In these terms and conditions references to:
(a) “Bespoke” means Products which are manufactured by a contractor (for the avoidance of doubt, this is not the Company) solely for the Buyer according to the Buyer’s specifications;
(b) “Buyer” means the consumer or business customer;
(c) “Off the shelf” means Products that are not manufactured by a contractor (for the avoidance of doubt, this is not the Company) solely for the Buyer;
(d) “us”, “we” and the “Company” means Rooflights & Glazing (UK) Limited (a company incorporated in England and Wales with registered number 05694006 and having its registered office situate at and known as A2 Patrick Tobin Business Park, Bolton Road, Wath upon Dearne, Rotherham, S63 7LL; and references to “our” shall be construed accordingly; and
(e) “you” and “user” means any user of the web site www.rooflightsandglazing.co.uk whether as a guest or a registered user or a Buyer; and references to “your” shall be construed accordingly.
This page (together with the documents referred to on it) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website www.rooflightsandglazing.co.uk (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”), to the exclusion of all other terms and conditions. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 9.2. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the 11th June 2020 when we updated all the clauses.
1. OTHER APPLICABLE TERMS
These Terms refer to and include the following additional terms (which shall be deemed to be incorporated as if they were fully set out in these Terms), which also apply to your use of our site:
2. INFORMATION ABOUT US
2.1 We operate the site www.rooflightsandglazing.co.uk. Our Registered Office address is A2 Patrick Tobin Business Park, Bolton Road, Wath upon Dearne, Rotherham, S63 7LL, and our VAT number is 880 5126 27. Our email address is firstname.lastname@example.org
2.2 To contact us, please see our contact page.
3. SERVICE AVAILABILITY
3.1 We do not accept orders (placed online) from addresses outside the UK Mainland (i.e. England and Wales) unless in accordance with clause 12.3.
3.2 If you wish to place an order from an address outside this geographical region please contact us by telephone and we will consider this and discuss this with you.
4. OUR PRODUCTS
4.1 The product information and photographs contained within our site are provided for descriptive purposes only and we cannot warrant that they are accurate. Your Product may vary slightly from those images. If you are in any doubt as to the precise nature of the product you wish to order, you are advised to confirm the details with our office.
4.2 The packaging of the Products may vary from that shown in images on our site.
4.3 Any orders that are manufactured to your confirmed measurement sizes are your responsibility (for the avoidance of doubt, all sizes for Products should be provided in metric measurements and if imperial sizes are provided we shall translate them to the nearest metric equivalents measured to the nearest millimetres). We cannot accept the return of any Products for the reason that the measurements you provided are incorrect. You are advised to read our ordering guides for help or to contact our office.
4.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available in accordance with clauses 8.4 and 8.5.
5. GENERAL DATA PROTECTION REGULATION (GDPR 2018)
6. IF YOU ARE A CONSUMER
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and are legally capable of entering into binding contracts.
7. IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies if you are a business.
7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 After you place an order, you will receive an e-mail (or a letter if you have not provided us with an e-mail address) from us acknowledging that we have received your order (“Order Acknowledgement”). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.2.
8.2 We will confirm our acceptance to you by sending you an e-mail (or a letter if you have not provided us with an e-mail address) that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract (“Contract”) between us and you will only be formed when we send you the Dispatch Confirmation.
8.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
8.4 If we are unable to supply you with a Product, for example because that Product is no longer available, because we have identified an error in the price or description of the Product or because we are unable to meet an estimated delivery deadline (as estimated on our website or referred to in our quotations), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8.5 Before issuing a Dispatch Confirmation to you, if we are unable to supply you with a Product because that Product is not in stock we will inform you of this by e-mail and you can either confirm that you are happy for the order to be placed on back order (and we will continue to process your order) or you can cancel your order (and we will refund you the full amount as soon as possible if you have already paid for the Products).
9. OUR RIGHT TO VARY THESE TERMS
9.1 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
9.2 Whenever we revise these Terms we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
10. AVAILABILITY AND DELIVERY
10.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, and in any event with 30 calendar days after the day on which we accept your order. If we are unable to meet the estimated delivery date we will contact you to agree a revised estimated delivery date.
10.2 Any dates quoted for delivery are approximate only and the time of delivery is not of the essence.
10.3 In respect of Bespoke Products only, if the relevant manufacturer provides factory drawings that need to be approved by you, then the manufacture period and estimated delivery date will increase by the time you take to approve such factory drawings.
10.4 We shall not be liable for non-delivery of a Product unless written notice is given to us within 72 hours of when the Product should have been received. We shall then investigate the matter to determine whether the non-delivery is due to a failure of the courier or you (in which case we shall not be liable for non-delivery of the relevant Products).
