Terms & Conditions
1. Definitions
"Buyer" means the person or company whose Order for the Goods is accepted by the Seller;
"Goods" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms;
"Order" means the Buyer's acceptance of the Seller's Quotation for the Goods or the order placed by the Buyer for the Goods;
"Customised Products" means any Goods ordered by or supplied to the Buyer which have been either custom made or ordered from a third party or tailored to meet specific requirements stipulated by the Buyer;
"Non-Customised Products" means any Goods which are not Customised Products;
"Parties" means the Seller and the Buyer as defined in these Terms;
"Seller" means Floor Heating Online, a trading name of Thermal Reflections Limited (Company number 3840230) and whose registered address is Unit 3, 400 Cromwell Road, Grimsby DN31 2BN;
"Terms" means the standard terms of sale set out in this document and includes any special terms agreed in writing between the Seller and the Buyer;
These Terms govern the sale of the Goods sold by the Seller to the Buyer named on the order form provided on the Seller's website. The completed order form together with the Terms constitutes an offer by the Buyer to buy the Goods from the Seller on these Terms. After receiving the Buyers Order form the Seller may accept the Order by sending confirmation to the Buyer which will then create a legally binding contract between the Buyer and Seller. These terms constitute the entire and only agreement between the Parties in relation to the sale of the Goods. No variation to these Terms shall be valid unless confirmed in writing and signed by both Parties.
2. Price and Payment
2.1 If the Buyer places an Order via the Seller's website the price payable for the Goods will be set out on the website at the time the Buyer places the Order.
2.2 The Buyer shall be responsible for any charges for VAT, carriage and insurance in addition to the price for the Goods as indicated on the Order unless otherwise agreed in writing between the Parties.
2.3 The Seller must receive payment for the total price of the Goods and any applicable charges for VAT, carriage and insurance, before the Order can be accepted unless otherwise agreed in writing.
3. Delivery and Title
3.1 Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order. A signature indicating safe receipt of the Goods will be required on delivery or collection.
3.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
3.3 If the Buyer fails to take delivery of the Goods then, without limiting any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage together with the cost of re-delivery.
3.4 Risk of damage to or loss of the Goods shall pass to the Buyer, in the case of Goods to be delivered at the Buyer's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
3.5 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT, carriage, insurance, storage and delivery.
3.6 Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
3.7 Delivery of the Goods will be not later than 60 days from the date of accepting your order.
4. Availability
The Seller shall endeavour to hold sufficient stock to meet all Orders, however if there is insufficient stock to supply or deliver the Goods already paid for by the Buyer, the Seller shall, at its discretion, supply or deliver a substitute product or refund to the Buyer the price paid for the Goods as soon as possible and in any event within 30 days. If the Buyer wishes to cancel the agreement having received the Substitute Goods these must be returned to the Buyer with 21 days and the cost of returning the substitute Goods will be met by the Supplier.
5. Cancellation and Returns
5.1 The Buyer shall be entitled to cancel the Order for Non-Customised Products by giving the Seller notice of cancellation no more than 7 days of delivery. Such notice must be given by mailing, faxing or emailing to the number or address set out on the website. Cancellations of Orders for Non-Customised Products made within the 7 day period are not subject to any restocking charge.
5.2 On cancellation, the Buyer shall return the Goods to the Seller at its own cost. The Seller will reimburse the purchase price to the Buyer as soon as possible after receipt of notice of cancellation and in any event no later than 30 days from the day that that the notice of cancellation was given. Where the Buyer fails to return the Goods to the Seller the Seller may deduct from the re-imbursement the direct costs of collecting the Goods.
5.3 If the Buyer wishes to cancel an order for Customised Products notice of cancellation must be made within 7 days of placing the Order. Such cancellation shall be subject to the payment of a reasonable fee in respect of any work undertaken by or cost incurred by the Seller up to the date of receipt of such notice.
5.4 If the Buyer wishes to return Goods to the Seller, the Buyer must contact the Seller by fax, email or telephone in order to request a returns reference number. This reference number must be quoted on the returned Goods and a copy of the delivery note or invoice must be enclosed with the Goods.
5.5 Where the Buyer has exercised the right to cancel the contract in accordance with clause 5.1 herein the Buyer must return the Goods to the Seller at his or her own cost. In the event that the Goods are either not returned (and therefore have to be collected by or on behalf of the Seller) or are returned by the Buyer at the expense of the Seller the Seller reserves the right to deduct the direct costs incurred by them from any refund due to the Buyer.
5.6 Where the Buyer returns Goods to the Seller outside the 7 day period, the Seller will only accept unwanted products at its sole discretion within 30 days of delivery. The Goods must be unused and in a saleable condition in their original packaging. Goods returned outside of the 7 day period will be subject to a restocking fee of £15.00 or 10% whichever is the greater.
5.7 The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned in good condition. The Seller reserves the right to charge the Buyer for any Goods returned which fail to comply with this clause 5.7. Goods are not dispatched or sold on a trial or return basis. Risk in the Goods will not return to the Seller until actual receipt of the Goods by them.
5.8 The Seller may cancel the contract if one or more of the Goods ordered was listed at an incorrect price due to a typographical error or an error in the pricing information supplied to the Seller by it's supplier/s.
