Terms of service
NON-TRADE TERMS & CONDITIONS OF SALE AND SUPPLY
These terms and conditions apply only if you are purchasing goods or services from one of our branches (whether in-branch or online) as a consumer (i.e., for purposes outside your business, craft or profession). If you are purchasing goods from one of our branches (whether in-branch or online) for trade purposes (i.e., for purposes inside your trade, business, craft or profession), our trade terms and conditions of sale and supply apply to such purchases. Those trade terms and conditions can be accessed on our website or by requesting a copy from us or one of our branches.
1.1 Who we are. We are Oceanair (UK) Ltd (we, us, our), a company registered in England and Wales under company number 04278661. Our registered office is C/O M.K.M Building Supplies Ltd, Stoneferry Road, Hull, HU8 8DE . Our VAT number is GB 772736893. We are a specialist distributor of air conditioning and heating products.
1.2 Placing an order and the branch you contract with. You can place an order in one of our branches, by contacting one of our branches via the contact details on our website, or online via our website at oceanairuk.com. The branch you select to place your order with is who your contract for the supply of the goods ordered by you is formed with (the Selected Branch).
1.3 What these terms cover and additional terms. These terms (together with the Privacy Policy (please see clause 21.2) are the terms and conditions on which your Selected Branch supply any goods to you. Additional terms may add to, or replace some of, these Terms (the Additional Terms). They may apply to certain purchases and/or promotions entered into with your Selected Branch.
1.4 Why these Terms are important. These Terms tell you who we and our branches are, how your Selected Branch will provide goods to you, how and when the contract is formed between you and your Selected Branch, what to do if there is a problem and other important information. Please read these Terms carefully before you place an order or otherwise enter any contract with your Selected Branch. By submitting an order or otherwise entering a contract with your Selected Branch, you agree to be legally bound by these Terms.
1.5 Your statutory rights. Nothing in these Terms seeks to or has the effect of excluding your statutory rights.
2.1 Who can make a purchase. By purchasing goods from your Selected Branch, you confirm that you are:
- consumer.
- at least 18 years old and legally capable of entering a contract with your Selected Branch; and
- resident in the United Kingdom.
2.2 If you are based outside of the United Kingdom. If you are based outside of the United Kingdom and wish to purchase goods from any of our branches, please contact them directly. Although they cannot guarantee they will be able to fulfil your order, they may try to accommodate you.
3. OUR GOODS and PROMOTIONAL MATERIAL
3.1 Promotional Material. Any samples, drawings, descriptive matter, or advertising produced by us or your Selected Branch and any descriptions or illustrations contained in our or their catalogues or brochures (collectively, Promotional Material) are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the Contract or have any contractual force.
3.2 Product packaging may vary. The packaging of goods may vary from that shown on Promotional Material.
3.3 Promotional & offer prices. Any promotional or offer prices made available for goods or services by any branch will apply only within the scope and period of the promotion or offer concerned and are subject to any applicable Additional Terms (and restrictions or limits) stated. To take advantage of promotional/offer prices, you may be required to quote the relevant promotion code at the time of your order. If you do not comply with the Additional Terms of a promotion or offer, your Selected Branch reserve the right to exclude you from the relevant promotion or offer.
4. YOUR ORDER AND CONTRACT WITH THE SELECTED BRANCH
4.1 How to place your order. You can place an order with your Selected Branch in-branch or on our website.
Branch orders
4.2 When the contract is formed: in-branch orders. The contract for in-branch orders is formed when your Selected Branch inform you they accept your order. At this point, a legally binding contract will be in place between you and your Selected Branch. Your Selected Branch will issue with you an invoice or receipt confirming what your order covers. That invoice or receipt acts as your proof of purchase.
Website orders
4.3 How to place an order: website orders. After placing an Order, your Selected Branch will acknowledge that they have accepted your Order and will issue an Order confirmation for your reference. At this point, a legally binding contract will be in place between you and them.
4.4 If you do not receive an Order confirmation. If no order confirmation is received, then you must contact your Selected Branch to confirm that they have accepted your Order and obtain your Order number as you may need this for future communication.
