Terms & Conditions
Terms and
Conditions
Key Information
Your Right to Cancel
o Your
right to cancel your order starts the moment we charge your card and ends 14
days from the day you receive your goods
o If
your order consists of multiple goods, you have 14 days to cancel from the date
you receive the last batch of goods
Returning Goods
o If
you want to return goods for a refund you will need to email us first to get a
return number
o You
have 14 days from receiving your return number to send the goods back to us
o You
will have to pay the cost of returning goods to us
o You
should retain your proof of postage when you send goods back to us
Getting a Refund
o You
will receive a refund within 14 days of cancelling your order
o If
you are returning goods, you will receive a refund within 14 days from the date
we receive the goods back
Interpretation
1.
In this document:
1.1.
‘Basket’ means the electronic
shopping basket to which products on the Website can be added.
1.2.
‘Buyer’ or ‘You’ means the person
or persons and any agents acting on their behalf that have requested the sale
of Goods or have otherwise used Our Website.
1.3.
‘Carrier’ means either Us or the
delivery agent who shall be responsible for delivering the Goods.
1.4.
‘Conditions’ means the Terms and
Conditions set out in this document that will become binding on You and Us once
We accept the Order and agree to the sale of Goods to You.
1.5.
‘Contract’ means the contract
that exists once We accept the Order and agree to the sale of Goods to You.
1.6.
‘Delivery Date’ means the date on
which the Goods are delivered to You.
1.7.
‘Goods’ means any product
available for purchase from the Website.
1.8.
‘Heating Appliance’ means any
product that consumes fuel to produce heat. This includes, but is not limited
to, Gas Boilers, Oil Boilers, Gas Fires, Gas Water Heaters, Gas Wall Heaters.
1.9.
‘Information System’ means a
system for generating, sending, receiving, storing or otherwise processing
electronic communications.
1.10.
‘Order’ means the electronic
order form completed and submitted by You or on Your behalf which contains a
list of Goods and prices (the Basket), Your billing address, Your delivery
address, Your telephone number, and Your email address.
1.11.
‘Order Acceptance’ means the
Order has been verified by Us and Goods can be despatched.
1.12.
‘Order Received Date’ means the date
the Order enters Our Information System for review.
1.13.
‘Our’ implies the ownership of
the Seller.
1.14.
‘Payment’ means the transfer of
funds from You to Us.
1.15.
‘Payment Card’ means the credit
or debit card or other payment system chosen by You to be used as the method of
Payment for the Order.
1.16.
‘Personalised Goods’ means any
products that have been made to measure or have been otherwise altered to any
form of specification.
1.17.
‘Regulations’ means Consumer
Contracts Regulations 2013.
1.18.
‘Rejection of the Order’ means
the Order has been rejected by Us and will not be processed.
1.19.
‘Shipping Charge’ means the
amount charged for any of the following services: order picking, packing
materials, delivery by Carrier.
1.20.
‘Standard Delivery Area’ means
England, Wales, Scotland and Northern Ireland.
1.21.
‘Seller’, ‘We’, ‘Us’ means Sks Ilford Limited, Company Number: 6216887, VAT Number: 331 0384 44, Registered Address:
424-426 Green Lane, Ilford Essex IG3 9LA .
1.22.
‘VAT’ means Value Added Tax.
1.23.
‘Website’ means Our presence on
the Internet, currently accessible via the address https://www.boilersnbits.co.uk/.
1.24.
‘Your’ implies the ownership of
The Buyer.
2.
Reference to any statute or
statutory provisions shall be deemed to include any statutory modifications or
re-enactments thereof or any rules or regulations made there under or any
enactment repealing and replacing the act referred to.
3.
Unless the context otherwise
requires:
3.1.
Words importing the singular
shall include the plural and vice versa;
3.2.
Words importing the masculine
gender shall include the feminine gender and vice versa;
3.3.
References to persons shall
include bodies of persons whether corporate or incorporate.
4.
Unless the context otherwise
requires references to clauses shall be construed as references to clauses of
these Conditions.
5.
Headings are inserted for
convenience only and shall not affect the construction or interpretation of
these Conditions.
6.
Basis of the Sale
7.
By submiting the Order, You enter
into a legally binding Contract with Us. In accordance with the provisions of
the Regulations, You have the right to withdraw from this Contract. Details of
Your right to withdraw can be found in the Cancellation and Return Policy at
Clause 10.
8.
