Definitions
‘Bespoke Products’ means products which are made for a particular customer to your projects
specific requirements and includes all our doors, as all doors are made to order.
‘We’, ‘us’, ‘our’, ‘Lakes Doors’, ‘the company’ means Lakes Garage Doors Limited a company
registered in England and Wales under company number.05156621. Our registered office is at: Unit 5
Leachfield Industrial Estate, Green Lane West, Garstang, Lancs, PR3 1PR. Our VAT number is 604
50642 57.
The ‘Customer’, ‘You’ or ‘your’ means the person buying goods or services from us who is identified
in full in the quotations, sales orders and invoices and who makes payment of the deposit.
The ‘Contract’ or ‘Agreement’ means any contract for design, sale of goods or services
by us to the customer.
The ‘Goods’ means any goods forming the subject of this contract and other items ordered by the
Customer for supply, delivery and/or installation by the Company.
‘On Site’ means the address you contract us to complete the work at and for.
The ‘Terms’ means these terms and conditions, as amended online from time to time.
‘Third Party Contractors’ means contractors who are not associated with us, and are hired by you.
- Acceptance of these terms
1.1. These Terms & Conditions are agreed as accepted by the customer, once the customer has made
payment of their 60% deposit as set out in the quotation.
1.2. Specific clauses in these Terms apply only if you are buying services from us as a consumer
(ie for purposes outside of your business, craft or profession). If you are buying services from us
in the course of business, please speak to our representative if you are unsure which clauses do
not apply.
- Ordering services from us
2.1. Below, we set out how a legally binding contract between you and us is made.
2.2. Any quotation given by us before you make an order for services is not a binding
offer by us to supply such services.
2.3. Once we have discussed your requirements with you, and obtained any necessary further detail
and clarification of any matters from you, we will prepare a Quotation and send it to you by email
or first class post (if you do not have email).
2.4. Your Quotation will set out the amount of the quoted price and our payment terms.
2.5. When you decide to place an order for services with us, payment of your deposit is when you
accept to buy such goods and services from us.
2.6. We may contact you to say that we do not accept your order This is typically for the following
reasons:
2.6.1. We cannot authorise your payment;
2.6.2. There has been a mistake on the pricing or description of the services; or
2.6.3. We cannot carry out the services (for example, because we have a shortage of staff).
2.7. A legally binding contract between You and Us will be created when (and only when) You accept
our terms and pay the deposit.
2.8. If you are under the age of 18 you may not buy any goods or services from us.
- Bespoke design
3.1. The design will be based on the style and colours you choose. Colour accuracy of website and
catalogue products cannot be guaranteed due to the image reproduction process, these influences
mean each completed project may look slightly different.
3.2. We are able to provide a physical sample for our colours and/or finishes (unless expressly
stated). This is the most accurate way to choose a colour and/or finish, however, there may still
be variation and each completed project may look slightly different.
3.3. Bespoke Products cannot be returned or refunded in line with clause 8.2, 8.6.1 and 9.5.
- Confirmation of order
4.1. Confirmation of your order will only be sent to our suppliers when all details have been
agreed with us, the deposit has cleared in our bank account and the 14-day cancellation period has
passed.
4.2. The only exceptions to this are written confirmation from you to start carrying out the
services within the 14-day cancellation period or goods made especially for you (Bespoke Products).
- Carrying out of the services
5.1. We must carry out the services by the time or within the period as discussed with you. If you
and we have agreed no time or period, this will be within a reasonable time.
5.2. Our carrying out of the services might be affected by events beyond our reasonable control. If
so, there might be a delay before we can restart the services, having made reasonable efforts to
limit the effect of any of those events and having kept you informed of the circumstances, we will
try to restart the services as soon as those events have been fixed. Examples of events which might
be beyond our reasonable control include:
5.2.1. you change the order;
5.2.2. we have to wait for your other providers or Third Party Contractors to complete their work
before we are able to carry out the services;
5.2.3. materials are not delivered at the time agreed with the manufacturer;
5.2.4. we cannot access the site at the times we agreed with you;
5.2.5. you have not prepared the site in the way we agreed with you;
5.2.6. poor weather conditions;
5.2.7. you do not pay our charges and invoices on time; or
5.2.8. you ask us to do anything which is unreasonable, unlawful or illegal.
