Terms & Conditions
We have detailed below the terms and
conditions on which Direct Heating Supplies supply the products
(“Products”) that are sold on our website directheatingsupplies.co.uk
and directheatingsupplies.com to you. We would advise that you take time
to understand our terms and conditions before you register or order on
the website and would remind you that you will be bound by our terms and
conditions at the point you order any Products from Direct Heating
Supplies, visit, browse or use the website.
DEFINITIONS
“directheatingsupplies.co.uk”
and “directheatingsupplies.com” is a website that is operated by Swale
Heating Limited, who are registered in England and Wales under company
number 1076034 and whose registered office address is Heard Way,
Eurolink Industrial Estate, Sittingbourne, Kent, ME10 3SA. Our VAT
number is 204 984849
“Terms and Conditions” are the terms and conditions which apply to you
“Website” is www.directheatingsupplies.co.uk and directheatingsupplies.com
“Seller” is Direct Heating Supplies
“Buyer” is a visitor to the site
“Products” are the goods sold on our website
“Contract” is the contract between us for the supply of products on our website
1. CONDITIONS OF SUPPLY
In
all cases, the supply of products by directheatingsupplies.co.uk shall
be subject to and conditional upon acceptance to the following terms and
conditions which shall apply notwithstanding any purported waiver,
expressed or implied, by or on behalf of the seller. In any case where
there is conflict between these conditions and any terms proposed by the
buyer then the Direct Heating Supplies terms and conditions shall
apply. Any variation to the terms and conditions must be agreed in
writing by Direct Heating Supplies and will be at our sole discretion.
2. GOODS IN TRANSIT
Any
responsibility for any damage to or loss of goods in transit prior to
the passing of the risk will only be accepted by Direct Heating Supplies
if the buyer notifies us within 24 hours of delivery in the case of
damage, loss of product or non-delivery. This will be subject to
reasonable inspection and verification by the seller that the claim is
bona fide and reasonable. It will be the Seller’s sole discretion to
accept any claim and reference will be made to any delivery notes that
have been received or signed and any instance where goods have been
accepted but not examined or signed for. In such cases where products
delivered have not been signed for by the Buyer then we reserve the
right to not accept liability.
In the instance that any product we
supply is faulty or damaged upon receipt, we will exchange the product
as soon as possible, and arrange for collection of the damaged/faulty
product. Direct Heating Supplies is not liable for damage caused to
products during installation or faults/damage after a product is
installed or used. Standard manufacturer’s warranties remain unaffected.
The company is not liable for any further costs incurred by heating
engineers, plumbers or electricians for any further work required for
unwanted, misused, damaged, lost, late or faulty products.
3. CARDS ACCEPTED
Mastercard, Maestro, Visa, Electron, Solo. We do not currently accept American Express.
4. RISK AND TITLE
The
products will become the Buyer’s risk at the point of delivery to the
buyer’s premises or delivery location. For the avoidance of doubt, the
title of products supplied and ownership shall remain with us until full
payment has been received by Direct Heating Supplies for all monies due
in respect of the goods supplied and all relevant payments have cleared
in our relevant bank account. This shall include all delivery and extra
charges that may apply.
5. PRICES
The
price of all products sold will be the price that is quoted on the
website. We shall update these prices from time to time and reserve the
right to adjust prices at any time due to supplier price changes,
taxation influences, sales or promotions. In the case of pricing errors
we reserve the right to cancel any orders placed and refund the buyer.
In such cases we will contact the buyer to inform them. This will be at
any stage prior to despatch and will be at our sole discretion. All
prices quoted by Direct Heating Supplies are subject to alteration at
our sole discretion. Any price changes will not affect any orders where
we have already provided confirmation that the products will be
despatched. All prices quoted on the website are exclusive of VAT
(unless shown otherwise). VAT shall be charged on invoices at the rate
in force. The tax status of the buyer shall be a matter between the
buyer and the appropriate tax authority. No variations or discretion
will be shown for any reason.