The price of the Goods, the
Shipping Charges and VAT where applicable is set out on the Order.
9.
The quantity, quality and
description of the Goods will be those set out in the Order (if accepted by
Us). Further specification for the Goods shall be those set out in the relevant
pages of this Website.
10.
We shall sell to You, and You
shall purchase only those Goods which You have set out on the Order. We reserve
the right to reject any Order. Unless otherwise agreed in writing each such
sale of Goods will be subject to these the Conditions. The Seller is able to
amend the Conditions upon giving written notice to the Buyer.
11.
We will email You to confirm the
Order details once the Payment Card is authorised for the transaction. This
email does not constitute Order Acceptance. If You do not receive this email
within 1 working day of submitting the Order, We advise You to contact us to
ensure Your details are accurate.
12.
No Order shall be deemed to be
accepted by Us until the anticipated Delivery Date for the Goods has been
confirmed by email.
13.
Order Acceptance is made at Our
sole discretion, but Orders are normally accepted if the Goods are available,
all prices are current, the delivery address is within the Standard Delivery
Area and the Payment Card is authorised for the transaction.
14.
Rejection of the Order shall
exist if Order Acceptance cannot be made. We will contact You in this instance
to advise You of the reasons for rejection and advise any mediating steps.
15.
If We cannot supply any of the
Goods set out in the Order, We may offer You an alternative product. You may
reject the offer of an alternative product, in which case We will refund the
line price plus VAT.
16.
If the price of the Goods
increases after the Order Received Date, We may request further Payment from
You to the value of the difference between the original and amended Order
value. You may cancel the Order if You do not accept the price increase.
17.
Price increases will not affect
accepted Orders.
18.
You shall be responsible for
ensuring the accuracy of the Order, and for giving Us any necessary information
relating to the suitability and delivery of Goods within a sufficient time to
enable Us to perform the Contract in accordance with these Conditions.
19.
You should ensure that You read
these Conditions carefully and check that the Order is complete and accurate
before submitting it. If You think that there has been a mistake then
please contact us.
20.
You or We are entitled to
withdraw from any Contract in the case of inaccuracies regarding the Goods
appearing on the Website.
21.
We reserve the right to make
changes in the specification of the Goods which are required to conform with
any applicable statutory or EC requirements.
22.
No variation to these Conditions
shall be binding upon Us unless and until agreed by email or in writing by Us.
23.
Any error or omission in any
information or document issued by Us shall be subject to correction provided
that the correction does not materially affect the Contract.
24.
Price of Goods
25.
The price of the Goods shall be
the price set out on the relevant page of this Website. We reserve the right to
change the prices set out on this Website at any time and without notice.
26.
The price of the Goods does not
include the Shipping Charge, the terms of which are set out in the Price of
Shipping Clause. This Shipping Charge will be shown on the Order.
27.
The grand total price of the
Order is inclusive of any applicable VAT.
28.
VAT is currently charged at 20%.
29.
The VAT price is calculated on a
per line basis. Every line on the Order is subject to VAT, including any
Shipping Charges.
30.
Price of Shipping
31.
For Orders where the delivery
address falls within the Standard Delivery Area:
31.1.
The Shipping Charge is based on
Fulfilment Channel and varies between Fulfilment Option. The Shipping Charge is
listed clearly by Fulfilment Channel and Fulfilment Option.
31.2.
The Shipping Charge is automatically
calculated on all Orders placed on Our Website.
31.3.
We reserve the right to apply a
surcharge for deliveries made to the following postcode areas: AB, BT, GY, HS,
IM, IV, JE, KW, PA, PH, ZE. The surcharge will be charged at the Carrier’s rate
to deliver to locations within these areas. If You require delivery to any of
these areas We advise You to contact
us for further details before submitting an Order.
32.
We do not currently have a
facility to automatically calculate the Shipping Charge for Orders requiring
delivery to an address outside of the Standard Delivery Area. If You require
delivery outside of the Standard Delivery Area please contact us for
a Shipping Charge quotation. We reserve the right to reject any Order requiring
delivery outside the Standard Delivery Area were the Shipping Charge is not
agreed in writing prior to Payment.
33.
Any change made to the Order may
result in the Shipping Charge being recalculated. The recalculated Shipping
Charge will be borne by Us if the changes made to Order are instigated by Us.
The recalculated Shipping Charge will be borne by You if the changes made to
Order are instigated by You.
34.