When we carry out the services, we might not have all of the materials we need. This might be due
to the condition of an item or the area where the services are being carried out, this might become
apparent only when we start carrying out the services and it may not have been possible to
establish it until that point
- Change Order Procedure
6.1. All order change requests cannot be guaranteed; design, product or location changes must be
confirmed in writing by you to us, this may incur fees and alteration to agreed dates for
completion.
6.2. You will be notified in writing if there are any additional charges.
6.3. No order change requests will be valid unless agreed in writing by us.
- Sizes, quotes and confirmation of order
7.1. Quotations shall be deemed to be withdrawn unless the deposit is paid and our terms agreed
within 30 days of the date of the quotation.
7.2. We will adhere to all measurements and sizes as reasonably practicable but we will not be
liable for deviations from this which are not level, flat or plumb.
7.3. It is up to the customer to ensure all sizes, shapes, and details on the quote are correct for
what you need. We will not commence your order until you have confirmed your quotation is correct.
- Right to Cancel this contract
8.1. Under the Consumer Contract Regulations, you have the right to cancel this contract within 14
days without giving any reason.
8.2. These rules and the right to cancel do not apply for any goods made specific to the customers’
requirements, for example our BBespoke Products.
8.3. The cancellation period will expire after 14 days of the conclusion of the contract.
8.4. To exercise the right to cancel, you must inform us of your decision to cancel this contract
by a clear statement by email.
8.5. To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel before the cancellation period has expired.
8.6. We will wait until the 14-day cancellation period in this clause is over before we start to
carry out the services, unless:
8.6.1. you want us to carry out the services during the 14–day cancellation period or you have
ordered a Bespoke product which cannot be cancelled;
8.6.2. we have agreed to do so, and
8.6.3. you have paid the deposit.
- Effects of cancellation
9.1. If you cancel this contract, we will reimburse to you all payments received from you except
where we are allowed to keep such payments.
9.1.1. If you cancel after the 14-day cancellation period, the deposit is non- refundable; or
9.2. We will make any reimbursement without undue delay, and not later than 14 days after the day
on which we are informed about your decision to cancel this contract.
9.3. We will make the reimbursement using the same means of payment as you used for the initial
transaction.
9.4. If the services are completed within the 14-calendar day cooling off period, you will lose the
right to cancel once the Services are completed.
9.5. If the products are bespoke and the manufacturer has been instructed on your design you will
lose your right to cancel.
9.6. If you cancel the Agreement after provision of the services has begun, you will be required to
pay for the services supplied up until the point at which you inform us of your wish to cancel.
Immediate payment for outstanding monies will be requested.
9.7. This does not affect the rights you have if your services are faulty. See clause 28 below.
- Price, Charges, Payment and VAT
10.1. We will let you know the basis of calculating the charges for the services and related goods
(and any extra charges such as delivery charges) to the fullest extent we can when you place an
order with us.
10.2. All prices are exclusive of VAT, except where expressly stated otherwise and are to be paid
in pounds sterling (GBP) (£).
10.3. We accept bank transfers, debit cards and credit cards for payment. All payments by credit
card or debit card need to be authorised by the relevant card issuer. Cash and cheques will be
accepted by exception only on agreement with us
10.4. We charge for our services on a Quotation basis (i.e. we promise to carry out the services
at a fixed price). The quoted price for any particular services will be the price payable for those
services as shown in the accepted quotation for those services.
10.5. If the rate of VAT changes before you accept the quotation, we will adjust the amount of VAT
that you must pay
10.6. We will provide an updated sales order providing for the 60% deposit when we receive your
acceptance of the quotation, and again upon receipt of the balance of goods. Invoices for the full amount are provided at the time of installation, or prior
to delivery for supply only goods.