6. YOUR ACCOUNT, PASSWORD AND DETAILS
At
any time you may register with us by following the prompts on the
website. You undertake that all information provided at the point of
registration is true and accurate and you must inform us promptly of any
changes to the information provided. The responsibility for maintaining
the confidentiality of your account and password rests solely with you
and you are also responsible for restricting access to your computer or
device to prevent unauthorised access to your account. We cannot be held
responsible for any breach of security and you agree to accept
responsibility for all activities that occur under your account or
password. You shall ensure that the password is kept confidential and
secure and should inform us immediately if you have any reason to
believe that your password has become known to anyone else, or if the
password is being, or is likely to be, used in an unauthorised manner
that would cause any harm, cost or inconvenience to Direct Heating
Supplies. You must not misrepresent your identity in any way including
all information provided either electronically or verbally to Direct
Heating Supplies and its staff.
7. YOUR STATUS
By
placing an order with Direct Heating Supplies you warrant that you are
legally capable and authorised to enter into binding contracts, and that
you are the owner of any credit or debit card used. You also warrant
that you are placing your order within the British mainland and require
your ordered products to be delivered within this geographical location.
8. THIRD PARTY POLICY
The
content, materials and information displayed anywhere on the whole
Website may be provided or posted in some cases by third parties. Where
this happens we make clear that we are not the originator of any content
regardless of the status of the representative or provider. Any third
party content is the sole responsibility of the party who provided the
content and we shall not be held liable in any way. We are not
responsible for the accuracy, propriety, or legality of any such content
and accept no liability relating to the use of any content in any way.
We
may from time at our discretion allow you access to content, products
or services offered by third parties through hyperlinks to third party’s
websites. You are advised to read such websites’ terms and conditions
and privacy policies before using them. You acknowledge that we have no
control over third party websites and cannot accept liability for any
content, materials or use of such material.
9. BACK ORDERS
If
for any reason and item is out of stock, or cannot be obtained with a
reasonable time, we will endeavour to place the item on back order using
the fastest supply methods we can. We will inform you by email or
telephone of such an instance within 72 hours of your order. You have
the right to cancel, amend or continue with the order. We will keep you
updated as much as possible throughout any outstanding back orders.
10. PRODUCT INSTALLATIONS
We
advise that no customer should pre-book and an engineer, plumber or
builder to install any products, until the goods have been received and
inspected. The company is not liable for any incurred costs, lost hours,
or overcharges, should they arise due to late, damaged or lost goods in
transit.
11. ALTERNATIVE PRODUCTS
We
reserve the right, at our sole discretion, to supply a product of
alternative specification from that detailed on the website. In such
cases every effort would be made to supply a product of at least the
same quality with no adverse consequence to the customer and at the same
price. This does not affect the Buyer’s right to return products to
Direct Heating Supplies in accordance with our terms and conditions.
12. FORMATION OF CONTRACT
After
you place an on-line order, or place an order verbally over the
telephone during which we have taken a card payment from you, or
accepted an order based on an agreed credit limit, you will receive an
email from Direct Heating Supplies that acknowledges we have received
your order. Your order to us is an offer to buy the products ordered but
we reserve the right at this point to refuse the order at our sole
discretion. Any such refusal would be confirmed to you by email. The
Contract will only relate to the products which we refer to and confirm
in our confirmation. We reserve the right to provide links on our
website to the websites of other group related companies however we
cannot provide any undertaking that any products that are purchased from
other websites will be of satisfactory quality or delivery. In such
cases you will be bound the terms of the relevant seller’s website terms
and conditions of supply.
13. CONSUMER RIGHTS
Direct
Heating Supplies at all times operates within the law and under UK
consumer law. If you are contracting as a consumer then you may cancel a
Contract at any time within 14 days, which starts on the day after you
receive the Products. In this case, you will receive a full refund of
the price that you paid for the Products in accordance with our Refunds
Policy (set out in Clause 14 below).