The price paid for any
non-standard Delivery Services (for example, but limited to “Express”, “Next
Day, “Nominated Day”) are non-refundable.
35.
The price of re-deliveries (i.e.
any subsequent delivery that is required due to the original delivery not being
completed) will not be bound by this pricing model and will be charged at the
Carrier’s rate.
36.
Promotions
37.
We may offer Promotions such as
Promotional Codes and Special Offers from time to time. All Promotions shall be
bound by these Conditions unless a specific exception is agreed to in writing
at Our sole discretion.
38.
Promotional Codes are codes
recognised by the Basket. To be recognised, Promotional Codes must be valid and
varying conditions must be fulfilled (such as but not limited to the value of
Basket, or certain products being within the Basket). To be valid the
Promotional Code must exist on Our Information System and not have expired
and/or been otherwise terminated.
39.
Special Offers shall be deemed to
include any purchase incentive such as but not limited to reductions in the
price of products or shipping, “buy 1 get 1 free”, quotations or pack offers.
40.
All Promotions have an Expiry
Date. The Expiry Date by default is set at 30 calendar days from the Start
Date. The Start Date shall mean the date on which the Promotion:
40.1.
was first featured in any printed
medium or;
40.2.
was first sent in an email or;
40.3.
was first published on the
internet.
41.
We reserve the right to terminate
any Promotion at any time regardless of the Expiry Date.
42.
Promotions are limited by stock
and/or usage (i.e. the total number of times the Promotion has been applied or
claimed globally) and are offered on a “first-come, first-served” basis.
Promotions will be terminated when stock is depleted and/or usage exceeds the
level set at Our sole discretion.
43.
Individual Promotions are limited
to a single use per household and/or individual.
44.
Only one Promotional Code can be
applied to the Order at any time. The same Promotional Code can only be applied
to the Order once. Once applied, a Promotional Code cannot be changed. Special
Offers will not be affected by Promotional Codes, and vice versa.
45.
Promotions must be claimed or
applied prior to placing the Order. They cannot be claimed or applied to the
Order retrospectively.
46.
Promotions shall not override any
other clause contained within these Conditions.
47.
We are not be obliged to reveal
any current or forthcoming Promotions.
48.
Terms of Payment
49.
Upon providing Us with details of
the Payment Card and submitting the Order:
49.1.
You confirm and undertake that
the information contained within the Order is true and accurate and that You
are duly authorised to use the Payment Card;
49.2.
You authorise Us to deduct from
the Payment Card account the full price of the Goods and all other payments
that may become due to Us under the Contract.
50.
If it is not possible to obtain
full payment for the Goods from Your account We may:
50.1.
Cancel the Order;
50.2.
Suspend any deliveries of Goods;
50.3.
Seek to recover any Goods from
You that have been delivered;
50.4.
Seek to recover the full cost
from You of any Goods that are not recovered or recovered in a condition that
does not permit resale.
50.5.
Seek to recover any monies owed
through our debt collection agency, Sinclair Goldberg Price Ltd. All debt
collection notices will be subject, without exception, to a surcharge of 15%
plus VAT to cover Our costs in recovery, as well as any legal costs incurred in
obtaining settlement.
51.
Where Goods are returned by You
in accordance with Your rights under the provisions of the Cancellation and
Return Policy, We shall credit the Payment Card with the appropriate amount.
52.
Unless solely due to Our
negligence We cannot be held liable for any losses You may suffer. If in any
event the Payment Card is used fraudulently You are entitled to cancel the
payment and be reimbursed by the Payment Card Issuer without being charged for
the loss.
53.
Delivery
54.
Delivery of the Goods shall be
made by the Carrier to the delivery address shown in the Order. It is important
that the delivery address on the Order is accurate. You must check Your
delivery address is accurate on any correspondence You receive from Us.
55.
You will be advised by email of
the delivery date following acceptance of the Order. For this reason, it is
important that Your email address is correct and able to accept incoming mail.
56.
If the delivery date is
unsuitable, You should contact
us as soon as possible and in any event within 2 working days
of delivery of the email to rearrange. We will endeavour to deliver on a date
suitable to You, however if We cannot agree a suitable date this will not
entitle You to treat the Contract as repudiated. Deliveries due within 1
working day of the delivery date cannot be rearranged.
57.
