Terms
and Conditions
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE
PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS
AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all
goods supplied by UKheat.com.
1.2 No contract exists between you
and UKheat.com for the sale of any goods until UKheat.com
has received and accepted your order and UKheat.com
has received payment in full (in cleared funds). Once
UKheat.com does so, there is a binding legal contract
between us.
1.3 By way of clarification, an acknowledgement
of your order will be sent to you via e-mail when you
place your order, but acceptance of your offer to buy
the goods will not take place until after your payment
is taken and you receive your acceptance e-mail. It
is at this point that a binding legal contract is created
and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your
right of cancellation (see below).
1.5 UKheat.com may change these terms
of sale without notice to you in relation to future
sales.
2. Description and price of the goods
2.1 The description and price of the
goods you order will be as shown on UKheat.com at the
time you place your order.
2.2 The goods are subject to availability.
If on receipt of your order the goods you have ordered
are not available in stock, UKheat.com will inform you
as soon as possible and refund or re-credit you for
any sum that has been paid by you or debited from your
credit card for the goods.
2.3 Every effort is made to ensure
that prices shown on UKheat.com are accurate at the
time you place your order. If an error is found, UKheat.com
will inform you as soon as possible and offer you the
option of reconfirming your order at the correct price,
or cancelling your order. If UKheat.com does not receive
an order confirmation within 14 days of informing you
of the error, the order will be cancelled automatically.
If you cancel the order, or if the order is cancelled
automatically due to the expiry of the 14-day period,
UKheat.com will refund or re-credit you for any sum
that has been paid by you or debited from your credit
card for the goods.
2.4 In addition to the price, you may
be required to pay a delivery charge for the goods.
2.5 Free delivery is offered on all
orders to the UK mainland over one hundred pounds.
A delivery charge of ten pounds will be added to orders
under one hundred pounds.
3. Payment
3.1 Payment for the goods can be made
by any method shown on UKheat.com at the time you place
your order. Payment shall be due before the delivery
date and time for payment shall be a fundamental term
of this agreement, breach of which shall entitle UKheat.com
to terminate the contract immediately.
3.2 There will be no delivery until
cleared funds are received.
3.3 Payments shall be made by you without
any deduction whatsoever unless you have a valid court
order requiring an amount equal to such deduction to
be paid by UKheat.com to you.
4. Delivery
4.1 The goods you order will be delivered
to the address you give when you place your order.
4.2 If delivery cannot be made to your
address for reasons under UKheat.com control, UKheat.com
will inform you as soon as possible and refund or re-credit
you for any sum that has been paid by you or debited.
4.3 If you fail to take delivery because
you have cancelled your contract under the Distance
Selling Regulations, UKheat.com shall refund or re-credit
you within 30 days for any sum that has been paid by
you or debited from your credit card for the goods.
On exercising your right to cancel you shall be required
to return the goods to UKheat.com. Should you fail to
return the goods, UKheat.com reserves the right to deduct
any direct costs incurred by UKheat.com in retrieving
the goods as a result of such failure.
4.4 Every effort will be made to deliver
the goods as soon as possible after your order has been
accepted. However, UKheat.com will not be liable for
any loss or damage suffered by you through reasonable
or unavoidable delay in delivery. In this case, UKheat.com
will inform you as soon as possible.
4.5 Upon receipt of your order you
will be asked to sign for the goods received in good
condition. If the package does not appear to be in good
condition then please refuse the delivery. If you are
unable to check the contents of your delivery at the
point of delivery then please sign for the parcel as
UNCHECKED . Failure to do so may affect any warranty
claims that you make thereafter.
5. Risk/Title
5.1 The goods are at your risk from
the time of delivery.
5.2 Ownership of the goods shall not
pass to you until UKheat.com has received in full (cleared
funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which
become due to UKheat.com from you on any account.
5.3 UKheat.com shall be entitled to
recover payment for the goods even though ownership
of any of the goods has not passed from UKheat.com.
6. Your right of cancellation
6.1 You have the right to cancel the
contract at any time up to the end of 7 working days
after you receive the goods (see below).
6.2 To exercise your right of cancellation,
you must give written notice to UKheat.com by hand,
post or email, giving details of the goods ordered and
(where appropriate) their delivery. Notification by
phone is not sufficient.
6.3 Except in the case of faulty or
misdescribed goods, if you exercise your right of cancellation
after the goods have been delivered to you, you will
be responsible for returning the goods to UKheat.com
at your own cost. The goods must be returned to an address
specified by us unopened and in the condition in which
they were received or else it may affect your right
of cancellation. You must take reasonable care to ensure
the goods are not damaged in the meantime or in transit.
In the case of faulty or misdescribed goods we shall,
after receiving notification in accordance with clause
8.3 or 8.4, either
collect the goods from you or ask you to return the
goods yourself and refund you the reasonable postage
costs.
6.4 Once you have notified UKheat.com
that you are cancelling the contract, UKheat.com will
refund or re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card
for the goods.
6.5 Except in the case of faulty or
misdescribed goods, if you do not return the goods as
required, UKheat.com may charge you a sum not exceeding
the direct costs of recovering the goods.
7. Warranty
7.1 All goods supplied by UKheat.com
come with a manufacturer’s, one year, free from
defects warranty from the date of supply (unless otherwise
stated). This warranty does not affect your statutory
rights as a consumer.
7.2 This warranty does not apply to
any defect in the goods arising from fair wear and tear,
wilful damage, accident, negligence by you or any third
party, use otherwise than as recommended by UKheat.com
and the manufacturer, failure to follow manufacturers
instructions, or any alteration or repair carried out
without the manufacturer’s approval.
7.3 If the goods supplied to you are
damaged on delivery, you should notify UKheat.com in
writing via the e-mail address found on the 'contact
us' page within 24 hours.
7.4 If the goods supplied to you develop
a defect while under warranty or you have any other
complaint about the goods, you should notify UKheat.com
in writing via the e-mail address found on the 'contact
us' page, as soon as possible, but in any event within
24hours of the date you discovered or ought to have
discovered the damage, defect or complaint.
8. Limitation of Liability
8.1 If you are a consumer, UKheat.com
shall not be liable to you for any loss or damage in
circumstances where:
8.1.1 there is no breach of a legal
duty owed to you by UKheat.com or by its employees or
agents;
8.1.2 such loss or damage is not a
reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage
resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes
or limits the liability of UKheat.com for death or personal
injury caused by UKheat.com negligence or fraudulent
misrepresentation.
8.3 Ukheat.com shall not be liable
for any cost incurred by the customer due to goods not
arriving in time, if tradesmen have been booked in advance.
9. Data Protection
9.1 UKheat.com will take all reasonable
precautions to keep the details of your order and payment
secure but unless UKheat.com is negligent, UKheat.com
will not be liable for unauthorised access to information
supplied by you.
10. Images
10.1 Product images are for illustrative
purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will
be subject to English law and the English courts will
have jurisdiction in respect of any dispute arising
from the contract, save that consumers resident in Scotland
shall have the right to insist upon these terms being
construed in accordance with the laws of Scotland and
to submit to the jurisdiction of Scottish courts.
|