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Terms & Conditions Of Sale
Home Terms & Conditions Of Sale
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.
“Manufacturer” means the Company responsible for the construction and Manufacture of a product that is sold by the Company.
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. No Order placed by the Buyer shall be deemed to be accepted by the Company until the Company issues an Order Confirmation or, if earlier, the Company delivers the Goods.
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.
1.5 All Orders are subject to these Conditions unless otherwise agreed by a director of the Company in writing. No terms or conditions forward by the Buyer, nor verbal representations, warranties, guarantees or other statements made by or on behalf of the Company, shall be binding on the Company unless confirmed by a director of the Company in writing (except that neither of the Parties seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).
1.6 Notwithstanding acceptance of an Order by the Company pursuant to Condition 1.1, the Company can give no warranty or undertaking that the Goods are available and reserves the right to cancel an Order if it should be unable to effect an Order within a reasonable period of time for any reason beyond its control and in such a case the Company shall not be liable to compensate the Buyer.
2. 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.
2.6 Any changes made to the Order by either the Buyer or the Company for any reason are subject to the same Terms & Conditions of Sale as presented by the Compan
3. GOODS AND MANUFACTURE
3.1 With the exception of Goods being in stock or sold as ex display, all Goods are manufactured to order. This means all Orders are subject to manufacture lead times and successful completion of manufacture, upon the Buyer placing an Order, they will be given any current forecasted and estimated manufacture lead time. These lead times are only estimates and should not be assumed as definitive in any way until completion and delivery is confirmed by the Company or the Manufacturer.
3.2 All Goods ordered with the Manufacturer will be as described in the Sales Order Form and confirmed in the Order Acknowledgment given to the Buyer by the Company. It is the responsibility of the Buyer to check the Order is correct upon receipt and if not correct, the Buyer must notify the Company of any changes/issues with the Order upon receipt of the Sales Order Form and/or the Order Acknowledgement.
3.3 Some Goods are custom-made to the Buyers own specifications of which it may not be possible to cancel or change once the Order has been submitted. The Buyer, therefore, must ensure that the chosen specification is suitable in all respects before placing the Order. The Company will outline the specification as ordered within the Order Acknowledgement and the Buyer is responsible for checking the specification of the Goods is correct. The Company will not be liable for any consequential losses or expenses incurred by the Buyer if on receipt of the Goods being delivered they should not be to the Buyers specification (by omission of the Buyer not checking the specification as per the Order Acknowledgement or should the Buyer decide that the custom made order once delivered does not meet their expectations.
3.4 All manufacture is based on sufficient supply of parts from their own 3rd party suppliers and the manufacturer’s capability to produce the Goods. Sometimes things go wrong and this can adversely affect manufacture either delaying the Goods or, in some cases, resulting in the discontinuation of the Goods. In these cases, the Buyer will be contacted by either the Company or the Manufacturer to notify them of the situation and the impact this has on the Order. With the exception of custom built goods, a full refund may be offered if the Goods are delayed past a reasonable timescale. Where Goods are discontinued the Order will be cancelled and a full refund returned back to the Buyer.
3.5 As Goods are subject to manufacture, and therefore not guaranteed until completed. It is the recommendation of the Company to have all Goods either delivered or held in stock before confirming any additional renovation plans such as kitchen designs or building alterations. It is at the Buyers own risk to confirm any 3rd party renovations based on estimated manufacture dates alone. All colour and trim options shown or supplied by the Company are for shown for representation purposes only, due to finishing process in manufacture there may be slight differences between samples provided by the Company and the Goods supplied, it is therefore recommended that all Goods are supplied and delivered prior to any additional renovations are carried out. The Company will not be liable for any differences in colours or trims on any Goods supplied when compared to any supplied marketing material such as brochures, colour swatches/samples, online images/videos or any other marketing material supplied to the Company by the manufacturer
3.6 All colour and trim options shown or supplied by the Company are for shown for representation purposes only, due to finishing process in manufacture there may be slight differences between samples provided by the Company and the Goods supplied, it is therefore recommended that all Goods are supplied and delivered prior to any additional renovations are carried out. The Company will not be liable for any differences in colours or trims on any Goods supplied when compared to any supplied marketing material such as brochures, colour swatches/samples, online images/videos or any other marketing material supplied to the Company by the manufacturer
3.7 Should the Buyer accept the risk outlined in clause 3.5 the onus is placed on the Buyer to have contingencies in place, should any issue with manufacture arise so that alterations can be accommodated to plans/designs in response to any change or cancellation of the Order under clauses 3.1,3.2,3.3,3.4,3.5 and 3.6 above. The Company will not be liable for any delay or discontinuation of Goods and as such will not be liable for any consequential losses or expenses incurred by any delay or discontinuation by the manufacturer. The Company will also not be liable to cover the any additional expenses or losses for any alternative Goods supplied either by the Company or a separate company/supplier as a result of delays or discontinuation of Goods on the Order.