If the Order consists of multiple
Goods and We are unable to make delivery of the whole Order but are able to
deliver part, We will contact You with multiple delivery dates. In this
instance delivery will be said to be made in instalments. Each delivery shall
constitute a separate Contract and any failure by Us to deliver any one or more
of the instalments in accordance with these Conditions, or any claim by You in
respect of any one or more instalments will not entitle You to treat the
Contract as a whole as repudiated.
58.
We will do all that We reasonably
can to meet the date given for delivery or, if no date has been agreed, within
30 days of the Order Received Date. We will endeavour to ensure that all Goods
will be delivered within a reasonable period.
59.
If We fail for any reason within
Our control to fully/partially deliver the Goods any reimbursement shall be no
more than the price of the Goods, together with any delivery and/or reasonable
return costs.
60.
You may be required to sign for
Your delivery. You should ensure that someone will be available at the delivery
address to sign for and check the Goods. We regret cannot give a specific
timeslot that the delivery will arrive. If the delivery is not completed We
will communicate with You and attempt to arrange a new delivery date.
61.
You are asked to check all Goods
on arrival. You should not accept delivery of visibly damaged Goods. If You are
in any way unable to check the Goods, You should sign the delivery document as
“unchecked”. If You notice damage following delivery, You should inform Us
straight away. You will be given a reasonable amount of time to inspect the
Goods.
62.
Heavy or bulky Goods may require
lifting or loading into Your property beyond what Our delivery agents can
provide. You must ensure adequate facilities are available to assist with
lifting or loading if You are expecting heavy or bulky Goods.
63.
You should not arrange to have
the Goods installed until they have been delivered and checked for any damages
or faults. You agree that We will not be held liable for the costs of any works
or installations that You may incur as a result of a late or failed delivery.
64.
We reserve the right to charge
You for re-delivery if the initial delivery attempt fails due to You providing
Us with inaccurate delivery address details or if You are not available to take
delivery. Please refer to Clause 4 for more information.
65.
We or You are entitled to cancel
the Contract in respect of non-performance of obligations in relation to
delivery. If the Contract is cancelled due to non-performance on Our part, We
will refund You any monies already paid by You and any reasonable return costs
incurred by You in accordance with these Conditions.
66.
Installation of Goods
67.
You or any 3rd party employed to
perform installation should not attempt to install visibly damaged Goods as
installation shall be regarded as confirmation that the Goods have been
delivered to You in good condition. This condition does not apply to faults
that could not have been discovered under reasonable inspection prior to
installation.
68.
We will not accept liability for
any Goods damaged during installation by You or any 3rd party.
69.
Following installation, You or
any 3rd party employed to perform installation will be responsible for
identifying, repairing or replacing any problem/fault with the Goods.
70.
Further Information Regarding the Delivery
and Installation of Heating Appliances
71.
Upon delivery of the Heating
Appliance, You should check the external packaging is in good condition and
displays no obvious signs of damage. If the external packaging appears damaged,
You should inform Us straight away. IMPORTANT: As part of your “Duty of Care”
(see Cancellation and Returns Policy) for the Goods, we ask you to not open or
tamper with the external packaging in any way.
72.
Upon delivery of the Heating Appliance,
You should also check the product description on the external packaging matches
the Good’s description on the Order. If You suspect You have been sent the
wrong item, You should inform Us straight away.
73.
When the qualified Heating
Engineer is available, have them check and confirm the Heating Appliance’s
suitability. Only once suitability has been confirmed should the external
packaging be opened. IMPORTANT: Please retain the external packaging until the
Heating Appliance has been confirmed as fully functional. If the Heating
Appliance has to be returned, it will need to repackaged properly to avoid
damage in transit.
74.
The qualified Heating Engineer
should also confirm the Heating Appliance is undamaged and ready for
installation. If the qualified Heating Engineer suspects the Heating Appliance
has been damaged, You should inform Us straight away.
75.
Following installation, Your
qualified Heating Engineer should test and confirm the Heating Appliance is
fully functional.
75.1.
If it is not functional You
should ensure all safety precautions have been taken and inform Us straight
away.
75.2.
Otherwise, You or the qualified
Heating Engineer should register the Heating Appliance with the Manufacturer to
ensure You take full advantage of any extra warranties that are available.
Details of Manufacturer warranty schemes will generally be found with the
Heating Appliance, if You cannot locate them or have any other concerns
please contact us for
assistance.
76.
Cancellation and Returns Policy
77.
Your right to cancel the Contract
starts the moment You place the Order and ends 14 days from the Delivery Date.
