Terms and Conditions

1. These terms

What do these terms cover? These are the terms and conditions on which we supply products to you. The terms and conditions are updated continuously and are valid for all purchases made at Klar. Last update: 08.04.2022.
Why you should read them? Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Are you a business customer or a consumer? In some areas, you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:

• You are an individual.

• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers or businesses only are stated so in the following paragraphs.

• If you are a business customer this is our entire agreement with you.
  If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Information about us and how to contact us

• Who we are. We are Klarwindows Ltd a company registered and established in England and Wales. Our company registration number is 12164419 and our registered office is at 90 High Street, Newmarket, Suffolk, CB8 8FE, our registered VAT number is 336 3456 00.

• How to contact us. You can contact us by telephoning our customer service team.

• How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

• "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

• How we will accept your order. All products are bespoke items and components as well as materials are purchased especially for each order. Therefore, Klarwindows' standard payment terms are based on prepayment. As a buyer, you, therefore, pay upon ordering. When Klarwindows registers the payment information of the Buyer, then the appropriate amount is captured from the Buyer. The order is then confirmed and production will commence.

• Pay with a bank transfer. When opting for the bank transfer option, the Buyer needs to transfer the complete amount of the purchase within 48 hours of placing the order. This is necessary for the order to be confirmed. If the payment is not made in full within 48 hours, Klar Windows Ltd. will cancel the order and production of the goods will not be commenced. Please contact a customer service representative if you have any questions related to the payment process.

For domestic transfers:

Account holder: KLAR WINDOWS LIMITED
Sort code: 23-14-70
Account number: 59381049
Bank: Wise
Bank address: 56 Shoreditch High Street, London, E1 6JJ, United Kingdom

For international transfers:

Account holder: KLAR WINDOWS LIMITED
IBAN: GB34 TRWI 2314 7059 3810 49
SWIFT: TRWIGB2L
Bank: Wise
Bank address: 56 Shoreditch High Street, London, E1 6JJ, United Kingdom

• Pay in instalments. This is done with PayPal Pay in 3, which allows you to divide the cost of your purchase over 3 equal payments. This method is available for orders over GBP 30 and under GBP 2000. The payment will be done automatically by PayPal from the payment card that you have entered at the checkout. Your first instalment is collected at the point of purchase. While the second and third instalment is scheduled 30 and 60 days after the date when your order was placed. PayPal will give you a reminder 3 days before each instalment is collected. Find more information on our payment terms here.

• If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

• Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

• We only sell to the UK. This website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders or deal with any foreign inquiries from addresses outside the UK via this website.

• Customer service complaints. Any remediation of complaints and redirecting materials and loose parts can also only take place in the UK

4. Our products

• Products may vary slightly from their pictures. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions, and measurements indicated on our website may vary from your order. We reserve the right to a tolerance variation level of a maximum of 2mm. This means that you accept that there may be instances where the specifications in the order confirmation may vary by up to the 2mm tolerance level to the final product received.

• Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

• Make sure your measurements are accurate. As we are making the product to the measurements you have given us, you are solely responsible for ensuring that these measurements are accurate and correct. You can find information and tips on how to measure on our website or by contacting us.

5. Your rights to make changes

• Any orders that are made from custom measurements can NOT be changed after ordering. 

• Cancellation: Free within the first 24 hours 

• You can always cancel your order within the first 24 hours after you have placed your order. After this, our production starts. If you want to cancel your order after the first 24 hours, it will cost 50% of the order value in the first 7 days after placing your order. After 7 days the order will be in our system and cannot be refunded.    

6. Our rights to make changes

• Minor changes to the products. We may change the product:
  - to reflect changes in relevant laws and regulatory requirements; and
  - to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the product

• If you order products from us on varying dates, we cannot guarantee for the reasons set out in clause 6.1, that any secondary products ordered will be exactly the same as the initial product order, whether or not the measurements provided by you to us are the same.

• It is our strict approach that orders are unable to be changed. It can be cancelled for free within the first 24 hours of placing your order and for a fee of 50% of the order value, it can be cancelled until 7 days after placing your order. After 7 days you cannot get a refund. 

• After we have started production of your order 24 hours after the purchase, the order cannot be changed.

7. Providing the products

• Delivery costs. The costs of delivery will be as displayed to you on our website.

• Currently, we do not deliver to Northern Ireland and the islands.

• When we will provide the products. During the order process, we will let you know when we will provide the products to you.

