Garolla Holdings Ltd t/a Garolla – Consumer Terms and Conditions
You can find information about our business (Garolla Holdings Ltd t/a Garolla) and our Products on our website www.garolla.co.uk or from our sales staff before you order. We also confirm key information to you before and after you order, either in person, over the telephone or by email.
DEFINITIONS
The below terms are defined as follows:
Deposit: means a sum equal to twenty-five per cent (25%) of the total Order value, forming part of the payment price due in respect of the Order.
Installation Services: means the service of installing the Products into your garage.
Labour Warranty Period: means as defined in clause 13.2 of these terms and conditions.
Order: means a legally binding contract between you as the customer and us as Garolla for the supply of the Products and Installation Services.
Outstanding Balance: means a sum equal to the total value of the Order minus the Deposit.
Products: the garage door and any additional parts for your Garolla garage door.
Product Parts Warranty Period: means as defined in clause 13.1 of these terms and conditions.
Property means the property where the Installation Services are to take place.
When you purchase Products and Installation Services from us, you are agreeing to the following terms and conditions:
1. ENTERING INTO A LEGALLY BINDING CONTRACT
1.1 Prior to us entering into a contract with you, one of our sales staff will visit the Property to conduct a survey of your garage.
1.2 To purchase the Products and Installation Services, you will need to place an Order with us. You can do this in one of two ways, either:
(a) signing the quotation provided by our sales staff immediately following the survey at the Property either on paper or digitally on the electronic tablet used by our sales staff; or
(b) confirming agreement to our quotation with us at a later date either verbally, via WhatsApp, SMS, or email.
1.3 We will follow up with email acceptance of your Order.
1.4 When you place an Order, we require you to make payment of a Deposit in accordance with clause 6.1 of these terms and conditions.
1.5 Before you place an Order, please read these terms and conditions. If you have any questions concerning these terms and conditions, please contact our Customer Service Team on 0800 955 8017 or via our website at https://garolla.co.uk/contact.
1.6 You should keep a copy of these terms and conditions for your records.
1.7 Quotes obtained through a Garolla engineer are valid for 30 days from the date that quote is given. We reserve the right to provide a new quote if an order falls outside of this 30 day period.
1.8 Dependant on geographical location, your contract of purchase may be directly with one of Garolla’s franchise partners. In these circumstances, the Deposit amount noted in clause 6.1 will not be applicable.
2. PRODUCTS
2.1 Information on all our Products is available on our website: www.garolla.co.uk.
2.2 Once you have placed your Order and we have received payment of the Deposit we will start to manufacture the Products. It will not be possible for you to cancel or change your Order as the bespoke, custom-made nature of the Products means it is not possible for us to sell the Product on to a third party.
2.3 In the event you no longer want to continue with your Order, it is your sole discretion whether or not to take delivery of the goods however we reserve the right to charge you the full value of the Order.
2.4 The Products will be in accordance with statutory requirements, be of satisfactory quality, meet any description concerning them and be fit for normal purposes.
3. INSTALLATION SERVICES
3.1 Our aim is to always provide you with the Installation Services:
(a) using reasonable care and skill; and
(b) in compliance with relevant legislation and regulations in force at the time we are carrying out the Installation Services.
3.2 To enable us to perform the Installation Services, you must comply with your Pre-Installation Obligations under clause 11 of these terms and conditions.
4. TIMING
4.1 Our responsibility to fulfil your Order by particular dates.
(a) We aim to carry out the delivery of the Products and Installation Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
(i) we will start performing the Installation Services by a specified date or time; or
(ii) we will complete the performance of all the Installation Services by any specified date or time;
(iii) the performance of any individual part of the Installation Services will be completed by a specified date or time; or
(iv) the Products will be delivered at the times or dates specified.
5. OWNERSHIP
5.1 You will become responsible for the Products once we have delivered and completed the Installation Services.
5.2 The Products will belong to you once we have received payment in full (including the Deposit and the Outstanding Balance each as defined below). In the event full payment is not received, Garolla reserve the right to prohibit the use of the Product by rendering the door inoperable or at its sole discretion remove the door in its entirety.
5.3 Until you become the owner of the Products you shall:
(a) hold the Products and each item of them on our behalf;
(b) upon our request, and where you have defaulted on your payment obligations, deliver up the Products (and if you fail to do so, then we may enter upon the Property owned, occupied or controlled by you where the Products are situated and repossess the Products).
We reserve the right to bring legal action against you if you fail to fully comply with your payment obligations in clause 6 of these terms and conditions.
