Terms & Conditions

TERMS OF USE

Fenestration Warehouse is a service provided for advertisers and purchases.  We do not own, scrutinize or provide any information of the goods advertised on our website, and we cannot confirm the accuracy of the advertisements or their content.  

Advertisers are solely responsible for the content and images of their advertised item and we have absolutely no involvement in the sales process or transaction, and we make no claims as to the quality, safety or legality of any of the item advertised. It is the sole responsibility of the Advertiser to be eligible to sell the item and the sole responsibility of the purchaser to pay for the item.

Please read these terms of use carefully before you start to use the site. By using or accessing our site, you indicate that you accept these terms of use and our privacy policy and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis for the duration of your subscription. We reserve the right to temporarily suspend the web service without notice to carry out repairs, maintenance or improvements. We will endeavour to keep these periods to an absolute minimum and to off-peak hours where possible, however, we will not be liable if the site is unavailable at any time or for any period.

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The information contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. All sales may be subject to alteration or cancellation at short notice and items advertised for sale may, under certain circumstances, be withdrawn. Therefore, we advise you to verify any information seen on the Fenestration Warehouse with the selling agent prior to acting upon it. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law; we exclude all liability for loss or damages direct or indirect arising from use of this site.

CLAIMS
Any contract for the item for sale listed on our site is directly between an Advertiser and a Purchaser and we are not a party to that contract.

In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Advertiser on our site must be brought directly against that Advertiser and not against us.

We may provide an online payment platform, giving you the ability to make online payments to Advertisers via PayPal, credit card, debit card or other payment options. We may change or withdraw such platform at any time without notice in our sole discretion.

Although we may provide the technical platform to enable such payments, we are not responsible for the payment solutions themselves and we still are not a party to the contract between you and the Advertiser. In particular, we are not responsible for any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or that transaction. You shall not hold us liable for any losses you suffer as a result of making an online payment to an Advertiser. If you need customer support in relation to an online payment, you should contact PayPal or your bank or credit card provider (as applicable).

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our online payment platform to make payments to Advertisers, in particular any claims from Advertisers, PayPal or other payment solution providers resulting from your actions or omissions.

THE AGREEMENT

“Agreement” is between Fenestration Warehouse and any person, individual, corporation, association, agency, company, or other entity that accesses or uses Fenestration Warehouse (“you”). Fenestration Warehouse is a World Wide Web site on the Internet that is designed to allow Users to post adverts and/or to view adverts posted by other Users or interact with those other Users. Fenestration Warehouse is owned and operated by Propaganda Publishing. Fenestration Warehouse contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of Fenestration Warehouse that can be modified by Users, such as posting adverts, and uploading files.

USER RIGHTS AND RESPONSIBILITIES

1.1 Access to and use of Fenestration Warehouse.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access and/or use Fenestration Warehouse, and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing Fenestration Warehouse

1.2 User Conduct.
You agree to access and use Fenestration Warehouse only for lawful purposes. You are solely responsible for ensuring you know of and adhere to all laws, statutes, rules and regulations, pertaining to (i) your access and/or use of Fenestration Warehouse, including any Interactive Area, (ii) the use of any networks or other services connected to Fenestration Warehouse, and (iii) the communications means by which you connect your modem, computer, or other equipment to Fenestration Warehouse. By accessing and/or using Fenestration Warehouse, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying any of the Fenestration Warehouse features (including but not limited to the Interactive Features);
(2) access and/or use Fenestration Warehouse to post or transmit or in any way at all publish any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) access and/or use Fenestration Warehouse to post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) access and/or use Fenestration Warehouse to post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access and/or use Fenestration Warehouse
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) the authors of material on our site, must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining prior written authority from us. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR LIABILITY

We act merely as an advertising service through which Advertisers can advertise items to purchasers. We do not own nor have we inspected nor do we have any control whatsoever over any item listed on our site and we make no representations or warranties regarding any of the items.

While we require Advertisers to advertise items truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a purchaser or another Advertiser, we have no control over the accuracy of any advertisement.

As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from:

  • any reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Advertisers, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with and listed on our site;
  • the act or omission of the Advertiser or any failure of the Advertiser to perform or comply with any of the terms of the contract between the Advertiser and you, including a failure to provide the item on the requested date, or a failure to provide the item in the condition or with the amenities that such item was advertised on our site.

If we are in breach of these terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site up to the value of the fees (if any) that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) as a result of our breach of contract or negligence or otherwise.

This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.

The material displayed on our site is provided in good faith but without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time;
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

VIRUSES, HACKING AND OTHER OFFENCES

You must not use the site to send or receive any material which is defamatory, racist, offensive, abusive, indecent, obscene, menacing or in breach of confidence, copyright or any other legal rights. You must not misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. You may not create a link to this website from another website or document without Propaganda Publishing’s prior written consent. By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

TERMINATION

The only right with respect to dissatisfaction with any policies, guidelines, or practices of Fenestration Warehouse in operating Fenestration Warehouse, or any change in Content, is for you to discontinue accessing Fenestration Warehouse. Fenestration Warehouse may terminate or temporarily suspend your access to all or any part of Fenestration Warehouse, without notice, for conduct that Fenestration Warehouse believes is a violation of this agreement or any policies or guidelines posted by Fenestration Warehouse, or for other conduct which Fenestration Warehouse believes, in its sole discretion, is harmful to Fenestration Warehouse or other Users. Fenestration Warehouse may discontinue operating, and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access and/or use this site, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from Fenestration Warehouse, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

LINKS FROM OUR SITE

Our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their 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.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS 

If you have any concerns about material which appears on our site, please email info@fenestrationwarehouse.co.uk
Thank you for visiting our site.