• We will deliver the products to you as soon as reasonably possible and in any event, we aim to deliver within 4-7 weeks. Please be aware that the delivery week is an expected delivery week. Once your order is ready to be shipped, then you will receive the date of arrival of your order in the UK. Our transport partner will send you an email with the final delivery date up to 3 working days later

• Delivery is considered to be on time if the delivery takes place within 4 weeks of the expected delivery date indicated in the order confirmation. We therefore strongly recommend that you do not order a tradesman/installer until you have received final confirmation of your exact delivery date. The products are made to specific measurements and therefore the delivery time indicated in the order confirmation is always indicative only.

• Time is not of the essence in terms of delivery and we shall not be liable for any loss or damage caused by late delivery or by non-delivery.

• We may, at our discretion, make instalment deliveries, where each delivery shall constitute a separate order for the purpose of payment.

• We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

• If you are not at the delivery address when the product is delivered. If no one is available at the address to take delivery we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

• Deliveries are kerbside as standard. It may be possible to move the order on to property driveway if possible but does depend on if the driver is able to access the property with the pallet lifter. 

• If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.

• If you fail to act in accordance with the clauses above, and the delivery has still not been accepted, we reserve the right to cancel the contract with you, and attempt to re-sell the products at the best price readily available and (after deducting all reasonable costs for storage, selling and associated expenses), account to you for the excess over the price of the order or charge you for any shortfall below the price of the order.

• When you become responsible for the products. The products will be your responsibility from the time we deliver the products to the address you gave us or you collect it from a local depot.

• You shall have sole responsibility for unloading all deliveries of the products unless agreed elsewhere in writing between us.

• When you own the products. You own the products once we have received payment in full.

• What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you and it is important that all sections of the order form are completed on our website when placing your order. If you do not give us all the information at the time of placing your order, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

• Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  - deal with technical problems or make minor technical changes;
  - update the product to reflect changes in relevant laws and regulatory requirements;
  - make changes to the product as requested by you or notified by us to you (see clause 6).

• Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending the supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 months in any 6 month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months and we will refund any sums you have paid in advance for the product.

8. Your right to end the contract

• Consumers have the ability to obtain refunds through existing debit card protection (such as Visa chargeback) and credit card protections (such as under section 75 of the Consumer Credit Act 1974).

• You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing when you decide to end the contract, and whether you are a consumer or business customer:

  • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

  • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;

• Ending the contract because of something we have done or are going to do. If you are ending a contract for any of the reasons set out below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
  - we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  - there is a risk that the supply of the products may be significantly delayed because of events outside our control;
  - we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
  - you have a legal right to end the contract because of something we have done wrong.

• Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
  All products are bespoke products and made-to-measure to your requirements. As such, they fall into the category of tailor-made products under the Consumer Contracts Regulations 2013 and you will not, therefore, be able to cancel your order for any product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described. Notwithstanding the clause above, we will accept the cancellation of the Buyers order once placed with a full refund if the cancellation request is sent to Klarwindows within 24 hours of the purchase. As long as your notice of cancellation is received within 7 calendar days after the purchase, then the buyer shall receive 50% of the total order value. After 7 days the Buyer will not receive any refund. The only method of cancellation is by email to ensure traceability. Your notice of cancellation will be deemed to have been served on and will take effect from the day it is given to us, and any related credit agreement will automatically be cancelled with effect from that date.
  

9. How to end the contract with us (including if you are a consumer who has changed their mind)

• Tell us you want to end the contract. To end the contract with us in accordance with clause 8, please let us know by doing one of the following:
  - Online. Complete the form on our website or contact our customer service team whose details you can find here.

• How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

• When your refund will be made. We will make any refunds due to you within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

• We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  - you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
  - you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
  - you do not, within a reasonable time, allow us to deliver the products to you or collect them from a local depot;

• You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

• We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products that will not be provided.

11. If there is a problem with the product

• How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team or write to us. Read more here.

• Our products are delivered and sold only to the UK. Therefore, any remediation of complaints and redirect materials and loose parts can also only take place in the UK.

12. Your rights in respect of defective products if you are a consumer

• If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights relating to defective or faulty goods provided by us. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

13. Your rights in respect of defective products if you are a business

• If you are a business customer we warrant that on delivery and depending on the products purchased, for a period as detailed on our website at (warranty period), any products shall:
  - conform with their description and any relevant specification;
  - be free from material defects in design, material, and workmanship;
  - be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  - be fit for any purpose held out by us.