10.6.1. We will not be liable for any costs incurred by the Customer due to the cancellation of the
order or termination of the contract.
10.7. Payments are not to be withheld in the event of delays to installation by the customer.
10.8. You must pay any invoice for an amount, other than the Deposit, within 7 days of receiving
it.
10.9. If your payment is not received by us by the due date, we hold the rights to stop work until
payment has been made.
10.9.1. If your delayed payment delays the work and we cannot return immediately due to other
contracted work, we will not be liable.
10.10. Interest
10.10.1. If your payment is not received by us by the due date, we may charge you interest on any
balance outstanding at the rate of 8% above the Bank of England’s base rate from time to time.
Interest will accrue on a daily basis from the due date until the actual date of payment.
10.10.2. If you have promptly contacted us to dispute an invoice in good faith, we will not charge
interest while such a dispute is ongoing.
- Retention of title
11.1. The products installed remain the property of Lakes Doors until paid for in full, which
includes the cost of all materials, labour and installation. For the avoidance of doubt, any
amount, regardless of payment method will not be deemed to have been paid in full until the funds
are showing in our bank account.
11.2. The Customer hereby agrees and authorises Lakes Doors and its tradesmen access to the
property, without any notice, to remove any tools and products installed if payment of the total
amount is not made in full.
- Events Outside of Our Control (Force Majeure)
12.1. We will not be liable for any failure or delay in performing our obligations under the
Agreement 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, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes,
subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or
preparations for war), epidemic or other natural disaster, or any other event that is beyond our
reasonable control.
- Delivery Dates and supply of services
13.1. We make every effort to deliver the product as requested at the time discussed when the
order was placed. For delays or conditions outside of our control we will not accept any liability
for delivery outside a previously discussed time frame or date.
13.2. The customer cannot decline late delivery if we are unable to deliver on the agreed date or
we have problems with the manufacturer.
13.3. We recommend that if you are arranging independent tradesmen to carry out work that you do
this only after goods have been delivered. We will not be responsible for any losses incurred for
late delivery.
13.4. If there is any ‘on site’ delay caused by the customer or third party, we reserve the right
to extend the installation time frame.
13.5. We shall provide reasonable endeavors to meet the estimated timescales by us but these
remain estimates only.
- Goods and damages
14.1. It is the customer’s responsibility to check all items for damage on delivery before you
sign for and accept the items and to inform the delivery driver of any immediate damages and us
within 24 hrs.
14.2. If goods are damaged during delivery, we will work with the manufacturers and endeavor to
repair or replace the items as soon as possible but cannot be held responsible for any further
costs you may incur.
14.3. No claims for loss or damage can be made after this 24-hour period. The only exception to
this is the risk of damage to the goods caused by us during the installation.
14.4. Damage that is caused to goods after installation will be at the risk of the Customer.
14.5. We are not responsible for any pre-existing faults or damage in or to your property that we
may discover while providing the Services.
14.6. We accept no responsibility for damage or breakage related to:
14.6.1. Other tradespersons not working directly with us;
14.6.2. Tradespersons employed directly by the customer;
14.6.3. Any attempt to modify/alter work completed previously or currently by other tradespersons
unrelated to us;
14.6.4. resulting from structural or other defects in the property at which the installation is
being carried out.
14.7. No claims for damages can be made by the customer after installation, as installation of the
goods and materials constitutes acceptance of the product in its current state.
14.8. Instances where loss or damage has occurred, the customer must inform us exactly what the
problem is and provide unrestricted access to review and rectify (if possible) the situation.
14.9. The customer accepts that liability for damages does not extend beyond the repair if
possible, or replacement if necessary, of the damaged productsas far as it is reasonably
practicable.