10.5 All deliveries will take place Monday to Friday 8 am to 6 pm, unless otherwise agreed.
10.6 Delivery will be completed when we deliver the Products to the address you gave us (for the avoidance of doubt, this will be at the point at which you or you representatives have unloaded the Products from the delivery vehicle).
10.7 If no one is available at your address to take delivery, please contact the courier to rearrange delivery. You will be liable for any failed delivery charges we incur. If 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 and we reserve the right to not rearrange the delivery).
10.8 You will be responsible for handling and unloading the Products (for the avoidance of doubt, this means that you will make all necessary and appropriate arrangements and pay all associated costs in respect of the Products being removed from the delivery vehicle including but not limited to hiring any lifting equipment and closing the highway where necessary) at the address you provided to us, and we will not be responsible for damage to any of the Products that arise as a result of mishandling (including broken, cracked or shattered glass in relation to relevant Products). You will be asked to sign a delivery note at the point at which the Products are ready for unloading by you at the address you gave us, and signature of such delivery note will constitute acceptance of the Products and confirmation that any relevant Products do not contain broken, cracked or shattered glass and confirmation that any relevant Products are not otherwise damaged) (“Acceptance of Condition”).
10.9 We reserve the right to make a charge to you for storing all or part of the Products if you request that the estimated delivery or collection date of the Products is delayed by more than 7 days from the estimated delivery date set out in the Dispatch Confirmation.
10.10 If you confirm to us that the Products cannot be collected or you cannot accept delivery of the Products within 7 days of the estimated delivery date set out in the Dispatch Confirmation (or you do not accept delivery or collect the Products) we may (at our sole discretion) store the Products either at our premises or in external storage away from our premises until the time of actual delivery and you shall pay the costs of such external storage and any additional handling and transport costs. You acknowledge and accept that we have limited storage capacity at our premises and therefore we may be unable to store the Products at our premises in which case we reserve full rights to arrange for the Products to be stored with an external storage provider and such costs will be payable by you in accordance with this clause 10.9. This clause 10.9 shall not affect any other rights we may have to deal with any Products which you fail to take delivery of or fail to collect.
11. RISK AND TITLE
11.1 The risk in the Products shall pass to you on completion of delivery to the address you gave us (for the avoidance of doubt, this will be at the point at which you have unloaded the Products from the delivery vehicle).
11.2 Title to the Products shall not pass to you until we have received payment in full (in cash or cleared funds) for the Products and any applicable delivery charges.
11.3 Until title to the Products has passed to you, you shall:
11.3.1 hold the Products on a fiduciary basis as our bailee;
11.3.2 store the Products separately from all other Products held by you so that they remain readily identifiable as our property;
11.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
11.3.4 maintain the Products in a satisfactory condition and keep them insured against all risk for their full price from the date of delivery;
11.3.5 notify us immediately if you become subject to any insolvency event; and
11.3.6 give us such information relating to the Products as we may require from time to time, but you may resell or use the Products in the ordinary course of your business.
11.4 If before title to the Products passes to you, you become subject to any insolvency event, or we reasonably believe that any such event is about to happen and notify you accordingly (or if any monies are due and payable from you to us for more than 30 days), then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any premises of yours or of any third party where the Products are stored in order to recover them and you agree to indemnify us in full in respect of any loss we suffer as a result of entering into your premises (or any third party’s premises) pursuant to this condition.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.6 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
12.3 The price of a Product includes delivery charges to the UK mainland (i.e. England and Wales) as standard (as long as the order is over £120.00 including VAT). However certain areas of England and Wales may be charged a surcharge for delivery at the checkout stage (on certain products). Customers wishing to purchase products to be delivered into Scotland will need to speak to our office to confirm a possible delivery charge. Please refer to our Delivery Policy page at https://www.rooflightsandglazing.co.uk/delivery.html.
12.4 We reserve the right to amend that policy if we feel that the delivery is out of the ordinary and will create unusual logistical problems. A delivery surcharge will be added but you will be informed at the point of order giving you an opportunity to cancel.
12.5 For deliveries outside the UK mainland (i.e. Scottish Islands, Isle of Man, Isle of Wight, Channel Islands and other English and Welsh Islands) additional carriage charges will apply. Alternatively, we can deliver to a UK mainland carrier for further shipment, at your own cost from there. We reserve the right to decline your enquiry/order if we feel that logistics will be potentially prombelmatic in relation to a particular Product. We do not deliver to any other areas except the UK mainland and those locations outside the UK mainland as set out in this clause 12.5.