4.1 Where the Buyer wishes to purchase the Goods using one of the Company’s finance products they will be subject to the following conditions as well as the Finance Providers own terms & conditions of which the Buyer will be responsible for by accepting the Finance Providers terms & conditions prior to entering into a contract with the Finance Provider.
4.2 Any quote produced by the Company is just as an example and does not guarantee that credit will be given. To proceed, the Buyer will be required to complete a finance application. Finance applications can be completed either by phone, in our Showroom or via email link. Credit is subject to application and status. Credit is only available on specified Goods.
4.3 The minimum credit order value the Company will offer a finance product for is £1,000.
4.4 The Buyer understands that the finance application process will include a hard search on the Buyers credit profile which can have an impact on the Buyers credit rating and ability to get approved for credit in the future. The Company will not be liable for any impact past, present or future on the Buyers credit profile where the Buyer has agreed for a hard search to be carried out.
4.5 Under terms outlined by the Finance Provider the Buyer will have the right to withdraw from any credit agreement entered into with the Finance Provide. If actioned, this will release the Buyer from the finance contract they have entered into, however this does not release the Buyer from the contract for the Goods with the Company, the Buyer will be liable for the full balance of the Order should the finance agreement be withdrawn. The Buyer will also need to follow the Cancellation Procedure (Section 10) of the contract if they wish to cancel the order. Failure to complete the Company’s cancellation procedure will result in the Buyer being liable for the full balance and/or any cancellation charges, 3rd party expenses, restocking fees and other associated fees/losses on the Order.
4.6 The Company is authorised and regulated by the Financial Conduct Authority. Walter Dix (Heating) Ltd., 1, Stirling Court, Eleventh Avenue North, Team Valley, Gateshead. NE11 0JF. Company Number 1294935. The Company acts as a credit broker and not the lender.
4.7 A 3rd party Finance Provider will act as the lender. Upon beginning the application process full details of the Finance Provider will be given to the Buyer in all pre-contract information. The Finance Provider will be authorised and regulated by the Financial Conduct Authority and have a register number. The register can be accessed through www.fca.org.uk,
4.8 Should the Buyer not be satisfied with the Company regarding the finance products offered or entered, then the Buyer will need to follow the Company’s complaints procedure, a copy will be supplied by the Company in the Order Acknowledgement or alternatively it can be found here : https://www.wdix.co.uk/about-us/our-complaints-procedure/
5.1 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 the Company’s own delivery vehicles or by liaising with the Company’s suppliers. On occasion the Buyer may be contacted by our suppliers to organise a suitable delivery time.
5.2 Unfortunately, sometimes things go wrong and honest mistakes are made but the Company shall not be liable for any consequential losses or expenses incurred by any delay in delivery or damage caused in transit.
5.3 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless written notice is given to the Company within 7 days of the date when the Goods would in the ordinary course of events have been received.
5.4 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a refund against any invoice raised for such Goods.
5.5 A lot of the Goods available to Order is very big and heavy (think about the impact of steps, gravel drives, narrow doorways etc.). It is the Buyer’s responsibility to ensure that the Goods ordered can be delivered into the room in which the Company 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.
5.6 The Buyer 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, the Company may deliver to the nearest safe place, such as a garage.
5.7 Deliveries are to the mainland UK only. If there is any reason the Company need to levy an additional delivery charge, the Buyer will be informed prior to delivery and may be given the option to cancel the Order (Excludes custom made Goods).
5.8 The Company may also levy a failed delivery charge if no one is in to take the delivery on the agreed date or if the Buyer refuses the delivery on the scheduled date.
5.9 Risk passes from Walter Dix (Heating) Ltd. to the Buyer when the Goods are delivered. If the Buyer arranges their own collection, the risk passes to the Buyer once the Goods are passed to the Buyer/3rd Party provider collecting the Goods.
