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.
“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,
Registered in the UK for VAT : 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. 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 £50 Ex VAT = £4.58 +VAT (£5.50 Inc VAT)
Orders of £50 Ex VAT and above = FREE
For boilers and appliances we can only ship to registered cardholders address only. This is a card security measure to prevent fraudulent purchases and transactions. Orders are reviewed upon receipt and inspected by a member of staff, we reserve the right to cancel/refund orders if they fall outside of this rule. In special circumstances, we reserve the option to offer an alternate delivery address to customers at 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. For boiler and appliance orders, 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 and radiators, 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 dispatch 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 endeavor to deliver promptly.
Should a specific delivery time be required then Direct Heating Supplies will try to accommodate this request but may 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 deliver to postal address boxes or addresses not recognised by Royal Mail.
Direct Heating Supplies are not liable for disposal, retrieval, or charges incurred in disposing of transit packaging. Goods delivered with transit packaging are to protect your purchase, the buyer agrees to dispose of the surrounding packaging, polystyrene, packing crate, pallet or similar devices of their own accord.
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.
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 : BOILERS & HEATING APPLIANCES : DELIVERY AND INSPECTION
Upon receipt of a boiler or other domestic heating appliance, such as water heater, fire or fireplace, you are required to inspect the external packaging is in good condition and shows no obvious signs of damage externally. If you discover the external shipping packaging appears damaged, please inform the delivery driver or ourselves straight away.
Upon receipt of a heating appliance you should immediately check the description on the packaging and paperwork matches what you have ordered. If you suspect the goods received to be incorrect or not matching your order or paperwork, please contact us immediately.
We insist no packaging on any heating appliance is opened, or goods removed from packaging until a qualified heating engineer has confirmed suitability, accuracy and specification is correct for installation. This measure ensures if for any reason you need to return an appliance, you are ensuring the goods are coming back in an unused and suitable condition. We cannot accept returned appliances with open, damaged or defaced packaging or parts or accessories missing.
Installation should only take place once a qualified heating engineer is satisfied that the appliance is correct, fit for purpose and undamaged. If it is discovered that goods are damaged, please do not attempt installation and contact us immediately.
Please retain all packaging from your consignment during and after your installation. If for any reason goods maybe faulty or need to be returned, we must receive goods back with all original packaging, contents & accessories in good condition with due care made to package to a standard in which the goods were received.
11. PRODUCT INSTALLATIONS
We advise that no customer should pre-book and an engineer, plumber or builder, or book time off work or make special allowances 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.
12. 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.
13. 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.
14. 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 14 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. Refunds on returned goods, once passed inspection, will be made within 14 days. Within this period we insist no product is installed, used or programmed.
15. REFUNDS & EXCHANGE POLICY
Direct Heating Supplies makes every effort to be flexible in meeting our customers’ requirements. If you wish to return a product to us for any reason, we must be notified in writing or email within 14 working days after the day of delivery. Any notices beyond 14 working days may be liable to restocking or handling charges. 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.
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.
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.
18. DAMAGED GOODS & GOODS IN TRANSIT
Any responsibility for any damage 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 7 working days after 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, the Buyer must notify us within 7 working days after the day of delivery. We will aim to 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, electricians or tradesmen for any further work required for unwanted, misused, damaged, lost, late or faulty products.
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.
20. 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.
21. 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.
22. 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.
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.
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 [email protected] 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
25. 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.
26. 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.
27. 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.
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.
29 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.
30. 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.
31 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.
32 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. Direct Heating Supplies 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 was