12.6 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing or by telephone to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 In the event that you wish to pay for Products via Sage Pay, this must be done online or over the telephone.
13.2 You can also pay for Products via bank transfer or cheque. Please note that these payments will need to clear the banking system before any Products are dispatched (Off the shelf Products) or manufactured (Bespoke Products).
13.3 Payment for the Products and all applicable delivery charges must be made in advance of dispatch of the Products (for the avoidance of doubt, payment for Bespoke Products must be made by you before we instruct the relevant manufacturer to commence manufacture of such Bespoke Products).
13.4 Monthly accounts will only be offered after you have made Pro Forma invoice payments for a certain period and once references have been received and an account has been confirmed to you in writing.
14. OUR REFUNDS POLICY
14.1 If you return a Product to us:
14.1.1 for any reason permitted by these conditions (in relation to Off the shelf Products only) (for instance, if you consider that the Off the shelf Product is defective or damaged, subject to the Acceptance of Condition set out in clause 8.4), you will be required to provide photographic evidence and if we do choose to repair or replace the Product because we agree that it is defective or damaged we will notify you of your refund via e-mail within a reasonable period of time (although, for the avoidance of any doubt, confirmation of your refund may depend on any enquiries we make with the carrier or manufacturer). We will usually process the refund due to you as soon as possible and, in any case, within 21 days of the day in which either the Product is returned to us or we have confirmed your refund in writing (whichever is earlier). We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us; or
14.1.2 for any other reason (in relation to Contracts for Off the shelf Products only) provided that we agree to accept such return and provided that a minimum of 50% of the original invoice value is being returned. We have the right to refuse returned products but if a return is approved we will refund the price of a Product in full but we would charge you a restocking fee of 50%.
14.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase (for the avoidance of doubt, in the case of bank transfer we will require written confirmation from you that the bank account details we hold are correct, failing which we reserve the right to alternatively issue you with a cheque or credit note).
14.3 Bespoke Products are non-returnable. They will be replaced or repaired but only if the Product is manufactured to the wrong specification, size or deemed to be faulty by the manufacturer or supplier. The specification and measurements are those confirmed by you at the time of order. No replacements or repairs will take place if you ordered incorrectly.
14.4 No returns will be considered after 21 days from receipt of the Product.
14.5 You must insure all Products with the returning courier in case of loss or damage and we shall not be responsible for damage to Products as a result of the actions of the returning courier and shall reserve the right to refuse such return under this clause 14.
15. CONSUMER RIGHTS
This clause 15 only applies if you are a consumer.
15.1 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 and when you decide to end the Contract:
15.1.1If what you have bought is faulty (subject to Acceptance of Condition) or miss-described 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 15.6;
15.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 15.2; or
15.1.3 If you have just changed your mind about the product, clause 15.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
15.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 15.2.1 to 15.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
15.2.1 we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
15.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
15.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
15.2.4 you have a legal right to end the contract because of something we have done wrong.
15.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 calendar days (unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you receive the last delivery to change your mind about the Products) and receive in full a refund for the Products. These rights, under the Consumer Contracts Regulations 2013, set out that you have a 14 calendar day period to change your mind but that you must pay costs of and arrange return (and insurance in respect of such return by a third party carrier).
15.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Bespoke Products.
15.6 We are under a legal duty to supply products that are in conformity with this Contract. If you wish to exercise your rights to reject products under clause 15.3 you must either return them in person to us or post them back to us.
16. HOW TO END A CONTRACT WITH US
This clause 16 only applies if you are a consumer.
16.1 Tell us you want to end the Contract. To end the contract with us, please let us know by doing one of the following:
16.1.1 Phone or email. Call customer services on 0114 408 1000 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
16.1.2 Online. Complete the form on our site.
16.1.3 By post. Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
16.2 Returning products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us (for the avoidance of doubt, you can only return Off the Shelf Products only). You must post them back to us to an agreed address and we will confirm to you, in writing, where they should be returned to. Please call customer services on 0114 408 1000 or email us at firstname.lastname@example.org. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the Contract.
16.3 When we will pay the costs of return. We will pay the costs of return:
16.3.1 if the Products are faulty or misdescribed (and for the avoidance of doubt, in the case of faulty products we reserve the right to replace rather than repair such Products);
16.3.2 if you are ending the Contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind as a consumer) you must pay the costs of and arrange the return.
16.4 What we charge for collection. If you are responsible for the costs of return (i.e. all cases save for the circumstances set out in clauses 16.3.1 and 16.3.2) and we are collecting the Products from you, we will charge you the direct cost to us of collection.