General order information
4.5 If your Selected Branch are unable to accept your order. In some circumstances, your Selected Branch may be unable to accept your order. This is typically for the following reasons:
(a) where goods are out of stock;
(b) your Selected Branch cannot authorise your payment;
(c) due to unexpected limits on your Selected Branches resources which they could not reasonably plan for;
(d) your Selected Branch have identified an error in the price or description of the goods;
(e) your Selected Branch are unable to meet a delivery deadline you have specified;
(f) you are not allowed to buy the goods from your Selected Branch and/or they are unable to sell them to you; or
(g) you have ordered too many goods.
4.6 Your Selected Branch will contact you if they are unable to accept your order to discuss how you would like to proceed. Your options in these circumstances may include:
(a) for out-of-stock items, ordering the goods into your Selected Branch or another branch if necessary (in which case you accept there may be a delay in delivery to you); or
(b) offering you suitable alternative stock, either at the same price or a different price (if your Selected Branch have discovered an error in the price on the website, the difference in price will be dealt with in accordance with clause 9.4).
4.7 If you do not wish to continue with your order in accordance with clause 4.6 or your Selected Branch do not receive a response from you seven days after asking you how you would like to proceed, a refund will be issued to you for the full amount you paid for the goods that have not been supplied (including any delivery costs charged that are associated with the unsupplied goods) as soon as possible and no contract will come into existence.
4.8 What your order covers. The contract will relate only to those goods your Selected Branch have confirmed to you they are able to supply. Neither we, your Selected Branch or any other branch will be obliged to supply any other goods that may have been part of your order but your Selected Branch have informed you they are unable to fulfil.
4.9 Availability. All orders are subject to availability. Neither we or our branches guarantee that any goods will be available at any given time.
If you have chosen to have your order delivered to you, this clause 5 applies.
5.1 Delivery location. If your Selected Branch agree to deliver the Goods to you, they shall deliver the Goods to the location set out in the Order or such other location as you and they may agree (Delivery Location) at any time after they notify you that the Goods are ready. The Goods shall be deemed delivered on the arrival of the Goods at the Delivery Location by your Selected Branch or its nominated carrier (as the case may be).
5.2 Delivery costs. Each branch offers free delivery for the majority of orders over £75.00. However, this may not always be available, and you may in certain circumstances have to pay delivery costs. If delivery costs apply, your Selected Branch will confirm the additional costs and the amount payable prior to delivery. All orders under the value of £75.00 will automatically incur a minimum delivery cost of £5.00.
5.3 When your Selected Branch will deliver the goods. Where your Selected Branch agree to deliver goods to you, delivery will be within 30 days after the date your Selected Branch has contacted you and agreed to fulfil your order, or such shorter or longer period which the Selected Branch agrees with you at that time.
5.4 If you are not present when your order is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, you will receive a note informing you of how to rearrange delivery or collect your order from your Selected Branch.
5.5 Failed collection/delivery. If you do not collect the goods from your Selected Branch as arranged or if there has been a failed delivery to you, your Selected Branch will contact you for further instructions and may charge you delivery costs associated with any re-delivery and, to the fullest extent permitted by applicable law, for reasonable storage costs associated with your goods. If, despite reasonable efforts, your Selected Branch are unable to contact you or re-arrange delivery or collection your Selected Branch may end the contract with you.
6.1 Delivered by our trusted suppliers. Our branches offer a range of goods delivered direct from their suppliers. As these goods are supplier direct delivery orders you will not be able to collect them or take them away from our branches on the same day. Once you have placed your order for the selected goods, the goods are supplied direct to you by the third-party supplier of the goods. The third-party supplier may contact you directly regarding the delivery of the goods. These goods can be identified as such in the product description information in the Promotional Material or if you have been informed this is the case by your Selected Branch.