To cancel a contract within the 7
day period you must inform us in writing or by email and return the
product to us immediately. Any products that are returned for which you
wish to claim a refund must be in the same condition to that which you
received them and they must be in their original packaging along with
all associated paperwork, instructions, warranties and components.
14. REFUNDS POLICY
Direct
Heating Supplies makes every effort to be flexible in meeting our
customers’ requirements. If you return a product to us then we will
closely examine the product that has been returned and provided that we
are satisfied with the condition and packaging of the product in
question then we will either replace the item if it has been returned
due to a defect, or we will provide you with a refund. The refund will
be paid generally in the same method as you paid for your original order
and we will make every effort to refund your money promptly. We will
not be liable for any interest accruing on payments refunded. Should
you claim that any delivery is short of the stated number of items
ordered then you must notify us within 24 hours of the date of delivery.
In the event that we do not receive notification then we will hold no
liability and you will be bound by the contract and liable to pay in
full for the products delivered.
15. WAIVER
If
we fail during the terms of the Contract to insist on the strict
performance of any of your obligations under the Contract or any of
these terms and conditions, or if we fail to exercise any of the rights
or remedies to which we are entitled under the contract, this shall not
constitute a waiver of such rights or remedies and shall not in any way
relieve you from compliance with such obligations. A waiver by Direct
Heating Supplies of any default shall not constitute a waiver of any
subsequent default. No waiver by us of any of these terms and conditions
shall be effective unless is expressly stated to be a waiver and is
communicated to you in writing in accordance with the clause on Written
Communications.
16. SEVERABILITY
If
any of these terms and conditions or any provisions of a Contract are
determined by any legal body or qualified agency to be invalid, unlawful
or unenforceable, such term, condition or provision will to that extent
be severed from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted by law.
17. DELIVERY AND AVAILABILITY OF PRODUCT
The prices displayed on this website are for UK Mainland locations, and exclude the following UK Destinations:
Northern Ireland, Isle of Scilly, Channel Islands, Scottish Highlands and Islands, Isle of Wight, Isle of Man
If
you live within any of the above areas, we insist you email or call us
so we can provide accurate shipping charges to your destination. We
reserve the right to postpone, cancel or refund any order where
incorrect delivery has been chosen during checkout.
All other UK Mainland destinations will incur the following delivery rates:
Orders below £200+VAT = £6.50 + VAT
Orders above £200+VAT = FREE
We
only ship to the registered cardholders address only. This helps to
prevent fraudulent purchases and transactions. In special
circumstances, we reserve the option to offer an alternate delivery
address to customers as our discretion.
We process and handle all
orders the same day up until 5:30pm Mon-Fri. Goods are typically
dispatched within 3-5 working days, and arrive at their destination
within 3-5 days from the date of purchase. A member of staff will
contact you via email or telephone to confirm your order and establish a
convenient delivery day. It is expected that someone will be in to
accept the delivery on the day we specify. Failure to attend delivery
will result in delays, and in worst cases, goods returned to us.
Deliveries can be made between 8am-6pm Mon-Fri, excluding Bank Holidays.
We regret we are currently unable to provide specific delivery times.
Delivery dates are approximate. Upon arrival, all goods must be
inspected carefully for damage, and signed for appropriately.
Please
be aware for large and heavy goods such as boilers, that you have
adequate space to receive and handle the goods in a safe manner. In such
instances, we insist that at least 2 people handle/carry the item(s).
In
the case where received goods are incorrect and differ from the order
placed, we will arrange for collection of the item(s) at our expense and
arrange for replacement (s) where appropriate.