6. PAYMENT
6.1 Deposit. We will require you to pay the Deposit when you place an Order with us. The Deposit will be collected electronically via a third-party payment provider authorised by us. We will only begin to manufacture the Products and agree a date for completion of the Installation Services once you have paid the Deposit. For the avoidance of doubt, Deposits are non-refundable. By making the Deposit payment, you consent to us securely tokenising your card details through the third-party provider. Tokenisation means your card details will be converted into a secure digital token, which can be used to process future payments without storing your actual card details.
6.2 Outstanding Balance. We will use the tokenised card details to collect the Outstanding Balance electronically on completion of the Installation Services. Please note that any minor remedial work as set out in one definitive list of snags and defects will be carried out as soon as possible after we have delivered the Products and completed the Installation Services. This will not defer collection of the Outstanding Balance.
6.3 Alternative Payment Methods. On completion of the Installation Services, you may elect to use an alternative payment method instead of the tokenised card details. If you chose an alternative method, payment of the Outstanding Balance must be made on completion of the Installation Services and such method must either be by credit or debit card, BACS transfer, digital wallets (Apple Pay, Android, PayPal) or by using the payment facility provided by Garolla. Cash and cheque are not accepted payment methods.
6.4 If:
(a) collection of the Outstanding Balance in accordance with clause 6.2 of these terms and conditions fails due to there being insufficient funds in the account associated with the tokenised card used to pay the Deposit or the account having since been closed; or
(b) you fail to pay the Outstanding Balance by an alternative payment method in accordance with clause 6.3 of these terms and conditions,
we shall be entitled to charge interest in accordance with clause 7 of these terms and conditions and recover our reasonable administrative and legal costs incurred in pursuing the Outstanding Balance. Nothing in this clause affects your statutory rights, including the right to withhold payment for Products or Installation Services not supplied with reasonable care and skill or in accordance with these terms and conditions.
7. WE CHARGE INTEREST ON LATE PAYMENTS
7.1 If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 12% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
8. WE PASS ON INCREASES IN VAT
8.1 If the rate of VAT changes between your order date and the date we supply the Products and complete the Installation Services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
9. WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
9.1 If our supply of the Products or completion of the Installation Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team on 0800 955 8017 or via our website at https://garolla.co.uk/contact to end the contract and receive a refund for any Products you have paid for in advance, but not received.
10. PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES
10.1 The true colour of a Product may not exactly match that shown on a digital screen or in print marketing literature. Because our Products are handmade, all sizes, weights, capacities, and measurements indicated on our website can be out by up to 2% and dimensions may vary by +/- 5mm but in any event such variances will not impact the functionality of the Products.
11. YOUR PRE-INSTALLATION OBLIGATIONS
11.1 To enable us to provide the Products and Installation Services, you must first ensure that:
(a) the site of installation of the Products at the Property and all means of access to it are clear and safe;
(b) there is a suitable electric socket within 1.8 metres of the space in which the garage door is to be installed that can be utilised permanently to provide power to the garage door;
(c) there is a clear minimum 1 metre radius around the entrance to the garage door to enable the fitting process to be completed safely;
(d) the floor at the opening of the garage is level;
(e) there is a parking space provided in the space in which the garage door is to be installed;
(f) there is a responsible adult at your property on the communicated date of installation;
(g) there are no obstructions above or to the side of the garage opening; and
(h) there is a responsible adult available with authority to make payment of the Outstanding Balance.
11.2 If you fail or delay to comply with your obligations in this clause 11 of these terms and conditions resulting in Garolla not being able to complete the Installation Services, then we in our discretion are entitled to defer such delivery and installation date until you are able to comply with these obligations and to apply a charge of £200 to cover our costs for rescheduling a new date for the Installation Services. Garolla also reserve the right to apply a £200 charge if you reschedule the planned installation within 5 working days of the communicated date of installation.
11.3 If you require planning permission or listed building consents, you must obtain these in writing prior to us commencing the Installation Services. We will not be responsible for any damage or loss to you caused by your failure to obtain such consents.
11.4 Our Access Rights. You authorise and permit all our representatives, and/or sub-contractors, and/or third-party installers to have full and free access to the Property at mutually agreed times so that we/they can carry out or arrange to be carried out such surveys and/or works as we or they consider reasonably necessary.
12. WE MAY CHARGE YOU IF YOU DON'T GIVE US INFORMATION WE NEED OR FAIL TO COMPLY WITH YOUR OBLIGATIONS UNDER CLAUSE 11
12.1 We may charge you additional sums if you don't give us information we've asked for about how we can access your Property to deliver Products, or to provide Installation Services or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver the Products and reschedule Installation Services.
13. WARRANTIES
13.1 Product Parts Warranty. We warrant that the Product parts shall both conform with the specification set out in the quotation and be free from defects in materials and workmanship under normal use for a period of 5 years from the date of delivery and installation (Product Parts Warranty Period). If the Product fails to comply with this warranty during the Product Warranty Period, we shall, at our discretion and expense, repair or replace the defective part or Product, or provide a refund of the purchase price.
