Here at Walter Dix (Heating) Ltd. trading as Walter Dix & Co., we try our best to always ensure that our customers are happy with our honest approach so that we do not need to rely on terms and conditions (herein referred to as T&Cs), but with any business transaction we do need to have some underlying T&Cs to refer to in the unlikely event of a dispute. These terms and conditions apply to consumer sales and not those made to businesses. These terms and conditions are only a contract between the Company and the Buyer.
In these conditions, unless the context requires otherwise:
“Buyer” means the company, firm, body or person purchasing the Goods.
“Goods” means the goods the subject matter of the Order
“Order” means a purchase order in respect to the Goods issued by the Company to the Buyer
“Company” means WALTER DIX & CO whose registered office is Walter Dix (Heating) Ltd, 1 Stirling Court, Team Valley, Gateshead, NE11 0JF.
1.1 The Buyers order (in whatever manner communicated) to the Company is an offer to enter into a contract upon these conditions. Acceptance occurs and a contract (“Contract”) is formed only when the Company accepts the order.
1.2 The following terms shall be deemed to be incorporated into the Contract. All T&Cs appearing or referred to in the Order or otherwise stipulated by the Buyer at any time shall have no effect.
1.3 Any variation of the contract must be confirmed in writing by the Company
1.4 The Company’s quotations are not binding on the company. Where Goods are to be supplied from stock, such supply is subject to availability of stocks at the date of delivery.
- PRICE AND TERMS OF PAYMENT
2.1 All of the pricing on the Order (unless otherwise stated) is inclusive of VAT and in UK pounds. The total cost of your order will be the price of the products you order, plus the delivery charge (if any), plus any additional services you may choose (for example a premium delivery or installation).
2.2 Terms of payment are outlined on the Order and cannot be adjusted unless approved in writing by the Company. Payment must be received by the Company before delivery. In cases where a Finance product has been selected to spread the balance of the order, payment of any outstanding deposits/balances on the Order must be received by the company under the same terms of payment.
2.3 If the Buyer does not pay upon the date when payment is due the Company shall be entitled delay any promised delivery dates until the balance has been settled or cancel the order; Any charges for delaying the delivery or cancelling the order due to late payment will be the responsibility of the Buyer
2.4 The Company reserve the right to reject an order. In this unlikely event, the Company will contact the Buyer via the details provided on the Order to inform the Buyer of this decision. In the event of a pricing error or miscalculation, the Company will contact the Buyer with a view to confirming the Order with either a correct price or changing/cancelling the Order. If the Company do not receive a written response on how you, the Buyer, would like to proceed with the Order the Company will cancel it and make you aware.
2.5 The Buyer agrees that any deposit made at placement of the Order are considered non-refundable. In cases where the Buyer has placed an Order that includes a bespoke item (made to specific specifications) then the full balance for the item will be payable to Company as soon as manufacture begins regardless of whether the Order is fulfilled or cancelled.
3.1 All of the delivery times given by the Company are approximate and given in good faith. We are a flexible organisation and we like to organise delivery ourselves either using our own delivery vehicles or by liaising with our suppliers. On occasion you may be contacted by our suppliers to organise a suitable delivery time.
3.2 Unfortunately, sometimes things go wrong and honest mistakes are made but we shall not be liable for any losses or expenses incurred by any delay in delivery or damage caused in transit.
3.3 A lot of what we deliver is very big and heavy (think about the impact of steps, gravel drives, narrow doorways etc.). It is your responsibility to ensure that the appliance ordered can be delivered into the room in which we have agreed to deliver it (you will need to take into consideration the dimensions of the boxed product). If you are in any doubt, please contact us via email to inform us of any potential issues and we will work with you to find a solution.
3.4 You may incur additional delivery charges if we or any of our suppliers encounter circumstances of which we have not been informed that prevent us from delivering your appliance. Alternatively, we will deliver to the nearest safe place, such as a garage.
3.5 We deliver to the mainland UK only. If there is any reason we need to levy an additional delivery charge, we will inform you of this prior to delivery and give you the option to cancel your order.
3.6 We may also levy a failed delivery charge if no one is in to take the delivery on the agreed date or if the customer refuses the delivery on the scheduled date.
3.7 Risk passes from Walter Dix (Heating) Ltd. to the customers when the goods are delivered. If the customer arranges their own collection, the risk passes to the customer once the goods are delivered to the courier.
- INSTALLATION SERVICES
4.1 Each appliance will have different fitting instructions and so you must ensure that you know or that your kitchen fitter knows what all of the maximum and minimum space requirements are for the appliance.
4.2 You must use a suitably qualified person to install your appliance in accordance with the manufacturer’s installation instructions and industry guidelines. Failure to do so may result in the appliance being unsafe and/or the warranty rendered void.