Direct Heating
Supplies will under no circumstance accept any liability for any loss,
damages or expenses arising from the late delivery of goods by Direct
Heating Supplies, its agents or its agents’ carriers due to any cause
whatsoever. Any delivery time or date for despatch or delivery date
which we may specify is accordingly an estimate only and thus should not
be relied upon although we will make every reasonable endeavour to
deliver promptly. Should a specific delivery time be required then
Direct Heating Supplies will try to accommodate this request but may
have to charge an additional carriage rate to cover any cost associated
with such a request. We cannot guarantee that any request will be met
and shall accept no cost or liability associated with any failure to
deliver to a specific time. Where Direct Heating Supplies uses a courier
or delivery agent we cannot be held responsible for any damage,
inconvenience or obstruction caused by the agent on the client’s
premises. We reserve the right to refuse delivery to any address other
than that registered with the card holder. We will not delivery to
postal address boxes or addresses not recognised by Royal Mail.
18. PAYMENT
Payment
is due at the point of order by a valid debit or credit card for all
online and telephone orders unless agreed otherwise between the parties.
For all other transactions which may include instances where the goods
are supplied on credit or BACS payment, the terms shall be cleared
payment within thirty days from the date of our invoice unless otherwise
specifically agreed in writing between Direct Heating Supplies and the
buyer. We reserve the right to refuse to process orders where we believe
that there may be card fraud, misrepresentation or any other form of
abuse.
Any failure on the part of the buyer to pay our invoices in
the time stated may result in Direct Heating Supplies taking appropriate
action to recover the debt, or suspension of the buyer’s authority to
purchase goods or services from us, or a claim from Direct Heating
Supplies being pursued to recover such interest on the outstanding debt
as may be appropriate. We reserve the right to pursue repossession of
the goods provided.
19. LAW AND JURISDICTION
Contracts
for the purchase of products through our website will be governed by
English Law. Any dispute that arises from, or is related to such
Contracts shall be subject to the non-exclusive jurisdiction of the
courts of England and Wales.
20. ENTIRE AGREEMENT
These
terms and conditions and any document that is referred to in them shall
represent the entire agreement between the Direct Heating Supplies and
the seller in relation to any matter connected to the contract, and it
shall supersede any prior agreement between us. Both parties acknowledge
that in entering into a Contract that neither party has relied on any
form of representation, undertaking or promise given by the other and
that nothing may be implied from anything said or written in
negotiations between us prior to such Contract except as expressly
stated in these terms and conditions.
21. TRANSFER OF RIGHT AND OBLIGATIONS
The
Contract between the Direct Heating Supplies and the Buyer is binding
on both parties and all respective successors and assigns. The Buyer may
not transfer or assign or change or dispose of a Contract or any of the
Buyer’s right or obligations arising under it without the express and
prior written consent of Direct Heating Supplies. We may transfer or
assign or change or dispose of a Contract or any of our rights or
obligations arising under it at any time during the terms of the
Contract at our discretion.
22. LIABILITY
Direct
Heating Supplies agrees that any products that you purchase from us are
of satisfactory quality. However our liability in connection with any
Product that is purchased from us is strictly limited to the purchase of
that product and that this does not include or limit in any way our
liability for: death or personal injury caused by our negligence; under
section 2(3) of the Consumer Protection Act (1987); for fraud or
fraudulent misrepresentation; for any matter for which it would be
illegal for us to exclude, or attempt to exclude, our liability. We
expressly state that we can accept no liability for any loss of income
or revenue, loss of business, loss of profits or contracts, loss of
anticipated savings, loss of data, waste of management or office time or
for any indirect or consequential loss or damage of any kind however
arising nor whether caused by tort (including negligence), breach of
contract or otherwise, even in the event that this was foreseeable. We
also cannot be held responsible for any loss or corruption of data or
information. In all cases, notwithstanding the above terms and
conditions, our total liability shall be limited to £99.