16.5 How we will refund you. We will refund any amounts due to you by the method you used for payment (in the case of a bank transfer we require written confirmation from you that the bank account details we hold are correct). Alternatively we may issue you with a cheque or credit note provided you expressly agree. We will make any refunds due to you as soon as possible.
17. MANUFACTURER GUARANTEES
17.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee which we will provide upon request. For the avoidance of doubt, we do not give any warranties, assurances, representations or undertakings in relation to the Products.
17.2 The quality of any glass Products (excluding polycabonate) supplied by a manufacturer shall be inspected and deemed by the manufacturer acceptable in accordance with the ‘Quality of Vision – Double Glazing’ document published by the Glass and Glazing Federation and their own quality standards. Copies of the aforementioned documents are available by request from the relevant manufacturer’s Head Office.
17.3 You confirm that the Products are supplied on the basis that they are not required for any special purpose other than the usual purpose for Goods and you have full knowledge of the nature and properties of the Products and any hazards they involved and installation requirements. Furthermore, it is your responsibility to ensure that the Products are appropriate for your own application and that its use complies with all national and local legislation, building regulations, standards, codes of practice ad any other requirement.
17.4 Products are supplied on the basis that they shall be used in normal conditions appropriate for such goods and shall be properly maintained (and without exception, shall be used and maintained in accordance with the provisions of the Operating and Maintenance Manual which we can supply to you on request.
18. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
This clause 18 only applies if you are a business customer.
18.1 Subject to clause 18.2 and clause 18.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
18.2 Nothing in these Terms limit or exclude our liability for:
18.2.1 death or personal injury caused by our negligence;
18.2.2 fraud or fraudulent misrepresentation; or
18.2.3 defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
18.3.1 any loss of profits, sales, business, or revenue;
18.3.2 loss or corruption of data, information or software;
18.3.3 loss of business opportunity;
18.3.4 loss of anticipated savings;
18.3.5 loss of goodwill; or
18.3.6 any indirect or consequential loss.
18.4 We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for: (i) ensuring that the Products are suitable for your purposes (for the avoidance of doubt, this includes compliance with any building regulations or any other control regulations which you accept responsibility for); or (ii) ensuring that the Products do not include nickel sulphide (a component which we are unable to detect in our Products).
18.5 Unless otherwise agreed, we only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes (and, for the avoidance of doubt, we shall not be liable to you in respect of the resale of our Products by you).
18.6 We shall not be liable to you for damage to the Products that arises as a result of any third party carrier’s handling of the Products. We shall not be liable for any indirect or consequential losses (e,g. extra labour, equipment or delays in a project etc.) that arise as a result of any third party’s delivery (including late delivery) of the Products.
19. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 19 only applies if you are a consumer.
19.1 If we fail to comply with these Terms (subject to clause 19.3), we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it is contemplated by you and us at the time we entered into the Contract between you and us was formed.
19.2 We do not in any way exclude or limit our liability for:
19.2.1 death or personal injury caused by our negligence;
19.2.2 fraud or fraudulent misrepresentation; or
19.2.3 breach of your legal rights in relation to the Products;
19.2.4 defective products under the Consumer Protection Act 1987.
19.3 We are not liable for your business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for: (i) any loss of profits, sales, business or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
19.4 We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for: (i) ensuring that the Products are suitable for your purposes (for the avoidance of doubt, this includes compliance with any building regulations or any other control regulations which you accept responsibility for); or (ii) ensuring that the Products do not include nickel sulphide (a component which we are unable to detect in our Products).
19.5 We shall not be liable to you for damage to the Products that arises as a result of any third party carrier’s handling of the Products. We shall not be liable for any indirect or consequential losses (e,g. extra labour, equipment or delays in a project etc.) that arise as a result of any third party’s delivery (including late delivery) of the Products.
20. EVENTS OUTSIDE OUR CONTROL
This clause 20.1 only applies if you are a consumer.
20.1 We are not responsible for delays outside our control. If your supply of 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 (e.g. there is an event outside our control that lasts for more than 30 calendar days) you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
This clause 20.2 only applies if you are a business customer.
20.2 We shall not be liable for any failure or delay in performing our obligations under the Contract to the extent that such failure or delay is caused by an event outside our control.
21. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we sent to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
23. THIRD PARTY RIGHTS
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
26. LAW AND JURISDICTION
26.1 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
26.2 If you are a business customer, please note these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
27 ENTIRE AGREEMENT
These Terms and any documents expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Rooflights & Glazing (UK) Limited which is not set out in these Terms or any document expressly referred to in them.