6.2 Delivery. Your Selected Branch use third-party logistics providers to ship and deliver goods supplied by a third party in accordance with this clause 6. Shipping and delivery times may vary depending on the location and shipping method selected. You will be provided with an estimated delivery date but, to the fullest extent permitted by applicable law, your Selected Branch cannot guarantee that the delivery will be made on that date. To the fullest extent permitted by applicable law, your Selected Branch are not responsible for any delays in shipping or delivery caused by the logistics provider or any other third party.
6.3 Returns. Please note that if an item you receive directly by a third party is damaged or you wish to return a third party directly supplied product, you will not be able to return it in any of our branches. Please contact the Selected Branch that you placed the order with in the first instance to arrange the replacement/return as the item will need to be collected from you by the third-party supplier.
This clause 7 only applies where you choose to collect your order from your Selected Branch.
7.1 Collection. If you have ordered online and choose to collect your order from your Selected Branch, you must take your Order Confirmation with you as proof of purchase. Your Selected Branch is under no obligation to release the goods to you if you do not have your Order Confirmation or if you are unable to provide the credit or debit card that was used to pay for your order.
7.2 When to collect your order. Your Selected Branch will contact you when your order is ready to collect. Please do not attempt to collect your order prior to being notified. Once notified, you can collect from your Selected Branch at any time during their opening hours.
7.3 If you do not collect your order. If you do not collect your order within seven days of being notified by your Selected Branch that it is ready for collection in accordance with clause 7.2 above, your Selected Branch may, at its discretion, cancel your order.
8. DELIVERY AND COLLECTION GENERALLY
8.1 Responsibility for the goods and when you own them. Once your order has been delivered to your address or in accordance with the delivery instructions you provided to your Selected Branch or you collect the goods, the risk in the goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and your Selected Branch are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the goods are faulty or misdescribed. Ownership of the goods passes to you once you have paid for them in full.
8.2 Examining your goods. Please examine the goods as soon as reasonably possible after delivery or collection and notify your Selected Branch of any fault or damage as soon as reasonably possible.
8.3 When your Selected Branch require information from you that is not provided. Your Selected Branch may need certain information from you so that they can supply the goods to you. If so, this will have been stated in the description of the goods or on the Promotional Material or will be requested by your Selected Branch. Your Selected Branch will contact you to ask for this information. If you do not give them this information within a reasonable time of them asking for it, or if you give them incomplete or incorrect information, they may either end the contract or, to the fullest extent permitted by applicable law, charge you a reasonable amount to compensate them for any work that is required because of your failure. Your Selected Branch will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving your Selected Branch the information they need within a reasonable time of them asking for it.
8.4 Delivering your order in instalments. Your selected Branch may deliver your goods or make them available for collection in instalments. Where they do so, your Selected Branch will inform you this is the case prior to delivery or collection.
8.5 Delays outside your Selected Branch’s control. If delivery or collection is delayed by an event outside your Selected Branch’s control, they will contact you as soon as possible to let you know and they will take steps to minimise the effect of the delay. If there is a risk of substantial delay, you may contact your Selected Branch to end the contract and receive a refund for any goods you have paid for but not received.
8.6 Your legal rights if your Selected Branch deliver/make goods available for collection late. You have legal rights if your Selected Branch deliver or make available for collection any goods late. If your Selected Branch miss the delivery or collection deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) they have refused to deliver the goods or make them available for collection;
(b) delivery/availability for collection within the delivery deadline was essential (considering all the relevant circumstances); or
(c) you told your Selected Branch before they accepted your order that delivery/availability for collection within the delivery deadline was essential.
8.7 Setting a new deadline for delivery/collection. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.6, you can give your Selected Branch a new deadline for delivery/availability for collection, which must be reasonable, and you can treat the contract as at an end if your Selected Branch do not meet the new deadline.
8.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery/availability for collection under clauses 8.6 or 8.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would reduce their value. After that your Selected Branch will refund any sums you have paid to them for the cancelled goods and their delivery. If the goods have been delivered to you or you have already collected them, you must either return them to your Selected Branch, post them back to them or (if they are not suitable for posting) allow them to collect them from you, in any event, within 14 days of delivery/collection. Your Selected Branch will pay the costs of postage or collection. Please contact your Selected Branch for a return label or to arrange collection.