13.2 Labour Warranty. We warrant that our labour costs associated with the repair or replacement of the defective part of Product under the Product Warranty at clause 13.1 of these terms and conditions shall be of no additional cost to you for a period of 2 years from the date of delivery and installation (Labour Warranty Period). After the expiration of the Labour Warranty Period, you shall be responsible for all labour costs incurred by us in repairing or replacing the defective part of Product for the remaining 3 years of the Product Warranty Period.
13.3 These warranties do not apply to defects or damage arising from:
(a) normal wear and tear or deterioration;
(b) misuse, abuse, neglect or failure to follow maintenance instructions;
(c) modification or repair by any person not authorised by us;
(d) the failure of or defects in third-party equipment or materials that are not supplied or installed by us; and
(e) damage caused by environmental or external factors including but not limited to accidents, fire or flooding.
14. YOUR RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
14.1 If you think there is something wrong with your Product, you must contact our Customer Service Team on 0800 955 8017 or via our website at https://garolla.co.uk/contact. We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law.
15. YOUR RIGHTS IF WE CANNOT FULFIL YOUR ORDER
15.1 If we are unable to fulfil your order, we will inform you of this in writing and will not charge you for the service. This might be because the items are out of stock, 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 Products, because we are unable to meet a delivery deadline you have specified, be due to an adverse survey, inability to secure planning permission, the Property being a listed building or other restrictions.
16. OUR RIGHT TO CHANGE PRODUCTS AND THESE TERMS
16.1 We can always change a Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to make minor technical adjustments and improvements. If these changes affect the use of the Product, we will explain this to you at the time of making the change.
17. WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)
17.1 We can suspend the supply of a Product. We do this to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Product (see clause 16.1 of these terms and conditions).
17.2 We will try to let you know, may adjust the price and may allow you to terminate. We will contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency.
18. WE CAN END OUR CONTRACT WITH YOU
18.1 We can end our contract with you and claim any compensation due to us (including enforcement costs) if:
(a) you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due (including where your payment is unsuccessful and remains outstanding);
(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to deliver or install the Product, for example, cooperating with us to allow us access to install the Products and provide the Installation Services, or you fail within a reasonable period of time to comply with your pre-installation obligations under clause 11 of these terms and conditions.
19. WHAT WE ARE NOT RESPONSIBLE FOR
19.1 We're not responsible for losses you suffer caused by us breaking this contract if the loss is:
(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
(b) Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 9 of these terms and conditions, we are not responsible for delays outside our control.
(c) Avoidable. Something you could have avoided by taking reasonable action. For example, your failure to report a fault or issue with the Products or Installation Services within a reasonable amount of time to allow us to remedy the fault or issue.
(d) A risk was already advised. We identified a risk to the Property at the survey or subsequently, advised you of the risk and you asked us to proceed to provide the Products and Installation Services in any event, e.g. old or brittle brickwork or facing that could be at risk in the installation process.
(e) Due to an Imperfection not visible in clear light from 1m.
(f) Losses outside the contract including loss of earnings or holiday and loss caused by theft or damage caused by yourself or a third party.
19.2 We will make good any damage to the Property caused by us whilst providing the Installation Services, however we are not responsible for the cost of repairing any pre-existing faults or damage to the Property that we discover while providing the Installation Services.
19.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
20.1 How we use any personal data you give us is set out in our Privacy Notice: https://garolla.co.uk/privacy-policy
20.2 By signing these Terms and Conditions you agree for us to hold your data and contact you in the future regarding additional promotions, products and services.
21. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
21.1 Our complaints policy. Our Customer Service Team on 0800 955 8017 or via our website at https://garolla.co.uk/contact will do their best to resolve any problems you have with us or our products as per our complaints policy.
21.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We can enter into mediation in good faith to settle any dispute in the first instance. If you're not satisfied with the outcome you can still go to court (in accordance with clause 21.3 of these terms and conditions).
21.3 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
22. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
22.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team: on 0800 955 8017 or via our website at https://garolla.co.uk/contact to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
22.2 You can only transfer your contract with us to someone else if we agree to this (for instance, where you sell the Property). You can transfer our warranty to a new owner of the Product. We can require the new owner to prove you transferred the Product to them, for example by providing evidence of the sale of the Property.
22.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it (except in accordance with clause 22.2 of these terms and conditions) and neither of us will need to ask anybody else to sign-off on ending or changing it.
22.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
22.6 These terms and conditions prevail. These terms and conditions shall apply to all contracts for the design, sale and supply of the Products and the Installation Services provided by us to the exclusion of all other terms and conditions.
22.7 Variation. Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless we agree to the changes in writing.