THE ECONOMY RADIATOR COMPANY
TERMS AND CONDITIONS FOR SALE OF GOODS
Please read these terms and conditions carefully. They contain important information about your rights and obligations.
By sending us your order, you agree to be legally bound by these terms and Conditions.
1. In these terms and conditions the following words have the meanings shown:
“We”, “us” “our” The Economy Radiator Company, which is the trading name of MWRAD Ltd (company number 6840556) of Crabtree Hall, Little Holtby, Northallerton, DL7 9LN.
“Products” any radiators, heaters, ancillary or similar products we offer for sale
2. Your order
2.1 We will assume that when placing an order you have provided us with complete and accurate information as required for each Product. We will not be responsible for loss or damage caused by Products incorrectly ordered.
2.2 We are entitled to refuse any order placed by you without being required to give any reason.
2.3 The Products are not for sale to persons resident outside the United Kingdom.
3. Your promises to us
You represent and warrant to us that:
3.1 you are over 18 and capable of forming a binding legal contract.
3.2 the information you provide (including without limitation any delivery instructions and delivery address you provide) is correct and appropriate to the Product you want.
3.3 before sending us your order, you have read and understood the advice and information we have provided about use of the Products, have checked the correct specification of the Products for the use to which they are to be put, and have raised any specific queries with us.
3.4 you are competent to install (or else you will engage the services of an electrician competent to install) the Products.
4. Buying Procedure
4.1 Our contract will be made when we accept your order, which is the point at which full payment becomes due.
4.2 Any times or dates stated for delivery are estimates only. We will use our reasonable endeavours to deliver (or as the case may be, redeliver) the products on any date agreed with you, but do not guarantee to do so. Where we are unable to do so we will use our reasonable endeavours to contact you to arrange a mutually acceptable date on which to attempt re-delivery.
4.3 If the Product you ordered is unavailable for delivery within thirty (30) days of the date of order, we will cancel your order and refund any payment you have already sent us.
4.5 We accept the following payment cards:
5. Order Cancellation and Returns
5 .1 You may cancel the contract up to fourteen (14) calendar days after the day on which you receive the Products for any reason (including if you simply change your mind).
5.2 To cancel the contract you must notify us in writing at the address indicated in clause1 above (or by email to firstname.lastname@example.org). You may use the slip on our order acknowledgement if you wish. Where you cancel the contract, you must contact us for the return of the Products. You must take reasonable care of the Products pending their return.
5.3 If you cancel the contract you must pay the costs of returning the Products to us. If you inform us in writing or by e-mail that you want us to arrange for collection of returned Products there will be a maximum of £25 charge per box for returns from England and Wales (£50 charge per box from Scotland and Northern Ireland). However you do not have to pay the cost of returning any Products which (a) were faulty or (b) not what you ordered.
5.4 While they are in your possession, you must take reasonable care of the Products. You must not install or use any products intended for return to us. All products must be returned to us packaged sufficiently to ensure they are returned in good order, with all the accompanying documents and accessories, suitable for resale. You hereby agree to indemnify us against all costs we incur due to your failure to take reasonable care of products whilst in your possession, or other breach by you of this clause5.4.
5.5 If you return a Product because it is damaged or faulty you must include with the returned Product a written explanation of the fault or damage. If on inspection by our engineers we find that your complaint is not justified, the return will be treated as a cancellation if it is within 14 working days after the delivery date, or in any other case we will, at your option, re-deliver the Product to you at your expense, or retain it for our own use. In either event, you will remain liable to compensate us for the wasted transportation costs.
5.6 The address to which products should be returned, and notice of cancellation or any complaints should be sent is as indicated in clause 1 above.
6. Product information
6.1 We reserve the right to alter, suspend or discontinue any aspect of our Website, brochure or Products.
6.2 We rely upon the information provided to us by the manufacturers of the Products and are usually not in a position to verify that information.
6.3 If you have any queries about any of our Products you should ask them prior to placing your order.
You may not modify or copy our brochure or any software contained in our Product.
8.1 We promise that (a) we have the right to sell the Product to you; and (b) the Product will be fit for any purpose which you have notified to us in writing and which we have confirmed to you in writing prior to your placing the order. This does not affect any statutory right that you may have.
8.2 You promise that you will consider your requirements and check that your order meets your requirements.
9.1 The contract resulting from your order is personal to you. We may, but you may not, assign the contract to a third party.
9.2 Our order acknowledgement and these terms and conditions set out the entire agreement between you and us relating to the subject matter of this agreement and supersede all previous written or other documents save those which are (i) in writing signed by a director on our behalf or (ii) confirmed by a director on our behalf.
9.3 Our contract with you is governed by English law and you agree that disputes relating to the contract or its formation shall be subject to the non-exclusive jurisdiction of the English courts.
9.4 A failure by us at any time to enforce a provision of this contract shall not be deemed a waiver of such provision or of any other provision of this contract or of our right thereafter to enforce that or any provision of this contract.
9.5 A third party who is not a party to this contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this contract.
9.6 The headings to the clauses of this contract shall not affect the construction of this contract.
9.7 In this contract where the context so admits and requires the same the use of the plural shall include the singular and the use of the singular shall include the plural.
Just to say how impressed I am with the efficiency of these radiators. The thermostats and programmes are amazing.C. Clayton