9. PRICE AND PAYMENT
9.1 Where to find the price. The price of the goods that apply to your order will be as quoted on the Promotional Material, as listed in our branches, or agreed between you and your Selected Branch from time to time. All prices are in pounds sterling (£)(GBP). Our branches take all reasonable care to ensure that the prices of our goods are correct. However please see clause 9.4 for what happens if your Selected Branch discover an error in the price of the goods you order.
9.2 We will pass on changes in the rate of VAT. Our prices are displayed inclusive and exclusive of VAT . You will always be charged the price of the goods including any applicable VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in VAT takes effect.
9.3 Price of delivery. Our prices do not include the cost of delivery unless otherwise stated. If there is a delivery cost, it will be notified to you in accordance with clause 5.2 above.
9.4 What happens if the price of your goods is wrong. It is always possible that, despite your Selected Branch’s reasonable efforts, some of goods may be incorrectly priced. Your Selected Branch will normally check prices before accepting your order so that, where the good’s correct price at your order date is less than the stated price at your order date, the Selected Branch will charge you the lower amount. If the good's correct price at your order date is higher than the price stated, your Selected Branch will contact you for your instructions before they accept your order. If your Selected Branch accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, they may later end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.5 Accepted payment methods. We accept payment using the credit and debit cards referred to on our website. If you are placing an order in one of our branches, we also accept cash payment, subject to any cash payment limits specified by your Selected Branch. Those limits may apply to your order as whole, rather than each individual cash payment.
9.6 When payment is due. You must pay for the goods and all applicable delivery charges before your Selected Branch dispatch, or you collect them.
9.7 What to do if you think an invoice is wrong. If you think an amount your Selected Branch has charged you is wrong, please contact them promptly.
9.8 Security. We and our branches will do all that we and they reasonably can to ensure that all the information you give them when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our or their part, any failure by us or them to comply with this contract or our Privacy Policy (see clause 21.3) or breach by us or them of our or their duties under applicable laws, we and they will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us or them.
10. OUR RIGHTS TO MAKE CHANGES
10.1 Minor changes to the goods. Your Selected Branch may change goods ordered by you prior to delivery:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor adjustments and improvements.
These changes will not affect your use of the goods, but your Selected Branch will (unless the changes are very minor) notify you in writing at the time of supply which changes have been made, and where necessary explain why they were necessary.
10.2 More significant changes to the goods. In addition, your Selected Branch may in certain cases occasionally have to make more significant changes to the goods ordered by you prior to delivery. If they do so, your Selected Branch will notify you in advance, and you may then contact your Selected Branch to end the contract and receive a full refund before the changes take effect.
11. YOUR RIGHTS TO MAKE CHANGES AND END THE CONTRACT
11.1 Your rights to end the contract. Your rights to end the contract will depend on what you have bought, how you bought it, whether there is anything wrong with it, how your Selected Branch are performing and when you decide to end the contract:
(a) if you want to end the contract because of something your Selected Branch have done or have told you they are going to do, please see clause 11.2 for further information;
(b) if what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), please see clause 12 for further information;
(c) if you have just changed your mind about the goods that you bought from your Selected Branch from the website, please see clause 13; and
(d) if you have just changed your mind about the goods that you bought from your Selected Branch in-branch, please see clause 14.
11.2 Ending the contract because of something your Selected Branch have done or are going to do. You have the right to end the contract for the reasons set out at (a) to (e) below. If you exercise this right by requesting this from your Selected Branch, the contract will end and your Selected Branch will refund you in full for any goods which have not been provided in accordance with these Terms. The reasons are:
(a) your Selected Branch have told you about an upcoming change to the goods or these Terms (or, where applicable, any Additional Terms) that apply to your order which you do not agree to;
(b) your Selected Branch have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside your Selected Branch’s control;
(d) your Selected Branch have suspended supply of the goods for technical reasons, or notify you they are going to suspend them for technical reasons, in each case for a period of more than 3 weeks; or
(e) you have a legal right to end the contract because of something your Selected Branch have done wrong.
