Terms & Conditions
Welcome to Heating Spares Website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy & Returns Policy govern Heating Spares relationship with you in relation to this Website. The term "Heating Spares Ltd" or "HSL" or "us" or "we" refers to the owner of the Website. The term "you" refers to the user or viewer of our Website. |
(1) INTRODUCTION These terms and conditions govern your use of our website. By using our website, you accept these terms and conditions in full and you are agreeing to comply with and be bound by these terms and conditions of use, which together with our privacy policy and returns policy govern HSL’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website. You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy. (2) PRIVACY POLICY (3) ORDERING FROM US You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. We may refuse to accept an order: (a) Where goods are not available; (b) where we cannot obtain authorization for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions. (4) DELIVERY POLICY (5) SHORTAGES/DAMAGES Shortages/damages in your order MUST be notified to us in writing within 24 hours of receipt. Failure to notify us within 24 hours of receipt will be deemed as having received your complete order. (6) PRICING Our prices are EXLUDING VAT. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. We DO NOT store your credit card details on our servers. All details held and processed by Paypal or Payment Sense. Should you choose to pay for the Service using a Credit Card, your credit card details are not stored by us and cannot be used by our staff. (7) BACK ORDERS If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait. (8) PARTS IDENTIFICATION It is the duty of the Buyer to order the correct part. The seller shall deliver the part ordered and accepts no responsibility for inaccurate advice supplied by a third party to the Buyer in the identification of the part required, whether through commercial recommendation or technical diagnosis. We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error (e.g. the price or description of a product you have ordered) we may cancel your order at any time up to the point we send you the product(s) (even if you have received your order confirmation email). If we do cancel your order, you will receive a full refund of any charges already paid. Whilst we endeavour to ensure that the information on this Website is correct, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements. We suggest you seek the advice of a qualified and competent professional for all work carried out. (9) RETURNS POLICY (10) Licence to use website Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: (a) Republish material from this website (including republication on another website); (b) Sell, rent or sub-license material from the website; (c) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (d) Edit or otherwise modify any material on the website; or (f) Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter) (11) Acceptable use You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spy ware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. (12) Restricted access Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation. (13) Limited warranties We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date, nor the suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. All images are supplied for reference purposes only. All dimensions and capacities stated are approximate. Consistent with Heating Spares policy of continual improvement, the right is reserved to amend product specifications without notice. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). (14) Limitations and exclusions of liability Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details. We will not be liable to you in respect of any special, indirect or consequential loss or damage, for example: We will not be liable engineer’s costs in the unlikely event a part arrives late or is faulty and need to be returned. (15) LINKS TO AND FROM OTHER WEBSITES Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of the Heating Spares logo (b) you do not create a frame or any other browser or border environment around this Website; (c) you do not in any way imply that we are endorsing any products or services other than our own; (d) you do not misrepresent your relationship with us nor present any other false information about us; (e) you do not otherwise use heating spares trademarks displayed on this Website without our express written permission; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate. (16) Indemnity You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. (17) Breaches of these terms and conditions Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. (18) Variation We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version. (19) Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. (20) Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. (21) Exclusion of third party rights These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party. (22) Entire agreement These terms and conditions, together with our privacy policy and returns policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. (23) Law and jurisdiction These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales. (20) Our details The full name of our company is Heating Spares Our registered address is Heating Spares Ltd. Energy House Vale Drive Oldham Greater Manchester OL9 6TH You can contact us by email to sales@heatingspares.co.uk |