78.
If the Order consists of multiple
Goods, you have 14 days to cancel the Order from the last Delivery Date.
79.
To cancel the Order please contact us by
Telephone or Email.
80.
If Goods have been delivered, You
will be required to return them. The following conditions apply in this case:
80.1.
Upon receipt and acceptance of
Your cancellation request will issue You with a Return Number and a Return
Address.
80.2.
The cost and responsibility of
returning Goods to the Return Address shall be borne by You. In the event that
We supply the wrong Goods or damaged Goods to You the cost of returning the
Goods shall be borne by Us.
80.3.
You have 14 days from the date
You are given the Return Number to return Goods to the Return Address. Failure
to return Goods to the Return Address within this timeframe will render your
Return Number as void.
80.4.
You should not attempt to return
Goods to Us or Our suppliers without a Return Number. We cannot accept returns
without a valid Returns Number or at any address other than the Return Address.
Failure to obtain a Return Number will result in delays processing Your
cancellation and may void Your eligibility to return Goods.
80.5.
You have a “Duty of Care” for any
Goods delivered to You. Duty of Care requires that all Goods delivered to You
are returned complete and undamaged with all accessories and instructions
intact. The original packing must also be returned in reasonable condition. You
will be liable for the total price of any Goods that are returned damaged or
incomplete, or that otherwise do not meet the Duty of Care expectation.
81.
We will refund the amount due to
You within 14 days of the Goods being received at the Return Address. You
should keep proof of postage for any Goods sent to Return Address. If You
cancel the Contract prior to the despatch of the Goods, We will refund You
within 14 days of receiving Your cancellation request.
82.
Shipping charges will only be
refunded upon full cancellation of the Order. Part cancellation of the Order
will not entitle You to a proportionate refund of Shipping charges. Any
enhanced Shipping charges (for example but not limited to guaranteed next-day
delivery or overseas delivery fees) are non-refundable.
83.
Exemptions:
83.1.
Your right to cancel this
Contract will not apply in respect of Personalised Goods.
83.2.
We cannot accept returns or any
form of responsibility for Personalised Goods that have been made or altered to
incorrect specifications. You are advised to ensure the accuracy of any
specifications You give to Us.
83.3.
Your right to cancel this
Contract will not apply in respect of Goods with Security Seals that have been
tampered with or broken. Security Seals are present on Goods to protect
consumers and ensure that Goods received are in a factory perfect condition and
pose no risk to security and/or safety. By breaking the Security Seal on Goods
that You have received, You acknowledge that Goods are non-returnable. If in
doubt check Manufacturer guidelines for compatibility before breaking the
Security Seal. This exemption for Cancellation and Returns specifically applies
to the following Goods when Security Seals have been broken or tampered with:
83.4.
Sensitive equipment of a
digital/electronic nature such as Smart Heating Controls with recordable memory
and/or registrable software.
83.5.
Printed Circuit Boards (PCBs)
supplied in electrostatic protective wrapping.
84.
Risk and Property
85.
As soon as the Carrier delivers
the Goods You will be responsible for their condition.
86.
Subject to the provisions of
Cancellation and Return Policy and notwithstanding delivery and the passing of
risk in the Goods, or any other provision of these Conditions, the property in
the Goods shall not pass to You until We have received in cash or cleared funds
payment in full of the price of the Goods.
87.
Warranties and Liability
88.
The Conditions of this Contract
do not affect any additional rights You may have under a manufacturer’s
warranty/guarantee. These are rights given to You by the manufacturer in
addition to Your statutory rights. Any additional rights given to You by the
manufacturer in respect of Goods purchased are not incorporated into this
Contract. For details please refer to the manufacturer’s guarantee provided
with the Goods.
89.
You have statutory rights
regarding the return of defective Goods and claims in respect of losses caused
by any negligence on Our part or Our failure to carry out Our obligations. The
Conditions of this Contract do not affect Your statutory rights. For further
information regarding these rights contact Trading Standards or Citizens’
Advice Bureau.
90.
TIME LIMIT FOR NOTIFICATION OF
CLAIMS:
90.1.
You are asked to examine the
Goods as soon as reasonably possible after delivery. Any claim made by You
based on any defect in the quality or condition of the Goods or their failure
to correspond with specification must (whether or not delivery is refused by
You) be notified to the company within 2 working days from the Delivery Date or
within a reasonable time after discovery of the defect or failure if it was not
apparent on reasonable inspection.