4.3 In those instances, when a Walter Dix (Heating) Ltd. engineer is installing the goods, it must be to existing, correctly positioned and live services. Any work to rectify incorrectly positioned or missing services is chargeable. Return visits to commission goods due to services that are not live, are chargeable.
4.4 Where we have agreed to include connection of the new appliance, this must be to existing, live and correctly positioned services as per the manufacturer’s instructions. In the event of a site not being ready, we may levy a charge to revisit a site or move services.
4.5 We cannot be held responsible for other contractors’ incorrect positioning of services. Moving incorrectly positioned services is chargeable. Making a return visit for re-delivery or commissioning is chargeable. We will collect this charge from our customer and not the contractor.
4.6 In some instances, we will remove your old appliance. Goods that are removed are considered ready for appropriate recycling so we will not guarantee that no damage will be caused to the old appliance on removal and once it has left site, we will not be able to return it.
- FAULTY GOODS
5.1 If the product develops a fault through no fault of your own, we would like to get this resolved for you as quickly as the Company can. Depending on the timeframes in which your product developed a fault you may be eligible for a repair/replacement or a refund. We urge you to contact us as soon as possible in these instances.
5.2 We would aim to arrange for the dispatch of an engineer to resolve the issue as soon as we can and reserve the right in all cases to diagnose the fault ourselves.
5.3 We do not cover faults caused by accident, neglect, misuse or normal wear and tear, or by the fitting of any non-approved parts.
- CANCELLATIONS & RETURNS
6.1 Some of our goods are custom-made to your own specifications and so even though we will try, you may not be able to cancel once your order has been submitted. You therefore must ensure that your chosen specification is suitable in all respects before placing your order.
6.2 With the exception of custom-made goods, the Buyer may cancel their order at any time prior to delivery and incur no cost. Custom-made goods include any bespoke orders i.e cookers that are built to order to a specific colour or specification are defined as custom-made and will be subject to the following terms of cancellation. For all custom-made orders you may cancel within 14 days of placing your order and not incur any additional charges. Any cancellation after the 14 days will incur charges up to the full balance of the order (subject to when the order is cancelled and the status of the order at the time of cancellation) and will be the responsibility of the buyer to pay any cancellation charges to confirm the cancellation. Once manufactured the Buyer will be responsible for the whole balance due on the Order and the Order can no longer be cancelled.
6.3 If you place your order online, via telephone or via email, with the exception of custom-made goods, you can cancel your order up to 14 calendar days after the day of delivery. Customers should return the goods within 14 days of cancellation. The appliance must be in an ‘as new’ condition and not used. We will withhold refunds until goods are returned (or evidence of a return is provided) and reduce the amount of money refunded for returned goods which show evidence of use beyond the handling necessary to see whether the goods are as expected.
6.4 The burden of proof for showing cancellation in the cancellation period rests with the consumer, but you are not obliged to cancel in writing but must make it clear that this is what you wish to do. However it makes sense for all parties to have a written record of the desire to cancel, so please feel free to email us on email@example.com
6.5 If your order is placed and paid for in a showroom, then you have no automatic right to cancel your order after delivery. If we decide to accept a return in this instance, you may be liable to restocking, administration and delivery charges.
6.6 You are liable for the cost involved with returning the goods and ensuring that they are returned undamaged. We do not accept return of the goods until we have had the opportunity to inspect them for damage.
7.1 We do our very best to make the images on our website a true reflection of the product itself. However, there may be some difference in colour shades from what is displayed on the website and what is delivered. Colour samples may be ordered that show true finish of an appliance, but due the finishing process these colours may also differ slightly from the finish on the appliance.
8.1 The company is committed to safeguarding and preserving the privacy of our customers.
8.2 We may use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
- To provide information to you that you request from us relating to our products or services.
- To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
- To inform you of any changes to your order, services or goods and products.
- If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
8.3 Storing your personal data, we do our utmost to ensure that all reasonable steps are taken to make sure that your data is treated and stored securely. Unfortunately, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically. Sending such information is entirely at your own risk.
8.4 We do not store your credit card details.
- In the event that we sell any or all of our business to the buyer.
- Where we are legally required by law to disclose your personal information.
- To further fraud protection and reduce the risk of fraud.
8.6 Access to information, in accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
8.7 We sometimes keep hard copies of documents that relate to customer orders. These hard copies are kept securely in our offices. When hard copy documents are destroyed we use a service provider that offers a fully EN 15713:2009 compliant and accredited service.
- GOVERNING LAW AND JURISDICTION
9.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
If there is anything within these Terms & Conditions that you wish to discuss further, or if you do not accept these terms of sale and wish to cancel then please contact out office on 0191 482 0033 alternatively you can email us on firstname.lastname@example.org