14.10. Any complaint or claim by the Customer for compensation for any damage or alleged damage by
us, for which it may or may not be liable under these terms and conditions, must be made in writing
to reach us within 7 days of completion of the installation/supply. If such complaint or claim is
not received within 7 days, we will accept no liability whatsoever.
- Natural products
15.1. Natural products such as wood have colour variations and characteristics, such as knots and
we cannot guarantee the exact colour, shade, or grain. These cannot be considered a flaw, fault or
reason for complaint by the customer.
15.2. Natural expansion and contractions are not defects or flaws, they are natural
characteristics of certain materials and cannot be considered a reason for complaint by the
customer.
15.3. Regular maintenance and care is required for certain products such as wood, if this
maintenance and care is not carried out then it will alter the products natural appearance. Lakes
Doors will not be held responsible for any alternation in the natural appearance due to lack of
care and maintenance by the customer.
- Installation
16.1. The Customer will provide access to the premises to any member of the Company at all
reasonable times so that we may complete the installation and/or supply in accordance with the
contract.
16.2. Installation work may cease if it is identified or suspected there is a situation which may
be hazardous to life or property. We reserve the right not to continue until the situation is made
safe.
- Guarantees
17.1. We offer an installation warranty for twelve months after the completion of the
installation.
17.2. We do not offer any warranty’s with the purchase of the Products except those provided by
the manufacturer.
17.3. We can only pass on any warranty from the manufacturer, we are not responsible for or liable
under this warranty. If requested we can contact the manufacturers on your behalf as part of our
client care package.
17.4. If a defect occurs during the warranty period which is due to faulty workmanship by us, we
will repair wherever possible. We will not charge you for remedying problems under this section
where the problems have been caused by us. We must be able to inspect the goods personally to check
the workmanship. It is not sufficient to gain an opinion solely from the manufacturer or a Third
Party who may not have the expertise on the product or installation.
17.5. We will not be liable for any alleged faults unless we have inspected the goods. If after
inspection, the goods have been found to be defective due to the Customer’s own misuse, tampering
or lack of maintenance during the warranty period, we will not be held liable.
- Remedial and additional work
18.1. Remedial or snagging work for completion of your project is included in our service. Any
further return visits may incur a cost.
18.2. If the final payment is due before the remedial or snagging works are complete, payment
cannot be withheld.
18.3. The working week is Monday to Friday. If you require additional work to be completed
Saturday, Sunday or Bank Holidays an additional charge may be required.
- Your privacy and personal information
19.1. Your privacy and personal information are important to us. Any personal information that
you provide to us will be dealt with in line with our Privacy Policy, which explains what personal
information we collect from you, how and why we collect, store, use and share such information,
your rights in relation to your personal information and how to contact us and supervisory
authorities in the event you have a query or complaint about the use of your personal information.
19.2. Our Privacy Policy is available on our website .
- Website
20.1. The Company will attempt to ensure that the information available on the website at any time
is accurate. However, the Company shall not be liable for any errors or omissions.
20.2. The Company will use all reasonable endeavors to correct errors and omissions as quickly as
practicable after becoming aware or being notified of these.
20.3. The copyright in the material contained in the website and any trademarks and brands
included in that material belongs to the Company or its licensors.
- Limitation of liability
21.1. Nothing in these Terms is intended to limit any rights you might have as a consumer under
local law or other statutory rights.
21.2. If we have supplied the goods only, we are not responsible or liable for any installation
errors, poor workmanship or damage.
21.3. Except for any legal responsibility that we cannot exclude in law (such as for death or
personal injury) or arising under applicable laws relating to the protection of your personal
information, we are not legally responsible for any losses that:
21.3.1. were not foreseeable to you and us when the contract was formed;
21.3.2. that were not caused by any breach on our part; and
21.3.3. losses to non-consumers.
21.4. Lakes Doors assumes that all information, measurements and facts that you provide are
accurate and true and will not accept liability for any loss or damage where we reasonably perform our services in reliance on these. We will be responsible for any
measurements we make or provide.
