you to return them for a refund unless the exceptions detailed below apply. Any non-bespoke items that we may supply to you, you may return them for any reason provided that you do so within 7 working days of delivery. To do so you must notify us in writing within those 7 working days. You will then be entitled to a refund from DWC Trade Windows, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to DWC Trade Windows on request, and strictly at our discretion, we may collect the Products from you, but where we choose to do so, the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition. DWC Trade Windows, which will be paid as soon as possible, but in any event within 30 days.

You must arrange for and pay the costs of returning the Products to

• The Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description; or

• The Product delivered is not of a satisfactory quality.

DWC Trade Windows will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.

If you have any complaints, you should direct them to us via e-mail sales@dwctradewindows.co.uk or by post at: 78, Alma Road, Winton, Bournemouth, Dorset. BH9 1AN

5. Modifications to website

We reserve the right to make changes or corrections, alter, suspend or discontinue any of the Products or services available through our website, including your access to it. Unless explicitly stated to the contrary, any new features, Products or services shall be subject to these terms and conditions. Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.

6. Information you provide to us

The following applies to any information you provide to us, for example during any ordering process.

You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Products and services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ë Partner Companies).

If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as ë Personal Information.

You must ensure that all information, including Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Policy.

By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at sales@dwctradewindows.co.uk

You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions or otherwise by law. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

7. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify DWC Trade Windowsimmediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention. The entire contents of these web pages remains our property and is copyright with all rights reserved.

8. Information and material on our website

Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.

Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, including the DGA and TCD and therefore you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content ( whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

9. Copyright and monitoring

The contents of our website are protected by international copyright trade mark laws and other intellectual property rights. The owner of these rights is Real Windowquoter , its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with DWC Trade Windows or using our website to purchase the Products. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website without our prior written consent.

10. Linked sites and the Trade Contacts Directory

If you have any questions about these Terms, please contact us, make no representations whatsoever about any of the products or services offered by the TCD and/ or other websites which you may access through our website or which may link to our website. When you access any of the TCD or other websites you understand that it is independent from DWC Trade Windows, and that we have no control over the content or availability of them or their websites. In addition, a link to any other website does not mean that DWC Trade Windows endorses or accepts any responsibility for the content, or the use of, such a website and DWC Trade Windows shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through the TCD or any other website or resource. Any concerns regarding a TCD or their websites should be directed to them.

11. Linked sites and the Trade Contacts Directory

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

12. Liability

We promise that for any Product you purchase from our website:

• We have the right to sell the Product to you.
• The Product will correspond with the description we have given to you; and
• The Product will be of satisfactory quality;

Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you (for example measuring or fitting) will be provided with reasonable skill and care.

We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website. Again we reiterate we will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of DWC Trade Windows or our servants, agents or any other person or entity.

If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. General

We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and DWC Trade Windows. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by DWC Trade Windows or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor DWC Trade Windows will be held liable for any failure to perform any obligation to the other due to causes beyond your or DWC Trade Windows ís respective reasonable control.

Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

DWC Trade Windows offers a 10 year guarantee on installations controlled by DWC Trade Windows

DWC Trade Windows is a member of the following professional body: DWC Trade Windows and is subject to certain professional rules which can be found a DWC Trade Windows or provided to you upon written request.

DWC Trade Windows is a member of FENSA and STROMA , all domestic installations carried out under DWC Trade Windows will be registered under FENSA and STROMA unless controlled by local building regulations.

These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

14. Notices

All notices shall be given:

• To us via e-mail at sales@dwctradewindows.co.uk or by post at:
78, Alma Road, Winton, Bournemouth, Dorset. BH9 1AN; or
• To you at either the e-mail or postal address you provide during any ordering process.
• Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

15. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.