• Subject to clause 3, if:
  - you give us notice in writing upon delivery or within 48 hours of delivery  that a product does not comply with the warranty set out in clause 1;
  - photographs of the damage must be taken off the protective packaging and damaged products prior to them being removed from any pallet;
  - photographs of the damage must be taken of the underside protective packaging and damaged products immediately after being removed from any pallet;
  - we are given a reasonable opportunity of examining such a product; and
  - you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

• We will not be liable for a product's failure to comply with the warranty in clause 1 if:
  - you make any further use of such product after giving a notice in accordance with clause 2.1;
  - the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practices;
  - the defect arises as a result of us following any drawing, design, or specification supplied by the Customer;
  - you alter or repair the product without our written consent;
  - the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
  - you do not comply with clause 5.

• Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1.

• In respect of any products which are subject to a claim by you, the products must for 7 days from the date of the claim, be preserved intact and made available for inspection by us.

• These terms shall apply to any repaired or replacement products supplied by us under clause 2.

14.  Price and payment

• Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 4 for what happens if we discover an error in the price of the product you order.

• All quotations are valid for a period of 60 days. If you have still not placed the order within that period of time, we reserve the right to re-quote and the previous quotation will be invalid.

• The price takes into account any discount, rebate or offers we offer at the time of the order confirmation being received. You will not be entitled to any reduction in price if we make any promotional offers on products after the date of the order confirmation.

• NB! During campaign periods that include a fixed web discount, it is not possible to make use of personal discount codes when ordering. Therefore personal discount codes can only be used outside of campaign periods.

• What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

• When you must pay and how you must pay.

  When you pay with BACS, debit card or credit card, the whole amount will be withdrawn from your account when ordering. We will keep you informed about the status of your order, including your invoice and updates about delivery throughout the process via email.

  Your order won’t be registered unless we have received your payment information and captured the amount. It is a requirement that the Buyer consents to payment when ordering, and the Buyer must agree to the terms and conditions that point to that Klarwindows will debit the money for my order immediately. I.e. that an advance payment is made. This is necessary to set the order in motion and to order the materials for your custom order. 

  If the Buyer opts for the PayPal Pay in 3 option, then the Buyer must agree to pay a third of the total order value upon ordering. Whereafter the Buyer is obligated to pay the remaining two equal parts for the following two months. Therefore, the first instalment is collected at the point of purchase. While the second and third instalment is scheduled 30 and 60 days after the date when the order was placed. PayPal will provide the Buyer with a reminder 3 days before each instalment is collected.

  When you pay with a bank transfer, the full amount of the order value is required to be sent within 48 hours of placing the order. When we receive the payment on your order, then we will keep you informed about the status of your order, including your invoice and updates about delivery throughout the process via email. If we do not receive the payment within that timeframe, then the order will be cancelled. This is necessary to set the order in motion and to order the materials for your custom order.  

• Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).

• We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

• What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

15. Our responsibility for loss or damage suffered by you if you are a consumer

• We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

• We are not liable for business losses. If you are a consumer we only supply the products for domestic and private use. If you use the products for any commercial, business, or re-sale purpose our liability to you will be limited as set out in clause 16.

16. Our responsibility for loss or damage suffered by you if you are a business

• Nothing in these terms shall limit or exclude our liability for:
  - death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable);
  - fraud or fraudulent misrepresentation;
  - breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  - defective products under the Consumer Protection Act 1987; or
  - any matter in respect of which it would be unlawful for us to exclude or restrict liability.

• Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

• Subject to clause 1:
  - we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  - our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
  

17.  How we may use your personal information

How we will use your personal information. We will only use your personal information as set out in our datapolicy.

18. Other important terms

• We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

• You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

• Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms

• Brexit In the event that the UK ceases to be a member state of the European Union (Brexit) and arising out of Brexit, if we incur customs, handling, or other border control that may cause a delay to our performance under our contract with you, we reserve the right to extend the time for performance by an identical number of calendar days without any liability on our part. Additionally, if, as a result of Brexit, we incur any increased costs (such as customs duties, import VAT, and other charges or duties) in regard to our performance under our contract with you, we shall have the right to increase its prices for the products covered by the contract by an amount equal to such increased costs. We will inform you as soon as we become aware of the likelihood of any delay or increased costs. You hereby agree that we shall not be liable to you or be deemed to be in breach of this Contract by reason of any delay in performance or increased costs due to Brexit.

• Overlap with other rights and obligations. Save as expressly provided in clause 4, Brexit shall not terminate or alter (or give either of us a right to terminate or alter) this contract, or invalidate any of its terms or discharge or excuse performance under it. If there are any inconsistencies between the provisions of this clause and any other provision of these terms, the provisions of this clause shall prevail.

• If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

• Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not charge you but we continue to provide the products, we can still require you to make the payment at a later date.

• Which laws apply to this contract and where you may bring legal proceedings if you are a consumer? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

• Which laws apply to this contract and where you may bring legal proceedings if you are a business? If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.