6. INSTALLATION SERVICES
6.1 Different Goods will have different fitting instructions and so the Buyer must ensure that they know or that their 3rd Party Contractors (i.e Kitchen Provider) knows what all of the maximum and minimum fitting space requirements are for the Goods.
6.2 The Buyer must use a suitably qualified person to install the Goods 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.
6.3 Where the Company have agreed to provide connection of the Goods, this will be arranged by the Company to either provide the service or be provided by the Company through their Supplier/Manufacturer using their own approved contractors.
6.4 Where the installers are provided by the Supplier this must be to existing, live and correctly positioned services as per the Manufacturer’s instructions. In the event that a site has not been prepared correctly, installation will be aborted and the Goods delivered only. The Company will not be liable for any refund on any installation charges paid as a result of an incorrectly prepared site by the Buyer or the Buyers 3rd party contractors.
6.5 Where the installers are a Walter Dix (Heating) Ltd. Engineer, it must be to existing, correctly positioned and live services as per the Manufacturer’s instructions. In the event of a site not being ready, installation and delivery may be aborted and the Company will levy a charge to rebook delivery and installation. Subject to the condition of the site, the Company may offer to rectify the issue and alter the services on site. Any work to rectify incorrectly positioned or missing services is chargeable. Should the Buyer accept delivery only and arrange own installation then any return visits to commission goods due to services that are not live/prepared correctly, will be chargeable.
6.6 The Company cannot be held responsible for 3rd party contractors’ incorrect positioning of services. The Company may offer to move incorrectly positioned services but this is chargeable to the Buyer. Alternatively making a return visit for re-delivery or commissioning, at the Buyers request or Company’s decision, is also chargeable and the Company will collect this charge from the Buyer and not the contractor.
6.7 In some instances, the Company or the Company’s supplier will remove the Buyers old appliance. Appliances that are removed are considered ready for appropriate recycling so the Company cannot guarantee that once removed there will be no damage to the old appliance on removal and therefore once it has left site, the Company will not be able to return it.
7. AGA/RAYBURN SPECIFIC TERMS & CONDITIONS
7.1 This section relates specifically to cast iron Goods under the brands of AGA and Rayburn only, all other Goods supplied by the Company are not applicable to this section. They are additional to the Terms & Conditions given by the Company for the supply of aforementioned Goods and if they are found to be in contradiction with another term, the terms outlined here within section 6 will over rule any contradicting term.
7.2 The Company’s liability in respect of the Goods supplied by the Company shall be limited to giving the Buyer the benefit of any guarantee or warranty given by the Manufacturer of such Goods. The Company shall not be held under any further liability howsoever arising and all conditions and warranties expressed or implied by, or, under statute custom or trade usage are hereby expressly excluded.
7.3 Estimates given by the Company are based on costs which are subject to fluctuation and the Company reserves the right to pass on such variations as appropriate to the Buyer.
7.4 Estimates are limited to such work as specified therein and are exclusive of any site preparatory work undertaken by other trades employed by the Buyer.
7.5 Site requirements and product dimensions are detailed in the Manufacturer’s installation instruction leaflet relevant to each appliance (copies available on request) and it is the responsibility of the Buyer to ensure that proper instructions and a copy of the installation instructions supplied by the Company are given to other trades responsible for site preparatory work.
7.6 If conditions apply which necessitate the laying of a plinth for the Goods, the plinth must be provided by the Buyer prior to installation. The plinth must be flat, level, of fireproof material, able to withstand the weight of the appliance, be of suitable dimensions and constructed in accordance with the relevant installation instruction leaflet.
7.7 All relevant site preparation must be completed prior to the delivery and/or assembly of the Goods as the price estimated is based on the assumption that delivery and assembly and commissioning are completed on the same day. Further visits necessitated through circumstances arising from incomplete site work or other causes outside the control of the Company will be subject to a further charge as indicated within the Company’s Installation details and Exclusions.
7.8 A deposit of the amount indicated within an estimate is payable at the time Goods are ordered. In the event of the cancellation of an order this deposit is non-refundable unless such cancellation is made within fourteen days of the date of order. The Company reserves the right to charge the Buyer with all costs incurred in the event of the cancellation of an order unless such cancellation is made within fourteen days of the date of order.
7.9 Forward orders are accepted on condition that the sale price on the date of delivery shall be the price for the order unless otherwise agreed in writing by the Company.