21.5. We are not liable for losses, costs, damages or expenses (direct or indirect) incurred by
the customer or any third party if we do not meet any estimated installation dates.
21.6. There can be no claims for disruption to lifestyle.
21.7. Whilst we aim to provide the services to you according to the timetable specified in the
Contract Agreement, dates and time frames for delivery for products and carrying out the Services
are provided for guidance only and we do not guarantee that the services will be performed or
completed by or within those or any other dates or time frames. For the purposes of the Contract
Agreement, time shall not be of the essence and we will not be liable for any loss or damage you
suffer as a result of the delivery of any of the Services being delayed or postponed for any
reason.
21.8. Except to the extent permitted by law, we will not be liable to the Customer for any
indirect or consequential loss, damage or expenses (including loss of profits, business or
goodwill) howsoever arising out of any negligence or breach of the contract on our part and we
shall have no liability to pay any money to the Customer by way of compensation other than to
refund to you the price you have paid to us
- Third Party Contractors (‘Contractors’)
22.1. Where we or you identify that in order to implement the project, there may be services or
products needed in addition to the services we provide and we acknowledge that you may decide to
appoint Contractors, the following will apply:
22.1.1. It will be your decision as to whether to appoint any Contractor(s) and as to which
Contractor(s) to appoint.
22.1.2. We will not be involved in the appointment of such Contractors. If you choose to appoint a
Contractor, the contract in that case will be between you and the Contractor. We will not be a
party to that contract.
22.1.3. Where we are required to cooperate with any Contractor(s), we will use reasonable efforts
to do so and to ensure that the services are provided in accordance with the Agreement.
22.1.4. We will require you to use reasonable efforts to keep us informed of the progress of the
project and in particular the activities of any Contractor(s) whose work may affect our provision
of the services (whether adversely or otherwise).
22.1.5. You will be responsible to ensure that your Contractors adhere to the measurements and
other material features of your order with us.
22.1.6. If your Third Party Contractors complete their works but they have not adhered to the
measurements and other material features covered by your order with us, there might as a result be
material differences which prevent us from installing our product.
22.1.7. If there are any such material differences, the customer will bear any additional costs and
expenses arising from them.
- Disclaimers
23.1. Whilst every effort has been made to ensure that all descriptions of services and
photographs of products/designs correspond to actual products or services supplied by us, we are
not responsible for any variations from these descriptions.
- Termination, Effects of Termination and End of the contract
24.1. We may terminate our contract with immediate effect by giving written notice if you fail to
make a payment on time as required.
- Effects of Termination
25.1. If this contract is Terminated:
25.1.1. it will not affect our right to receive any money which you owe to us under this contract;
25.1.2. any clauses which either expressly or by their nature relate to the period after the expiry
or termination of the contract will remain in full force and effect; and
25.1.3. it 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 contract which exists at or before the date of
termination.
- After sales service
26.1. We will return to fix any snagging or remedial works as agreed in the Completion Works.
26.2. We can be contacted for any issues regarding work completed by us. If required we will
return to site to review the issue, resolve wherever possible if the issue lies with work carried
out by us, or advise on next steps if the issue does not lie with us.
- Disputes, Complaints, Feedback and Legal
27.1. 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.
27.2. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy
with our services please contact us as soon as possible by email or telephone.
27.3. Personal Preference. We will not be able to resolve complaints which are design related due
to personal preference. The goods are designed and manufactured by our suppliers and we have no
control or responsibility over the design. We do welcome your feedback and this may be passed onto
the manufacturers from time to time.
27.4. Nothing in this contract affects your legal rights under the
Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have
other rights in law. For more details of Your legal rights, please refer to Your
local Citizens’ Advice Bureau or Trading Standard Office.
27.5. If any Court, ombudsman or any other competent authority decides that any aspect of any term
of this Contract is invalid or unenforceable, that aspect of that term shall be severed from the
Contract and shall have no effect on the remainder of the Contract.
27.6. The laws of England and Wales will apply to this contract.