Terms and Conditions
Terms and Conditions of sale at Skyline Roofing Centres
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2. Basis of the sale
3. Order Process
7. Delivery Charges
9. Risk and Ownership
10. Warranties and Representations
11. Limitations and Exclusions of Liability
12. Cancellation of Order
13. Refund on Cancellation
14. Cancellation by the Seller
15. Insolvency and Breach of Contract of Buyer
16. Third Party Rights
20. Governing Law and Jurisdiction
21. Privacy Statement
In these Conditions:
1. “Buyer” means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.
2. “Goods” mean the goods which the Seller is to supply in accordance with these Conditions.
3. “Seller” means Skyline Roofing Centres and/or Skyline Roofing Centres Limited and/or Skyline Roofing Centres (LB) Limited and/or Skyline Roofing (Bedford) Limited and/or Skyline Solar Ltd whose registered office is at Unit 73, Waterside Trading Centre, Trumpers Way, Hanwell, London, W7 2QA.
4. “Conditions” mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Buyer and a Director of the Seller.
5. “Contract” means the contract for the purchase and sale of the Goods.
6. “Writing” includes telex, email, facsimile transmission and comparable means of communication.
2. Basis of the sale
These Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document. Any variation of these Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer. The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods, which are not confirmed in this way.
3. Order process
All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order. No Order shall be deemed accepted by the Seller unless and until the Seller in Writing confirms it unconditionally. The Buyer is able to correct errors on their order up to the point on which they click on “submit” during the ordering process. Any literature published or submitted by the Seller to the Buyer, which contains any descriptions, specifications, drawings or prices of the Goods is published or submitted for guidance only. The Seller reserves the right to make minor modifications in the design and specification of the Goods without notice to the Buyer, but agrees to notify the Buyer of any major or material modifications which the Buyer shall be deemed to have accepted unless notification to the contrary is received by the Seller within 7 days.
By their nature, natural products vary in texture, grain and colour. While all reasonable efforts will be made by the Seller to ensure that all the Goods supplied incorporating natural products will correspond as closely as possible to samples or displays previously inspected by the Buyer (and to each other), the Seller gives no warranty in regard to an exact match of colour and texture.
The Buyer will pay the Price together with an amount equal to VAT chargeable on the sale of the Goods. Wherever it is not possible for the Seller to accept an order to buy Goods of the specification and description at the price indicated on the website, the Seller will advise the Buyer of the changed Price (the “New Price”) and will state the period for which the price remains valid. The Buyer will be obliged to take delivery of the Goods at the New Price unless the Buyer advises the Seller within the stated valid period of time that they will not pay the New Price. In this case the Seller will be under no obligation to deliver the Goods to the Buyer.
The Seller will charge the Buyer credit or debit card for payment upon receipt of their order unless delivery cannot be fulfilled within 30 days. The Seller accepts no liability if a delivery is delayed because the Buyer did not give the seller the correct payment details. If it is not possible to obtain full payment for the goods from the Buyer credit or debit card then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries to the Buyer.
7. Delivery charges
Delivery charges vary according to the type of goods ordered and cannot be refunded. Delivery charges are for deliveries to mainland England. Deliveries are available to other areas; rates on request.