11.3 Making changes. If you wish to make a change to your order before it is delivered or before it is ready for collection, please contact your Selected Branch. Your Selected Branch will let you know if the change is possible. If it is possible, they will let you know about any changes to the price of the goods(s), the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change.
12. IF THERE IS A PROBLEM WITH YOUR GOODS
12.1 The Consumer Rights Act 2015 gives you certain legal rights (also referred to as ‘statutory rights’). Any goods that you purchase from your Selected Branch must:
(a) be of satisfactory quality;
(b) be fit for purpose; and
(c) fit the description provided when you purchased the goods.
12.2 How your rights differ. During the expected lifetime of your goods, your legal rights entitle you to the following:
(a) up to 30 days: if your item is faulty, then you can get a refund;
(b) up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and
(c) up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call them on 0808 223 1133.
12.3 Exercising your rights. If you believe goods you have purchased from your Selected Branch are not as described, are not fit for its purpose, or are not of satisfactory quality, please contact them to discuss a resolution. Your Selected Branch will ask you to provide certain information about the goods to enable them to investigate and resolve the issue and they may offer a repair, exchange or refund. Nothing in this contract affects your legal rights under Consumer Rights Act 2015. You may also have other rights in law.
12.4 Terms of Manufacturer Guarantee/Warranty. Some of the goods your Selected Branch sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's written guarantee provided with the goods.
12.5 Legal rights not affected. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to goods that are faulty or not as described.
13. UNWANTED GOODS BOUGHT ON THE WEBSITE
13.1 Right to cancel website orders. You can cancel this contract within 14 days without giving any reason if you ordered the goods from your Selected Branch from our website. However, for some goods bought from our website you do not have the right to cancel or you may lose the right to cancel in certain circumstances. This is further explained in clause 15 below.
13.2 How long do you have to change your mind? How long you have depends on how the goods you ordered from the website are delivered. The cancellation period will expire 14 days after the day on which you, or someone you nominate, receives:
(a) the goods (unless one of the options below applies to your order); or
(b) the last good (if you ordered multiple goods in one order and they are being delivered separately); or
(c) the last lot or piece (if you ordered a good that consists of multiple lots or pieces); or
(d) the first good (if you ordered goods to be delivered regularly over a set period of time).
13.3 Exercising your right. To exercise the right to cancel, you must inform your Selected Branch of your decision to cancel this contract by contacting them (please see clause 17.1 for further details).
13.4 When the cancellation deadline is met. To meet the cancellation deadline for orders from the website, it is sufficient for you to send your cancellation request before the cancellation period has expired.
14. UNWANTED GOODS BOUGHT IN-BRANCH
14.1 Right to cancel in-branch orders. If you wish to return an unwanted item to your Selected Branch that you purchased in-branch, please contact your Selected Branch within seven working days of the collection or delivery date. Those working days refer to your Selected Branch’s opening hours. You will need to quote your order reference found on correspondence from your Selected Branch so that they can deal with your request. Your Selected Branch will discuss your reason for return or refund and will advise you on the return or refund process accordingly. Returns after the timeframe listed in this clause may not be accepted. Please note, for some goods bought from in-branch you do not have the right to cancel or you may lose the right to cancel in certain circumstances. This is further explained in clause 15 below.
14.2 Unwanted items: in-branch orders. If you are returning an unwanted item that you purchased in-branch it must be in brand new and un-used condition and fit for immediate re-sale. If it is a packaged item, the packaging must be factory sealed, intact and in good condition. Your Selected Branch may, depending on the circumstances, apply a re-stocking charge and they reserve the right not to accept unwanted items for return or refund if they do not comply with this clause.
14.3 Mechanical faults involving gas, electricity or water. If you believe there may be a mechanical fault involving the use of gas, electricity or water, before taking any remedial action, please contact your Selected Branch to request a visit to your premises from the manufacturer’s engineer.