23. NOTICES
All
Notices provided by the Buyer must be given to Direct Heating Supplies
at Heard Way, Eurolink Industrial Estate, Sittingbourne, Kent, ME10
3SA, or by email to info@directheatingsupplies.co.uk. We may give
notice to you at either the email or postal address you provide to us
when placing an order, or in any of the methods specified in the clause
relating to Written Communications. Notice will be deemed to be received
and properly served immediately when posted on our website, 24 hours
after an email has been sent or 3 days after the date of posting any
letter. In proving the serving of the notice, it will be deemed
acceptable to prove, in the case of a letter, that such letter was
properly addressed and sent in the post and in the case of email that
the email was sent to the correct email address of the addressee
24. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
Direct
Heating Supplies has the right to revise and change these terms and
conditions from time to time, at its sole discretion by amending this
page or by communicating with you in writing or electronically. The
buyer shall be subject the terms and conditions that are in force at the
time you order products from our website. The only exceptions will be
where we are required to change our terms and conditions by law or
governmental authority in which case it will apply to orders previously
placed by you, or in the case that we notify you of the changes to our
terms and conditions before we provide despatch confirmation. In such
cases we will assume that you have accepted the changes unless you
notify us in writing within 3 days of the products being delivered.
25. WRITTEN COMMUNICATIONS
UK
applicable laws will, from time to time, require Direct Heating
Supplies to send you information or communications in writing. By using
our website you agree that communications with Direct Heating Supplies
will be electronic and that we will contact you by email or provide you
with information by posting notices on our website. In respect of the
Contract between us, you agree to the above mentioned electronic means
of communication that we provide to you electronically and you agree
that all contract, notices, and all other communications that we provide
to you electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights in any way.
26. FORCE MAJEURE
Direct
Heating Supplies cannot be held responsible for any failure to perform
or any delay on our performance or obligations under this contract that
is caused by events that are outside our reasonable control. Such a
Force Majeure Event includes any act, event, non happening, omission or
accident beyond our reasonable control. It shall include in particular
(and not limited to) the following: nuclear, chemical or biological
disaster or contamination; adverse weather conditions; strikes, lock
outs or any form of industrial action; terrorist attack or threat, war,
riot or civil disturbance; fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster; inability to use
railways, shipping, aircraft, road, or any other form of public and
private transport; inability to use public or private telecommunications
networks or the non performance of suppliers or sub contractors and
interruption or failure of utility services including but not limited to
electric, power, gas and water; the acts, decrees, legislation,
regulations or restrictions of any government. We also specifically
cannot be held responsible for any loss of internet service whether this
is in connection with the Website’s server or the server used by a
Contributor or Administrator or user. 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 a full extension of time
for performance for the duration of that period.
27. PRIVACY POLICY
We
never disclose customer information to third parties, but may, on
occasion need to pass name and address details to suppliers or
manufacturers for the dispatch or replacement of goods.
We never sell
or disclose customer details to mailing lists, agencies, or other third
parties not related to any current order with have with us. We may on
occasion choose to use your information for promotional purposes to let
you know about offers, promotions or news about our company or other
companies within our group of companies. This may be in electronic or
printed media. You may opt out to not receive this information by
contacting us. All information is collected lawfully, securely, and in
accordance with the data protection act 1998. Our full Security and
Privacy policy is set out in Clause 33 below.
28. CREDIT CARD AND DATA SECURITY
All
orders passed through our website are done so via highly secure SSL
encryption, to ensure your data is safe. Our chosen payment gateway
provider is Secure Trading, one the UK’s most trusted payment providers.
Secure Trading currently offers a level of encryption that is stronger
than from any other Payment Service Provider. All communication within
the Secure Trading system is strongly encrypted using 2048-bit
Public/Private Key encryption with variable 168-bit session keys. This
is many more times secure than standard browser SSL security. If you
have concerns over your data or credit card security, please call us on
0800 181 4488. For your security, never email any credit card details to
us, and we will never contact you to ask for your card details.