The place for delivery of the Goods will be agreed between the Seller and the Buyer and shown on the Order Confirmation. If no place for delivery is so shown, the Seller may deliver the Goods by either: (a) notifying the Buyer that the Goods are ready for collection from premises nominated by the Seller (“the Seller’s premises); or (b) tendering the Goods at any address agreed between the Seller and the Buyer. In the case of delivery in accordance with Condition (a), the Buyer will load the Goods when the Goods are collected from the Seller’s premises and the Buyer will be liable for any damage to the Goods or losses occurring during loading. In the case of delivery in accordance with Condition (b), the Goods will be, or deemed to be, unloaded by the Buyer and the Buyer will be liable for any damage to the Goods or losses occurring during unloading. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. The Buyer or, where relevant, the person to whom delivery is made in accordance with the above Condition (b), must inspect the Goods on delivery and sign the required proof of delivery document or collection acceptance document. A signature on that document or Goods signed for “Unchecked” will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage and in no circumstances will the Seller accept a return of Goods or any other liability in regard to apparent defect or damage where such Goods have previously been installed by or on behalf of the Buyer. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in Writing at the time of delivery and signed by or on behalf of the Buyer or, where relevant, the person to whom delivery is made in accordance with the above Condition (b). The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments. If the Buyer have left instructions for the Goods to be left in their absence any damages must be notified to the Seller within 24 hours of delivery enclosing, wherever possible, evidence of the damage. The Buyer will become the owner of the Goods they have ordered when delivered to them. Once the Goods have been delivered they will be held at the Buyer’s own risk and the Seller will not be liable for the loss or destruction of the Goods. If the Buyer fails to take delivery of the Goods then, in addition to any other right or remedy available to the Seller, the Seller may do either or both of the following; (c) store the Goods until actual delivery and charge the Buyer for the cost (including insurance) of storage, together with any other reasonable incidental costs; (d) sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Buyer for any shortfall below the Price. The Buyer must advise the Seller in Writing of any alteration, cancellation or deferral of delivery and the Seller reserves the right to make a charge, whether the Goods have been taken into stock or not. Goods must not be returned to the Seller except by prior arrangement confirmed in Writing by the Seller. In addition to the right of the Seller contained in above Conditions (c), in the event the Buyer requests a delay in delivery of the Goods, which request is made less than 14 days prior to the agreed date for delivery, the Seller reserves the right to charge and the Buyer shall pay the full delivery cost of the Goods on the delayed date.
9. Risk and Ownership
Title in the Goods shall not pass to the Buyer until the price of the Goods and every other sum due from the Buyer to the Seller (whether under the Contract or otherwise) has been paid in full and until such payment, the Seller shall be entitled to enter the Buyer’s premises to recover the Goods.
Until Property in the Goods passes to the Buyer, the Buyer shall store the Goods separately from any other goods and identify them as belonging to the Seller. Risk of damage to or loss of the Goods shall pass to the Buyer: In the case of Goods to be delivered at the Seller’s premises where the Seller is responsible for loading, at the moment of loading at the delivery point on the Seller’s premises onto the vehicle which the Buyer, its employees, agents or sub-contractors collect the Goods; or in the case of Goods to be delivered otherwise than at the Seller’s premises where the Seller is responsible for unloading, at the moment of completion of unloading from the Seller’s or Carrier’s vehicle at the delivery point identified by the Buyer in accordance with these Conditions; In the case of Goods to be delivered otherwise than at the Seller’s premises where the Seller is not responsible for unloading at the moment of arrival of the Seller’s or the Seller’s Carriers vehicle at the delivery point identified by the Buyer in accordance with these Conditions.
10. Warranties and representations
Goods are supplied by the Seller subject to manufacturers guarantee or warranty for which the Seller does not accept any liability or claim which results as a direct defect of the product. Save as otherwise provided by the other conditions of the Seller the following are implied in the Contract.
11. Limitations and exclusions of liability
The Seller will not be liable for short delivery or to defective Goods unless a claim is notified to the Seller in Writing in accordance with the above Condition within 7 days of delivery. The Seller will not be liable for defective Goods unless a claim is notified to the Seller in Writing in accordance with above Condition within 7 days of the Buyer becoming aware of the defect and in any event, within 6 months of delivery. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. Nothing under this Condition shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller’s negligence. Except as provided in the above Condition, the Seller will not be liable to the Buyer for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Goods or their use or resale by the Buyer.
12. Cancellation of order
The Buyer shall have the right to cancel any Order for Goods made directly through this website in the following circumstances: (e) for any reason, within 14 working days beginning with the day after the Buyer receives the Goods. (f) in the case of faulty or defective Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and further provided that the fault or defect is not minor or trivial or one which is capable of rectification, and has been so rectified, by the Seller at the Sellers cost). Notice of the wish to cancel must be made by any one of the following means: by leaving it at or posting it to the above address of the Seller shown below; by sending in Writing to the above address. Notices of cancellation must be received within 7-day period. After the 7-day period we reserve the right to charge a Restocking Fee in addition to carriage return costs mentioned above. All items must be returned along with their original packaging and with sufficient protection to avoid damage occurring in transit. Goods must be sent by secure carrier and signed for. Please do not stick any labels on nor write directly on any product packaging.
