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Terms and Conditions

(Updated January 2016)

TERMS & CONDITIONS

WELCOME TO THE HEATING DIRECT WEBSITE TERMS AND CONDITIONS FOR USE.

THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.heatingdirect.co. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.


This website is operated by Heating Direct (referred to as "Heating Direct/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyper-linked sections).

Please read through these terms and conditions carefully before using this website. Also read our Privacy policy section regarding your personal information.

1. DEFINITIONS
Heating Direct is pleased to accept orders subject to the Terms and Conditions of sale as stated below. Unless expressly agreed in writing (for example in the case of a tender submission or written proposal), any alteration to these conditions will not apply. In these terms "you" and "your" (as appropriate) refer to the buyer and "us", "our" and "we" refers to the seller: The Heating Direct "Days" refers to working days, being Monday to Friday inclusive excluding bank holidays, unless otherwise stated.

1.1 QUOTATIONS
Our quotations are valid on the day of issue only and are subject to stock availability. Quotations are for the sole use of the addressee and we reserve the right to withdraw a quotation, which has been passed by you to a third party.

GENERAL

1.2 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

1.4 when you use certain Heating Direct services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.

1.5 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately.


2. ORDER PROCESS

2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Heating Direct.

2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact customer service Dept.

3. DELIVERIES AND COLLECTION OF GOODS
In normal circumstances

3.0 You must check the goods are in good condition before signing any carriers documentation, by signing for the goods you have accepted that the goods have arrived in good condition. It is your responsibility to check the goods at the time of delivery we will not be hold responsible for damaged goods if you have signed and accepted for the delivery the products.
3.1 We will deliver an order within the agreed period, but we cannot be held liable for any loss caused by late delivery. If we do deliver late you are not entitled to regard this as a breach of contract.
3.2 Goods will be delivered to the delivery address supplied by you. You are considered to have given authority to accept a delivery on your behalf to any person who actually accepts delivery at the delivery address.
3.3 If we, or any agent on our behalf, cannot deliver to the delivery address then we may, either store the goods and deliver at a later date or return the goods to stock and deliver similar goods later.
3.4 You are obliged to provide adequate labour and facilities at the delivery or collection address to load or unload the goods without undue delay. We will require compensation for any loss we suffer arising from delivery or collection or non-delivery or non-collection of the goods. If it is not our fault nor that of our agent, that any delivery or collection is delayed or cannot be carried out then we will charge you for any extra costs incurred.
3.5 If we deliver in instalments to you, then each instalment is a separate contract. If payment in full is not made to us at the proper time for orders, which have already been delivered, then we may withhold or cancel delivery of any other of your orders, which have not yet been delivered.
3.6 Our prices exclude delivery or transport charges, insurance in transit and taxes. We will charge you extra for transport, packaging, taxes and insurance as applicable and defined either within our published catalogue, in the quote we gave you or as defined in the contract in place between us.

3.7 This website is only for delivery of products to customers in mainland UK addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Highlands & Islands, BFPO addresses, or the Republic of Ireland. All goods must be signed for by an adult aged 18 years or over on delivery.

3.8 Delivery charges and estimated timescales and are subject to when you place an order. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. Heating Direct shall be under no liability for any delay or failure to deliver the products within estimated timescales.

3.9 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

4. PAYMENT

4.1 We take payment from your PayPal account or Credit/Debit Card at the time we receive your order, or you can call us and make payment by Credit/Debit card over the phone. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by paypal can be found at paypal.co.uk. (Heatingdirect.co is not responsible for the content of external websites)

4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

4.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

5. SHORTAGES, DAMAGES, DISCREPANCIES, AND/LOSS IN TRANSIT
We will, at our discretion refund, replace or issue credit where goods have been lost, wrongly delivered, incorrect goods have been delivered as a result of our error, damaged in transit or there is a short supply of an order. We will only consider claims if made in writing to us within 3 days of the date of delivery. If goods have been lost in transit you must also inform the carrier in writing within that period. If goods have been damaged or supplied short, then you must keep those goods in one place, separate from any other goods, and let us inspect them if we wish before we decide what action to take. If a whole consignment of goods is lost then you must inform us in writing within 10 days of the invoice date.

6. RETENTION OF TITLE
6.1 General: Notwithstanding delivery of the goods, we will still own them until you have paid in full for them in accordance with this contract and until all money owed by you to us pursuant to any other contract between us has been paid in full.
6.2 Sale of the Goods: You are allowed to sell on the goods in the ordinary course of your business and if you do title to the goods sold will pass to the person who buys them from you on delivery to them. If you sell the goods to a third party before you have paid for them then you will hold the proceeds of that sale on trust for us pending payment. We will have the right to require you to direct the third party to pay the money they would have paid to you directly to us instead and at our request you will assign to us any rights or claims you have against your customers in relations to the goods.
6.3 Storage: Goods that are in your possession will be held by you as bailee. You must keep the goods separate and clearly identified as our property until you have paid for them.
6.4 Insurance: After delivery and until payment you must keep the goods fully insured. If the goods are lost, destroyed or damaged then you must hold the proceeds of the insurance for and to our order pending payment. If the goods are so destroyed you are not entitled to delay paying us until the insurer of the goods has paid you.
6.5 Recovery of goods: We may enter your premises without notice and recover the goods, which have not been paid for in full. As between you and us, this sub-clause constitutes your authority for us to enter on the premises of any other person holding the goods on your behalf and on whose property the goods may be and remove the goods.