6. Claims
6.1 The Buyer must ensure that the Goods are suitable for the particular purpose for which they are required. In placing an Order the Buyer acknowledges that it has not been induced by any representation by or on behalf of the Seller which has not been confirmed in writing to or by the Company before the Order is accepted. Should the Buyer effect onward sale or supply to a third party, all products should be delivered in their original packaging, complete with instructions and labelling.
6.2 The Seller shall not be liable for any defect or damage arising from overheating or corrosion other than where a design has been supplied by the Seller and installation/application instructions have been correctly implemented. The Seller shall not be liable in the event that the Buyer's use of the Goods is contrary to any general standards or regulations in force from time to time. Furthermore, the Seller shall not be liable for any defect or damage arising out of improper use or misuse or arising from any application contrary to generally acknowledged practices.
6.3 The Buyer may request the Seller to service Goods supplied by the Seller. If the serviced Goods prove to be free from any defect warranted by the Seller, the Seller reserves the right to charge service fees to the Buyer and the Buyer agrees to pay such service fees to the Seller. Charges for making repairs to Goods not covered by the warranty shall be subject to the Seller's current service fees.
6.4 A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller within 7 days of delivery or, where the defect or failure was not apparent on reasonable inspection, within 7 days of the discovery of the defect or failure but not exceeding 30 days from the date of delivery. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure.
6.5 Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned Goods identify the fault or damage and otherwise inspect the Goods.
6.6 The Seller may replace or repair the Goods or, in its discretion, refund to the Buyer the price of the Goods, in which case the Seller shall have no further liability to the Buyer. If the Goods are found to be in good order without defect they will be returned to the Buyer at the Buyer's cost.
For the sake of clarity and save as precluded by law, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damages or expenses arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer nor is it intended to exclude the Seller's liability to you for fraudulent misrepresentation or for death or personal injury resulting from the Seller's negligence.
6.7 Subject to clause 6.8 the Seller warrants that the Goods will be free from defects in material and workmanship for a period of 12 months from the date of delivery unless otherwise stated in writing.
6.8 The warranty is given by the Seller subject to the following conditions:
6.8.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing or specification supplied by the Buyer;
6.8.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the Buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the Goods;
6.8.3 The Seller shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment;
6.8.4 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller;
6.8.5 The above warranty is given solely to the Buyer and is not transferable to any third party.
7. Images
Product images are for illustrative purposes only and may differ from the actual product.
8. Data Protection & Copyright
8.1 The Sellers use of personal information supplied by or on behalf of the Buyer is governed by our privacy policy.
8.2 Where the Buyer has supplied drawings, images or specifications or like material to the Seller for the purpose of processing the Buyer's Order the Buyer grants to the Seller a royalty free license to use the said media for the stated purpose. The Buyer warrants to the Seller that it has the right to grant the license and will indemnify the Seller in respect of any liability that the Seller may attract to any third party by utilising the media in accordance with the stated purpose.
9. License
The Seller grants you a non-exclusive license to access and use the content in this website for your personal purposes. You may not reproduce or distribute any part of the content for commercial purposes.
You acknowledge that the copyright, database rights and all other intellectual property rights comprised in or relating to this website and in the data it contains belongs to the Seller.
10. Changes to the website
The Seller may at any time make alterations to or withdraw this website or any part of it.
11. Limitation of Liability
The Seller excludes all warranties, express or implied relating to this website. This includes, but is not limited to, any implied warranty that the information it contains is accurate or up-to-date or is suitable for any particular purpose. The Seller shall not be liable for any loss or damage suffered as the result of the use of this website.
Assistance given by means of any Help Desk facility shall be solely at your risk.
12. Specifications
Specifications, indications of performance and other descriptions in the Seller's catalogues, brochures, price lists and advertising material are based on test conditions. Actual performance depends on the power supply, the environment and installation conditions. The Seller does not warrant performance to these specifications in each installation. The Seller varies the specification and modifies Goods as part of regular product development in accordance with the applicable quality standards and provisions resulting in variations of performance specifications and other descriptions.
13. Retention of Title
Any design, drawing, description model, sample and/or the like shall remain the absolute property of the Seller and the Buyer shall, if so requested by the Seller, return such design, drawing, description, model, sample and/or the like to the Seller. The Buyer shall have no right to use or transfer or assign any drawing, description model, sample and/or the like to any third party without the prior written consent of the Seller.
14. Termination
The Seller shall be entitled to suspend further supply or delivery, stop any Goods in transit or immediately terminate the contract with the Buyer by notice in writing if the Buyer is in breach of any obligation hereunder or under any other agreement existing between the Seller and the Buyer or becomes unable to pay its debts when they fall due or proceedings are commenced by or against it alleging bankruptcy or insolvency. Upon termination, all monies owing to the Seller in accordance with these Terms become immediately due and payable and the Seller shall be under no further obligation to supply any Goods to the Buyer.
15. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
16. General
If any part of these Terms is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected.
This website is owned and operated by the Seller and is made available on these terms and conditions. By using the website you accept these terms and conditions. The contract between the Buyer and Seller shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes arising between the Buyer and Seller.