13. Refund on cancellation
In the case of cancellation under condition (e) above, the Seller reserves the right to deduct from any credit due to the Buyer (or to charge the Buyer, at the case may be) a sum equal to the normal delivery charge applicable to the Goods in regard to re-delivery of the product(s) to the Seller. Other than that, the Seller shall refund to the Buyer all sums paid (including initial delivery charges (if any) in respect of the Goods in question. In the case of cancellation under condition (f) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Goods in question. Note: Save in respect of faulty or defective goods, nothing in these internet sales terms shall give to the Buyer rights of cancellation in regard to Goods made to the Buyer’s specifications or clearly personalised or which have been installed by or on behalf of the Buyer or which by their nature cannot be returned or are liable to deteriorate or change.
14. Cancellation by the Seller
The Seller reserve the right to cancel the contract if: The Seller have insufficient stock to deliver the goods the Buyer have ordered; The Seller do not deliver to the Buyer area; or One or more of the goods the Buyer ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by the Seller from their suppliers. If the Seller do cancel the contract they will notify the Buyer in Writing and will re-credit to the Buyer account any sum deducted by them from the Buyer credit card as soon as possible but in any event within 30 days of the Buyer’s order.
15. Insolvency and Breach of contract of buyer This Condition applies if the Buyer commits any breach of the Contract or of any other contract between the Buyer and the Seller or between the Buyer and any company within the same group of companies of which the Seller is a member; or the Buyer has a bankruptcy order made against them or makes any voluntary arrangement or composition with their creditors or otherwise takes the benefit of any statute for the time being in force for the relief of insolvent debtors (or being a company or body corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of a reconstruction or amalgamation, or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or an encumbrancer takes possession or a manager, administrator, receiver or administrative receiver is appointed over any of the property, undertaking or assets of the Buyer (or part thereof); or the Buyer ceases or threatens to cease to carry on business; or if any distraint, lien, hypothec, execution (whether legal or equitable) or other process is levied or enforced on any property of the Buyer and is not paid out, withdrawn or discharged within 21 days; or the Buyer is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986: or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. If this Condition applies then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the Goods have been delivered but not paid for the price shall become immediately due and payable despite any previous agreement or arrangement to the contrary.
16. Third party rights Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
17. Notice Unless otherwise expressly stated in these Conditions, all notices from the Buyer to the Seller must be in writing and sent by registered post to their above address and all notices from the Seller to the Buyer will be displayed on the website from time to time.
18. Changes The Seller reserve the right to change or remove (temporarily or permanently) the Website or any part of it without notice and the Buyer confirm that the Seller not be liable for any such change or removal; and change these Conditions at any time, and the Buyer continued use of the Website following any changes shall be deemed to be the Buyer acceptance of such change.
If any part of these Conditions is unenforceable (including any provision in which the Seller exclude their liability to the Buyer) the enforceability of any other part of these Conditions will not be affected.
20. Governing law and jurisdiction
The Contract shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes, which may arise in connection with the Contract.
21. Privacy statement
The Seller are committed to protecting the privacy of anyone using their site and the confidentiality of any information that the Buyer provide them with. The purpose of this statement is to set out how the Seller use any personal information that they may obtain from the Buyer. Data Protection Act 1988: The Seller are registered under the Data Protection Act and comply with the Act in all their dealings with the Buyer personal data. The Buyer have the right to see personal data (as defined under the Data Protection Act) that the Seller keep about them upon receipt of a written request and payment of a fee of £10. Any request should be sent to the Seller above address. Security: The Seller endeavor to take all reasonable steps to protect the Buyer personal information. However, the Seller cannot guarantee the security of any data that the Buyer disclose online and the Seller will not be responsible for any breach of security unless this is due to their negligence or willful default.