Terms and Conditions for EG Online - T/A Everton Glassworks Ltd
Mon-Fri 08:30 - 17:00
Sat 09:00 - 16:30
Sun 10:00 - 15:00
Tel: 0151 922 4273 and 0151 260 9831
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" EG Everton Glass
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.eg-online.co.uk.
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in these terms.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website .
4. Price & Payment
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 Prices are subject to change without notice.
5. Rights of Seller
5.1 The Seller reserves the right to periodically update prices and sizes on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices and sizes are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
5.4 The seller reserves the right to source a door from a range of manufacturers. On occasion, a door may be supplied from an alternative manufacturer to the one advertised on the website.
5.5 The Seller cannot guarantee that tiles and wallpaper will be supplied from the same batch when ordered on separate occasions. Sizes and shades may vary between batches due to the nature of the manufacturing process and we always advise checking the tones when matching products from different batches.
5.6 During the manufacture of tiles, machines are calibrated and a tolerance of +/- 8mm can be expected. For this reason we always advise checking the calibre of the tile when matching tiles from different batches.
6.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
7.1 Goods supplied within the UK will normally be delivered within 2 working days of acceptance of order, with the exception of doors and certain special order wallpapers which may take up to ten days.
7.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.4 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7.6 Please note, due to a large number of breakages, single, large format tiles now have to be shipped on a pallet.
8. Cancellation & Return
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. No goods can be returned after installation.
8.2 A restocking charge of 25% of the cost of returned will be levied against Buyers invoice when goods are returned which have been correctly supplied by the Seller undamaged. The seller retains the right to charge the same amount for the uplift of correctly supplied goods that are undamaged as was charged for delivery.
8.3 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller email within 7 working days of receipt of the Goods.
8.5 Goods must be returned by the Buyer and the Buyer must cover the cost. The goods should be adequately insured and packaged during the return journey. The Buyer will receive a refund of all monies paid for the Goods within 30 days of cancellation. However, if the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.6 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.7 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
9.3 Limitation of Liability
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
11. Force Majeure
12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13. Changes to Terms & Conditions
14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
14. Governing Law & Jurisdiction
(Errors and omissions excepted)
16.1 Brand new, identical products
16.2 In stock items which are currently available to purchase from the competitor
16.3 Competitor's current price (excluding sale items)
16.4 Price and availability must be verifiable
16.5 Products, not delivery charges or other services
16.6 Cannot be used in addition to any other offer
16.7 We cannot price match to competitors retailing from temporary premises or from outside the UK
16.8 We cannot match prices from auction sites or marketplaces
16. Price Match Guarantee - Terms & Conditions
17.1 Spend £250 or more and GET 5% OFF
17.2 Spend £500 or more and GET 10% OFF
17.3 Spend £750 or more and GET 15% OFF
17.4 Applies only to Tiles and Doors - excludes other offers
17.5 Available in store and online.
17 Customer Discount
GDPR Statement 25th May 2018
18.1 To ensure that we are compliant with the new GDPR (General Data Protection Regulation) laws we are taking steps to make sure that all the data we hold about individuals is appropriate and correct. If you are a previous customer we store the following information:
Your telephone number and possibly your mobile number
Your email address
Details of your order(s)
In the future we will only send news, updates and offers to interested subscribers.
If you wish to register your interest please email us at firstname.lastname@example.org and we will add you to our mailing list.
If you wish to be removed from our database, please email us at email@example.com and we will remove your details.
18 GDPR (General Data Protection Regulation)
1. Information we collect
To fulfil your order, you must provide us with certain information, such as your name, email address, postal address, telephone number, payment information, and the details of the product(s) that you’re ordering.
2. Why we need your information and how we use it
We rely on a number of legal bases to collect, use, and share your information, including:
- as needed to provide our services, such as when we use your information to fulfil your order, to settle disputes, or to provide customer support;
- when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for our mailing list;
- if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
- as necessary for the purpose of our legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as providing and improving our services. We use your information to provide the services you requested and in our legitimate interest to improve our services.
3. Information Sharing and Disclosure
We do not and will not sell your personal information to any third party for marketing purposes. Because information about our customers is important to our business, we share your personal information for very limited reasons and in limited circumstances, as follows:
- Service providers. We engage certain trusted third parties to perform functions and provide services to our business, such as payment processing and delivery companies. We will share your personal information with these third parties, but only to the extent necessary to perform these services.
- Business transfers. If we sell or merge our business, we may disclose your information as part of that transaction, only to the extent permitted by law.
- Compliance with laws. We may collect, use, retain, and share your information if we have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce our agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our customers, or others.
4. Data Retention
5. Transfers of Personal Information Outside the EU
We may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, we may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If we are deemed to transfer information about you outside of the EU, we undertake to protect your transferred data and privacy in accordance with relevant legislation.
6. Your Rights
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below:
- Access. You may have the right to access and receive a copy of the personal information we hold about you by contacting us using the contact information below.
- Change, restrict, delete. You may also have rights to change, restrict our use of, or delete your personal information. Absent exceptional circumstances (like where we are required to store data for legal reasons) we will generally delete your personal information upon request.
- Object. You can object to (i) our processing of some of your information based on our legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them. In such cases, we will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
- Complain. If you reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
How to Contact Us:
For purposes of EU data protection law, the data controller of your personal information is EG Everton Glass
If you have any questions or concerns, you may contact us at firstname.lastname@example.org
Alternatively, you may contact us by mail at: Orrell Mount, Hawthorne Road, Bootle L20 6NS
Please be sure to check you Spam folder if you are expecting a response from us and remember to add us into your contacts to avoid spam filters! Thank you