Terms & Conditions

1.1 - What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2 - 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.

1.3 - 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 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).
• Who is a business customer:
  • Purchaser using the Roofing Megastore Trade account or purchaser billing address is a Company name and payment has been made via the Company accounts or credit card.
  • Purchase items are being delivered to the billing company address or clients address of which the purchaser is carrying out work on behalf of the client.
  • 1.4 - 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

2.1 - Who we are. We are Roofing Megastore Limited a company registered in England and Wales. Our company registration number is 07784484 and our registered office is at First Floor Copthall House, 1 New Road, Stourbridge, West Midlands, DY8 1PH. Our registered VAT number is 260057824.

2.2 - How to contact us. You can contact us by telephoning our customer service team at 01295 565565 or by writing to us at [email protected] or Roofing Megastore, Kingfisher House, Unit 17 Overthorpe Road, Banbury, Oxfordshire, OX16 4SX.

2.3 - 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.

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

3.1 - How we will accept your order. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm receipt of your order by sending an email to you at the email address you provide in your order form. We will send you a subsequent e-mail once we have started processing your order. Our acceptance of your order begins at this point ("Your order is now being processed") and brings into existence a legally binding contract between us.

3.2 - If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, 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.

3.3 - 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.

4.1 - Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

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

4.3 - Making sure your measurements and quantities are accurate. If we are making the product to measurements, you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. We inform you at the bottom of the product description if the item is custom made for you and this will also appear on your order confirmation. All custom made items are non-returnable/refundable as they have been manufactured to your specific requirements.

4.4 - Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change

5.1 - Minor changes to the products. We may change the product:

• 5.1.1 - to reflect changes in relevant laws and regulatory requirements.
• 5.1.2 - to implement minor technical adjustments and improvements, for example to address a security threat.

6.1 - Please click the following link for delivery information: Delivery information

6.2 - When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or when items have been left in your nominated safe place or with your nominated receiver of goods. Any delivery issues, such as damage or missing items must be reported to us within 2 working days (Monday to Friday).

6.3 - When you own goods. You own a product which is goods once we have received payment in full.

6.4 - Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

• 6.4.1 - Deal with technical problems or make minor technical changes.
• 6.4.2 - Update the product to reflect changes in relevant laws and regulatory requirements.
• 6.4.3 - Make changes to the product as requested by you or notified by us to you (see clause 6).
• 6.4.4 - Deal with supply issues due to sourcing of materials to manufacture item.

6.5 - Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 12 weeks in any 12 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 13 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.1 - Please refer to our Refund, Returns and Cancellation Policy at the following link: Refund, Returns and Cancellation Policy

8.1 - Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.

8.2 - We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

8.3 - 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

8.4 - Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

8.5 - Any return or cancelation processed, in accordance with our returns policy, on an order that has been price matched or price reduced, the refunded amount will be as a e-voucher, which you need to use within 28 days of receiving.

8.6 - Payment terms: We will charge your credit or debit card for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your credit or debit card then we have the right to cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.

8.7 - 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).

8.8 - 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.

9.1 - 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.

9.2 - 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.

9.3 - We are not liable for business losses. If you are a consumer we only supply the products for to you 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.

10.1 - Nothing in these terms shall limit or exclude our liability for:

• 10.1.1 - Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable).
• 10.1.2 - fraud or fraudulent misrepresentation.
• 10.1.3 - 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.
• 10.1.4 - Defective products under the Consumer Protection Act 1987.
• 10.1.5 - Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

10.2 - Except to the extent expressly stated in clause 13.1 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.

10.3 Subject to clause 16.1:

• 10.3.1 - 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.

We will only use your personal information as set out in our Privacy Policy.

12.1 - We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12.2 - 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. However, if you are a consumer you may transfer any guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

12.3 - 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, except as explained in clause 13.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

12.4 - 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.

12.5 - 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 chase you but we continue to provide the products, we can still require you to make the payment at a later date.

12.6 - 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.

12.7 - 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.