7.10 An Order Acknowledgement is dispatched with confirmation of order of the Goods. Full payment of the balance becomes due 14 working days before installation unless otherwise agreed in writing with the Company. In the event of a previously agreed installation being delayed at the Buyers request or as a result of incomplete site work full payment of the balance remains due 14 working days prior to the original agreed installation date. Payment for additional services supplied by the Company including, but not exclusive to, flue systems, fuel supplies, services alteration, spare parts or components fitted shall be made to the Company under the same 14 days’ terms as the Goods unless otherwise agreed in writing by the Company. All additional installation work including, but not exclusive to, flue systems, fuel supplies, services alteration, spare parts or components fitted will be charged at the Company’s rates prevailing at the time the work is carried out. In the event of the Company being unable to complete installation due to the unavailability of parts and/or components or that in the Company’s opinion the Goods are unable to be installed due to incorrect site preparation or for reasons unbeknownst to either the Company or the Buyer, then Buyer shall be charged only for such work as has been carried out.
7.11 Whilst every effort will be made to adhere to estimated delivery, installation, commissioning or maintenance dates it is a condition that no liability (direct or consequential or otherwise) to the Buyer or any other person is accepted by the Company if for any reason delivery, installation, commissioning or maintenance is delayed beyond these dates, including any delays in obtaining replacement components required to complete repairs.
7.12 The Company shall not be responsible for any loss or damage caused by the incorrect operation or treatment of an appliance including interference with the controls of any equipment as set by the Company or as a result of the use of incorrect fuel and any repairs so necessitated shall be charged to the Buyer.
7.13 Before the Company carries out any work all outstanding contract fees charges and invoices shall have been paid by the Buyer.
7.14 The Company reserves the right to refuse to service or repair any appliance that upon inspection is found to be such that the appliance has not been installed in accordance with the Manufacturer’s recommendations or cannot be maintained in accordance with the appropriate schedule of maintenance.
7.15 Installations and maintenance works will normally be carried out Monday to Friday inclusive (excluding public holidays) during normal working hours 8.15 a.m. to 4.15 p.m. Any work outside these hours at the request of the Buyer shall incur additional cost at premium rates.
7.16 The Company’s liability with regard to technical advice is strictly limited to the information contained in the installation instructions issued by the Manufacturer for the Goods concerned. We are not qualified to give any technical advice and therefore cannot accept responsibility for Builders’ work or building construction or modification including flues, chimneys or chimney linings, hot water or heating systems, electrical sub circuits, gas or oil supply pipes to the point of connection to the appliance. The Company shall not be responsible for the maintenance of or repairs to flues, chimneys or chimney linings, hot water or heating systems, electrical sub circuits, gas or oil supply pipes to the point of connection to the appliance
7.17 Any modifications to the flue of an appliance being necessary as a result of excessive or inadequate draft cannot be assessed accurately until all flue conditions have been experienced with the appliance under fire. The Company cannot accept any responsibility for any problems which occur through unsuitable or inadequate chimney arrangements and any additional costs incurred shall be the responsibility of the Buyer.
7.18 The Buyer accepts responsibility for ensuring that the appliance installation and it’s use always complies with relevant statutes bye-laws and regulations.
8. FAULTY GOODS
8.1 If the Goods develop 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 Goods developed a fault you may be eligible for a repair/replacement or a refund. The Buyer must contact the Company as soon as a fault appears to be eligible for a resolution to the issue. The Company will not be able to resolve any faults that have not been reported within a reasonable timeframe, 14 days, from when the fault appears and therefore will not be liable for any consequential losses or expenses incurred by repairing or replacing the Goods
8.2 Where the Goods have developed a fault it is at the Manufacturers and/or Company’s discretion on how to resolve the issue, a preliminary visit may be required by the Manufacturer and/or Company to assess the fault and decide on the best course of resolution, from which the Buyer will be advised by the Company and/or Manufacturer as to the decision.
8.3 For AGA/Rayburn cast iron Goods, We, the Company, 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 before making a design on resolution as described in 8.1
8.4 The Company will not cover faults caused by accident, neglect, misuse or normal wear and tear, or by the fitting of any non-approved parts or faults that develop outside of the Warranty period, details of which are explained in Section 9.
9.1 All Goods, with the exception of 2nd hand, ex display and certain cookware items, will be supplied by the Company with a warranty that is managed and maintained by the Goods manufacturer. With the exception of the Goods defined as AGA Cast Iron Cookers and Rayburn Models where the Warranty is managed and maintained by the Company on behalf of the Manufacturer.