15. WHEN YOU DON’T HAVE THE RIGHT TO CHANGE YOUR MIND
15.1 You do not have a right to change your mind under clauses 13 or 14 in respect of any goods which:
(a) have been made to your requirements or specifications, or are clearly personalised;
(b) are sealed for health or security protection or hygiene purposes, once these have been unsealed after you receive them;
(c) are liable to deteriorate or expire rapidly; or
(d) which become mixed inseparably with other items after their delivery.
16. EFFECTS OF YOUR CANCELLATION
16.1 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to the Selected Branch you bought them from, post them back to your Selected Branch or (if they are not suitable for posting) allow your Selected Branch to collect them from you. Your Selected Branch do not have to offer a collection if you are exercising your right to change your mind under clauses 13 or 14 or if you are not exercising your right to end the contract as a result of something they have done wrong.
16.2 When your Selected Branch will pay the costs of return. Your Selected will pay the costs of return:
(a) if the goods are faulty or mis-described; or
(b) if you are ending the contract because your Selected Branch have told you of an upcoming change to the goods or these Terms as they apply to your order, an error in pricing or description, a delay in delivery due to events outside their control or because you have a legal right to do so because of something they have done wrong.
In all other circumstances (including where you are exercising your right to change your mind under clauses 13 or 14) you must pay the costs of return (including, any costs of collection, where your Selected Branch agree to collect the goods from you).
16.3 What your Selected Branch charge for collection. If you are responsible for the costs of return and your Selected Branch are collecting the goods from you, they will charge you a collection charge notified by them to you.
16.4 Method of refund. Your Selected Branch will make the refund using the same payment method you used to make your purchase unless you and your Selected Branch have expressly agreed otherwise.
16.5 Deductions: Your Selected Branch may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of your handling of the goods in a way beyond what is necessary to establish the nature, characteristics and functioning of the goods (e.g. beyond what might reasonably be permitted in a shop). If your Selected Branch refund you the price paid before they can inspect the goods and later discover you have handled them in an unacceptable way, you must pay them an appropriate amount.
16.6 Refunds. If you are exercising your right to change your mind under clause 13, your Selected Branch will refund all payments received from you, including the cost of standard delivery. They will only refund the cost of standard delivery in such circumstances, even if you chose a more expensive delivery option. To avoid doubt, if you are exercising your right to change your mind under clause 14, your Selected Branch will not refund any original delivery costs paid by you.
16.7 Issuing Refunds. Your Selected Branch will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your Selected Branch will issue the refund within:
(a) 14 days after the day they receive the goods back from you; or
(b) if you are exercising your right to change your mind under clause 13, (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
(c) if no goods have been supplied, 14 days after the day on which you told them that you want to cancel this contract.
17. HOW TO CONTACT YOUR SELECTED BRANCH
17.1 How to contact your Selected Branch (including to tell them you want to end the contract). You can contact your Selected Branch (including to tell them you want to end the contract with your Selected Branch), by doing one of the following:
(a) Visiting your Selected Branch and informing them you wish to end the contract. You may be required to produce your proof of payment if you choose to do so.
(b) Phone, email or post. Call, email or write to your Selected Branch, the details for which will be included in your invoice or dispatch confirmation email and can also be found on the website. Please provide your name, home address, your order number and, where available, your phone number and email address.
(c) Your right to cancel website orders. If you are exercising your right to change your mind under clause 13, you can inform your Selected Branch of your decision to cancel by a clear statement (e.g., a letter sent by post or email) or by using the cancellation form below (but use of that form is not obligatory):
|
Model cancellation form |
18. OUR RIGHTS TO SUSPEND THE SUPPLY OF GOODS OR END THE CONTRACT
18.1 Why your Selected Branch may suspend the supply of goods to you. In rare cases, your Selected Branch may be required to suspend the supply of goods to you. This is typically for the following reasons:
(a) to deal with technical problems or make minor technical changes;
(b) to update the goods to reflect changes in relevant laws and regulatory requirements; or
(c) to make changes to the goods as requested by you or notified by your Selected Branch to you.