7. RETURNS, CANCELLATIONS & SUBSTITUTIONS

RETURNS
7.1 Generally, we will not arrange collection of goods, unless the product is in a re-saleable condition. All returns must be authorised by us. The goods must be in original manufacturer's packaging.

7.2 We offer a 14 day money back guarantee on all purchases. After 14 days, we will only provide a refund or replacement on goods which are faulty under the product warranty. In the unlikely event that you receive faulty or damaged goods, please contact our Customer Services and they will assist you in providing a replacement or refund.

7.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 14 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.

8. YOUR INSOLVENCY OR DEFAULT
If:
8.1 You fail to honour any of your obligations to us under this contract, or you breach them, or
8.2 Any distress or execution is levied on you, or
8.3 You offer to make an arrangement with your creditors or commit any act of bankruptcy or if any petition in bankruptcy is presented to you, or (if you are a listed company) any resolution or petition to wind up such a company's business (other than for purposes of amalgamation or reconstruction) is passed or presented we will have the immediate right to cancel in writing any contract we currently have with you without prejudice to any claim or right we might otherwise have.

9. DATA PROTECTION

Data collected in the course of our dealings will be retained. Some or all of that data may be personal that is subject to the Data Protection Act of 1998. The data supplied to us will be processed by us to execute your order, to monitor your account, to select and send you marketing material and periodically to conduct trade and bank reference enquiries and other credit checks. This will involve the disclosure of your data to and from third parties. You consent to processing of your data for those purposes. Prior to processing your order Heating Direct will attempt to verify your identity (or the identity of the individual on whose behalf you are acting). This process involves checking the details you supply against those held by credit reference agencies and scoring methods maybe utilised in the verification process. A record of this process will be kept that may be used to help other companies to verify your identity. We may also pass information to organizations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you supply false or inaccurate information and we suspect fraud, we will record this and share this information with other organisations.

10.0 CATALOGUES AND BROCHURES

10.1 All descriptions and illustrations of goods in any catalogue, brochure, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us. We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.

10.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

11. INTELLECTUAL PROPERTY

11.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.

11.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

LIABILITY AND INDEMNITY

12. WARRANTY
12.1 All goods supplied by us are warranted to be of sound workmanship and materials and suitable for the purpose for which they are designed under fair conditions. Our liability under this Warranty will be limited to the replacement, free repair or issue of credit against any goods acknowledged by us to be faulty, provided that such faults have not been caused by your misuse of the goods or your negligent handling of them.
12.2 In order to make a claim under this warranty you must return the goods:
a) Inform us within 3 working days of any damage from date of delivery.
b
) Within 30 days of the delivery date or the time stipulated by the manufacturer, whichever is the longer.
c) In good order and condition
d
) Carriage paid
e
) To our distribution centre, unless we have advised you of another addresses to return the goods.

12.3 Our carriers have no authority to accept goods for return unless we have agreed in advance. In no circumstances will we be responsible for loss or consequential damage arising from the failure or defect of our goods.

If you return the goods in order to make a claim under clause 12.1 above and those goods turn out to be, in our opinion, faulty or damaged by reason of your misuse or negligent handling of them, then we will give you 10 days written notice to make arrangements to collect the goods. You may collect the goods in person or make arrangements for your own carrier to collect them. You will remain liable to pay for the goods in full. We reserve the right to make arrangements to return the goods to you after the 10 day period, charging you our carriage and administration costs. Alternatively at the end of the 10 day period, your non-compliance with our request for instruction will lead us to assume that you have given us unconditional authority to dispose of the goods as we see fit.

12.4 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

12.5 Heating Direct will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Heating Direct will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Heating Direct accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

12.6 Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

12.7 Heating Direct will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

Loss of goodwill or reputation; or

Special or indirect losses

Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

12.8 Notwithstanding the above, Heating Direct's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

12.9 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

13. MISCELLANEOUS PROVISIONS

13.1 FORCE MAJEURE
We reserve the right to cancel an order or suspend or delay delivery of it without being liable for any loss or damage if supply of the goods is prevented or delayed by reason of war, (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labour disputes, accidents or any other causes or circumstances beyond our control.

13.2 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

13.3 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item or any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

13.4 Heating Direct shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

13.5 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

13.6 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Heating Direct.

13.7 Heating Direct reserves the right to transfer, assign, transfer or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

13.8 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

13.9 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:

13.10 No delay or failure by Heating Direct to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Heating Direct.

13.11 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Heating Direct relating to the use of this website (including the order of products) and set forth the entire agreement and understanding between you and Heating Direct for your use of this website.

We recommend you print out a copy of these terms and conditions for future reference.