9.2 Any Manufacturer’s warranty will be subject to their own Terms & Conditions and it is the Buyers responsibility to ensure that they understand the terms of the warranty and the Goods are used and kept in accordance within the Manufacturers terms.
9.3 Where the Company is responsible for the Warranty, this will still subject to the Warranty Terms & Conditions produced by the manufacture and the Buyer is responsible for ensuring the Goods are maintained in accordance with the manufacturer’s Warranty Terms & Conditions
9.4 Failure to meet Manufacturer’s Warranty Terms & Conditions may void any warranty supplied with the Goods and the Company will not be liable or responsible for any claims or returns against Goods that have been found void of warranty. The Company will also not be liable for any expenses or charges past, present or future on any Goods found in breach of the Warranty Terms & Conditions.
9.5 Ex Display Goods will be supplied to the Buyer with a full Manufacturer’s, limited/reduced manufactures or the Company’s own Warranty. The nature of the Warranty will be as described in any advertisement for the Goods and/or conveyed to the Buyer by the Company within the Order Confirmation. All Warranty for Ex Display Goods will be subject to the conditions 9.2, 9.3 and 9.4.
9.6 2nd Hand Goods will be supplied to the Buyer with a limited/reduced manufacturer’s or the Company’s own pre-determined Warranty. The nature of the Warranty will be as described in any advertisement for the Goods and/or conveyed to the Buyer by the Company within the Order Confirmation. All Warranty for 2nd hand Goods will be subject to the conditions 9.2, 9.3 and 9.4.
10. CANCELLATIONS & RETURNS
10.1 With the exception of custom-made goods, the Buyer may cancel their Order at any time prior to dispatch 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.
10.2 If the Order is placed 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. The Buyer should return the Goods within 14 days of cancellation. The Goods must be in an ‘as new’ condition and not used. The Buyer will be responsible for the costs of returning the appliance. The Company 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.
10.3 The burden of proof for showing cancellation in the cancellation period rests with the Buyer, but you are not obliged to cancel in writing but must make it clear to the Company 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
10.4 If the Order is placed and paid for in a showroom, then the Buyer has no automatic right to cancel/return the Order after delivery. The Buyer must contact the company to explain reasons for requesting a return, If the Company decides to accept a return from the Buyer then the Company reserves the right to levy any restocking, administration and delivery charges to the Buyer, these charges will be outlined by the Company to the Buyer and must be paid before a return can be accepted.
10.5 The Buyer is liable for the cost involved with returning the Goods and ensuring that they are returned undamaged. The Company does not accept return of the Goods until we have had the opportunity to inspect them for damage.
10.6 The Company reserves the right to impose a cancellation charge as notified by the Company to the Buyer from time to time on any Order cancelled. If the Buyer notifies the Company in Writing that an Order was made in error or was inaccurate, the Company may, at its sole discretion, accept the return of any Goods ordered, provided the Buyer accepts responsibility for the Company’s handling costs and such notification is received by the Company within 30 days of the Buyer’s receipt of the Goods. The Buyer hereby indemnifies the Company against all losses, damages, legal costs and other expenses of any nature whatsoever incurred by the Company when the Buyer cancels an Order for bespoke/special order Goods with the Buyer acknowledging that the Company may be unable to resell the same.
11. FORCE MAJEURE
11.1 The Company shall not be deemed to be in breach of contract or otherwise be liable by reason of any delay in performance or non-performance of any of its obligations hereunder to the extent that such delay or non-performance beyond the Company’s reasonable control including but not limited to events such as acts of God, war, riot, civil commotion, fire, flood, adverse weather, terrorist action, nuclear, chemical or biological contamination, governmental order, rule or regulation (6including Covid 19 Lockdowns locally, nationally or internationally) global disease pandemics, breakdown of plant or machinery, global or national raw materials or parts shortages or default of suppliers or sub-contractors.
12.1 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, brochures and other marketing material compared to what is delivered. Colour samples may be ordered that show a better representation of the finish of an appliance, but due the finishing process these colours may also differ slightly from the finish on the appliance.
13.1 The Company is committed to safeguarding and preserving the privacy of our customers.
13.2 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.
13.3 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.
13.4 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.
13.6 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.
13.7 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.
14. GOVERNING LAW AND JURISDICTION
14.1 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 your order, then please contact our office on 0191 482 0033 alternatively you can email us on firstname.lastname@example.org