90.2.
Where a valid claim in respect of
Goods delivered is notified to Us within 2 working days of the Delivery Date,
or within a reasonable time if not apparent on reasonable inspection, You are
entitled to reject the Goods and receive a full refund or have the Goods (or
the part in question) replaced free of charge.
90.3.
Any claims made after 2 working
days of the Delivery Date or exceeding a reasonable time of discovery, We shall
at Our sole discretion be entitled to offer You replacement Goods (or the part
in question) free of charge or refund to You the price of the Goods (or a
proportionate part of the price) and We shall have no further liability to You.
91.
Except in respect of death or
personal injury caused by Our negligence We will not be liable under this
Contract for any loss or damage caused by Us or Our agents in circumstances
where:
91.1.
There is no breach of a legal
duty of care owed to You by Us or by any of Our employees or agents;
91.2.
Such loss or damage is not a
reasonably foreseeable result of any such breach;
91.3.
Any increase in loss or damage
resulting from breach by You of any term of this Contract.
92.
In the event that You are using
the delivery address for commercial purposes then no liability for loss of
profits or other economic loss arising out of a breach of this agreement can be
accepted.
93.
Subject to Our obligations, and
Your rights under the Regulations, We shall not be liable to You or be deemed
to be in breach of the Contract by reason of any delay in performing, or any
failure to perform, any of Our obligations in relation to the Goods if the
delay or failure was due to factors that could not be reasonably foretold.
94.
We take the greatest care to
ensure that all information such as (but not limited to) product descriptions,
product specifications, product images, and product prices contained on the
Website are an accurate representation of those supplied by the manufacturer.
Images on the Website are for illustrative purposes only and We cannot
guarantee a perfect representation of the Goods when purchased matching the
images. In the event that Our information is out of date, or found to contain
errors or omissions We shall not be liable to You beyond the terms of these
Conditions.
95.
We have designed and optimised
the Website for Our likely customers. No guarantee is given that it will be
compatible with all operation systems, browsers or computer hardware or
software. To the extent permitted by law, We will not be liable for any losses
caused by any such incompatibility.
96.
We assume no responsibility for
the content or correctness of any hosted manufacturer content such as (but not
limited to) Portable Document Format (PDF) files, product installation guides,
product brochures.
97.
We assume no responsibility for
the content of any other website to which the Website has links.
98.
Waste Electrical and Electronic Equipment
99.
We are pleased to offer a free
recycling service to safely dispose of Your Waste Electrical and Electronic
Equipment (WEEE) on a like-for-like basis when You buy any new Electrical or
Electronic Equipment (EEE) product from Us.
100.
If You would like Us to recycle
Your WEEE, You should notify Us of Your intention to deliver it to Us within 7
days of purchasing new Electrical or Electronic Equipment. If We accept Your
request (products must be like-for-like), We will issue You with Recycle Number
and a Recycle Address where You must return the WEEE.
101.
We cannot accept WEEE without a
valid Recycle Number or at any address other than the Recycle Address.
102.
The cost of delivering WEEE to Us
shall be borne by You. We regret that We cannot offer a collection service at
this time.
103.
You can also safely dispose of
WEEE at Your nearest civic amenity site. To find Your nearest site please
visit www.recycle-more.co.uk.
You can also find more information on the Environment
Agency website.
104.
Force Majeure
105.
We will not be liable or
responsible for any failure to perform or any delay in the performance of Our obligation
under the Contract that is caused by any act, event, non-happening, omission or
accident beyond or outside Our reasonable control (“Force Majeure Event”). It
shall include in particular (but not limited to) the following:
106.
Nuclear, chemical or biological
disasters or contamination
107.
Severe adverse weather conditions
108.
Terrorist attack or threat, war,
riot or civil disturbances
109.
Fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disasters
110.
Inability to use railways,
shipping, aircraft, road, or any other form of public and private transport
111.
Inability to use public or
private telecommunications networks including networks including any loss of
internet service
112.
Interruption or failure of
utility services including but not limited to electric, power, gas and water
113.
The non-performance or delay by
suppliers or sub-contractors
114.
The Acts, decrees, legislation,
regulations or restrictions of any government
115.