29. SUSPENSION AND TERMINATION
We
reserve the right at our sole discretion, whether there has been a
breach of our Terms and Conditions through your use of the Website, to
suspend or terminate your account and use of our website. When a breach
has occurred, we may take action which may include: immediate,
temporary or permanent withdrawal of your right to use the Website
and/or closure of your account; legal proceedings against you for
reimbursement of all costs on an indemnity basis (including, but not
limited to, reasonable administrative and legal costs) resulting from
the breach; disclosure of such information to law enforcement
authorities as we reasonably feel is necessary. Should we suspend or
terminate your account then all other terms and conditions will still
remain in force.
30. WEBSITE PERMISSIONS
When
browsing, shopping or logging into our website it is expressly agreed
that we retain full ownership and intellectual property over the whole
site and its entire content. No use of materials, content, code or any
other relevant information may be used in any manner without our prior
consent in writing. You may not link our website to any other site
without our prior consent in writing.
31. WEEE Regulations
The
Waste Electrical and Electronic Equipment (WEEE) Directive is now UK
law. The legislation aims to make producers pay for the collection,
treatment and recovery of waste electrical equipment. The regulations
also mean that suppliers of equipment like high street shops and
internet retailers must allow consumers to return their waste equipment
free of charge. The amount of WEEE we throw away is increasing by around
5% each year, making it the fastest growing waste stream in the UK.
Much of the UK’s WEEE ends up in landfill, where the lead and other
toxins it contains can cause soil and water contamination. This can have
a harmful effect on natural habitat, wildlife and also human health.
Many electrical items that we throw away can be repaired or recycled.
Recycling items helps to save our natural finite resources and also
reduces the environmental and health risks associated with sending
electrical goods to landfill. Distributors of new Electric and
Electronic Equipment (EEE) have a part to play in reducing the amount of
WEEE going into landfill sites. Discount Heating Ltd is obliged under
these regulations to offer our customers free take-back of their WEEE on
a like-for-like basis when they buy a new Electrical or Electronic
product from us. For example, if a new electric fire was purchased from
us we would accept your old electric fire and prevent it going into a
landfill site by disposing of it safely. Customers must return their
WEEE item (at their own expense) to us within 28 days of purchasing
their new item. Under the WEEE Regulations, all new electrical goods
should now be marked with the crossed-out wheeled bin symbol shown.
Goods are marked with this symbol to show that they were produced after
13th August 2005, and should be disposed of separately from normal
household waste so that they can be recycled.
32. RETURNS
For
unwanted items, or items ordered in error: goods must be returned in an
unopened, unused and resalable condition; goods will be returned at a
cost to the customer; refund(s) will be issued in full or in part,
dependant on an inspection upon receipt; replacement items will be
offered if required, at further delivery cost to the customer
For
items which are incorrect, damaged, or faulty upon receipt; damaged
goods need to be advised to us within 24 hours from receipt; we will
arrange for collection from your premises at a cost to us; a refund/part
refund or replacement will be offered, pending an inspection upon safe
return to us or designated supplier/manufacturer; we reserve the right
to not issue a refund if no faults or damage is found. When you return a
product to us outside the 7 day returns period, other than where the
product is damaged or defective on delivery, we may charge a re-handling
fee of up to 35% of the value of the product.
33. SECURITY & PRIVACY
Direct
Heating Supplies are committed to protecting your security and privacy
and we take particular care to ensure that your credit and debit card
transactions are secure. All orders passed through our website are done
so via highly secure SSL encryption, to ensure your data is safe. Our
chosen payment gateway provider is SecureTrading, one the Uk’s most
trusted payment providers. SecureTrading currently offers a level of
encryption that is stronger than from any other payment service
provider. All communication within the SecureTrading system is strongly
encrypted using 2048-bit Public/Private Key encryption with variable
168-bit session keys. This is many more times secure than standard
browser SSL security. If you have concerns over your data or credit card
security, please call us immediately on freephone 0800 181 4488 and let
your card issuer know. For your security, never email any credit card
details to us, and we will never contact you to ask for your card
details. Our full Privacy Policy is listed on our site.