18.2 Suspending the supply of goods or ending the contract. If you do not pay your Selected Branch for the goods when you are supposed to, your Selected Branch may suspend supply of the goods until you have paid them the outstanding amounts, or they may otherwise end the contract. Your Selected Branch may also notify you that they are going to stop supplying any goods and will refund any sums you have paid in advance for goods which will not be provided.
19. RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
19.1 Your Selected Branch are responsible to you for foreseeable loss and damage caused by them. If your Selected Branch fail to comply with these Terms, they are responsible for loss or damage you suffer that is a foreseeable result of them breaking this contract or their failure to use reasonable care and skill. Your Selected Branch 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 your Selected Branch and you knew it might happen, for example, if you discussed it with them during the sales process.
19.2 Your Selected Branch are not liable for business losses. Your Selected Branch only supply the goods to you under these Terms for domestic and private use. If you use the goods for any commercial, business or re-sale purpose your Selected Branch will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20. IF YOU WISH TO COMPLAIN
20.1 How to make a complaint. We and each of our branches are very proud of our high standards of customer service, however, in the event that your Selected Branch fail in meeting these standards, please inform them in accordance with clause 17.1.
21. HOW WE AND OUR BRANCHES MAY USE YOUR PERSONAL INFORMATION
21.1 How we and our branches will use your personal information. We and our branches will use the personal information you provide to us and them:
(a) to supply the goods and any services to you;
(b) to process your payment for your purchase; and
(c) if you agreed to this during the order process or, if we have a lawful basis to do so, to inform you about similar goods and services that we or our branches provide, but you may stop receiving these communications at any time by contacting us or the relevant branch.
21.2 We and our branches only use your personal information in accordance with our Privacy Policy, available to view on the website. Please take the time to read our Privacy Policy , as it includes important terms which apply to you, and explains how we and our branches safeguard any data which you provide to us or them for us to fulfil your orders.
22. RIGHTS TO VARY THESE TERMS
22.1 We may amend these Terms from time to time. Every time you place an order with your Selected Branch, the terms in force at the time of your order will apply to the contract between you and them.
22.2 Reasons for revising these terms. We may revise these Terms from time to time. This might happen in the following circumstances (which are illustrative rather than exhaustive):
(a) changes in how we or any of our branches accept payments from you;
(b) changes in market conditions affecting our business or those of our branches;
(c) changes in technology;
(d) changes in relevant laws and regulatory requirements; or
(e) changes in the goods and services we and our branches offer.
22.3 What happens if we revise these terms. If we revise these terms as they apply to your order, your Selected Branch will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected goods or just the goods you have yet to receive. If you opt to cancel, you will have to return or make available for collection by your Selected Branch (at their cost) any relevant goods you have already received and your Selected Branch will arrange a full refund of the price you have paid, including any applicable delivery charges.
23. OTHER IMPORTANT TERMS
23.1 We and your Selected Branch may transfer our rights to someone else. Your Selected Branch may transfer their rights and obligations under these Terms and, where applicable, the Additional Terms to another organisation. Your Selected Branch will always tell you in writing if this happens and they will ensure that the transfer will not affect your rights under this contract.
23.2 You need consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms and, where applicable, the Additional Terms to another person if your Selected Branch agree to this in writing.
23.3 Nobody else has any rights under this contract. This contract is between you and your Selected Branch. No other person shall have any rights to enforce any of its terms.
23.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and, where applicable, the Additional 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.
23.5 Even if your Selected Branch delay in enforcing this contract, they can still enforce it later. If your Selected Branch do not insist immediately that you do anything you are required to do under these Terms and, where applicable, the Additional Terms or if they 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 them taking steps against you at a later date. For example, if you miss a payment and your Selected Branch do not chase you but they continue to provide the goods, they can still require you to make the payment later.
23.6 Which laws apply to this contract, and where you may take legal action. These Terms and, where applicable, the Additional Terms are governed by English and Welsh law and you can bring legal proceedings in respect of the goods in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish, English or Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish, English or Welsh courts.