Our performance under any
Contract shall be deemed to be fully suspended for the whole period that the
Force Majeure Event continues and We shall have an extension of time for
performance for the duration of that period. We will use Our reasonable
endeavours to bring a Force Majeure Event to a close or to find a solution by
which Our obligation under the Contract may be performed despite. If the Force
Majeure Event continues for more than 7 days and is likely to continue
thereafter, We may cancel the Contract.
116.
Entire Agreement
117.
The Contract including these
Conditions and any document expressly referred to in them constitute the whole
agreement between You and Us and supersede all previous discussions,
correspondence, negotiations, pervious arrangement, understanding or agreement
between Us relating to the subject matter of the Contract.
118.
Both You and Us each acknowledge
that in entering into the Contract that neither You or Us relies on, or will
have any remedies in respect of, any representation or warranty (whether made
innocently or negligently) that is not set out in the Contract or the documents
referred to in them.
119.
Both You and Us each agrees that
Our only liability in respect of those representations and warranties that are
set out in this Contract (whether made innocently or negligently) will be for
breach of Contract.
120.
Nothing in this clause limits or
excludes any liability for fraud or, where You are acting as a consumer, Your
rights under law as a consumer.
121.
Waiver
122.
If We fail during the terms of
the Contract to insist on the strict performance of any of Your obligations
under the Contract, or if We fail to exercise any of the rights or remedies to
which We are entitled under the Contract, this will not constitute a waiver of
such rights or remedies and will not in any way relieve You from compliance
with such obligations. A waiver by Us of any default will not constitute a
waiver of any subsequent default. No waiver by Us of any of these Conditions
will be effective unless it is expressly stated to be a waiver and is
communicated to You in writing.
123.
Law and Jurisdiction
124.
We will try and solve any
disagreements quickly and efficiently. If You are not happy with the way We
deal with any disagreement and You want to take court proceedings You must do
so within the United Kingdom.
125.
Any dispute or claim in respect
of the Contract or other non-contractual disputes or claims will be governed by
English Law and subject to the non-exclusive jurisdiction of the Courts of
England and Wales.
126.
If any provision of these
Conditions is held by any court or competent authority to be invalid, unlawful
or unenforceable in any jurisdiction in whole or in part, it will not affect
the validity or enforceability of the other provisions of these Conditions and
the remainder of the provision in question shall not be affected nor will it
affect the validity, lawfulness or enforceability of that provision in any
other jurisdiction.
127.
No term of the Contract is
intended to confer a benefit on, or be enforceable by, any person who is not a
party to the Contract (whether under the Contracts (Rights of Third Parties)
Act 1999 or otherwise).
128.
Communications
129.
If You have any questions or if
You have any complaints, please contact
us. You can contact
us by telephoning Our Customer Support Team on 0208 590 6749
or email at info@boilersnbits.co.uk. If You wish to contact Us in writing,
please send your correspondance by pre-paid post to at 424-426 Green Lane,
Ilford Essex IG3 9LA. If We have to contact You or give You notice in writing,
We will do so by email, by hand or by pre-paid post to the address You provide
to Us in the Order.
130.
Any communication sent
electronically by email or otherwise:
130.1.
Will be deemed to have been sent
once it enters an Information System outside the control of the originator of
the message;
130.2.
Will be deemed to have been
received by the intended recipient at the time that in a readable form it
enters an Information System which is capable of access by the intended
recipient;
130.3.
Will be deemed to have been
dispatched in the case of a business at its principal place of business and in
the case of an individual where he or she ordinarily resides;
130.4.
Will be deemed to have been
received in the case of a business at its principal place of business and in
the case of an individual where he or she ordinarily resides.
130.5.
To protect Your own interests You
should ask for a delivery receipt for any such and retain a hard copy of that
delivery receipt and the original correspondence.
131.
Any communication sent by post
will be deemed received by the intended recipient three days following mailing
where sent by first class post or five days after mailing where sent by second
class post.
132.
Privacy
133.
We will not pass Your personal
information on to any third party other than in cases where it is required by
law or for Us to reasonably perform Our duties as set out in these Conditions.
We will use Your personal data to:
133.1.
Provide the Goods;
133.2.
Process Your Payment;
133.3.
Inform You of Our special offers
and promotions.
134.
If You do not wish to receive Our
special offers and promotions You can unsubscribe at any time by following the
link provided on the email marketing material.
135.
This Website uses Cookies.
Details of these can be found in Our Cookie Policy.
136.
Copyright
137.
The content of this Website is
copyright protected and reproduction or storage of any of this Website’s
content is strictly prohibited without consent from Us.