Table of Content
- Conditon Applicable
- The Contract between us
- Ownership of rights
- Cancellation rights
- The Price & Price Match
- Risk & Ownership
In these Terms and Conditions of business the following meanings shall apply.
1.1 "the Company" shall mean Merinal Limited trading as radiator-sales.co.uk, whose registered office is at Unit 1 Eastbond Street, Leigh, WN7 1BP, Company Reg.6521381 VAT No.932 2784 19
1.2 "the customer" shall mean any person or persons, firm, company or corporation who buys or agrees to buy goods from the company.
2. Conditions Applicable
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of goods entered into by the Company. All conditions of the Customer or other terms and conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and these terms and conditions shall be deemed to be incorporated in any quotation received from the Company and the Customer's own conditions shall not be regarded as a counter offer.
2.2 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
3. The Contract between us
3.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send to you an email confirming that the goods have been despatched to you. Our acceptance of your order brings into existence a legally binding contract between us.
3.2 Payment by Telephone: With a view to your online protection regretfully it is not possible to take payments over the phone, for delivery to a different address than the registered card address for your first order. In order for you to complete a transaction successfully, your billing and shipping addresses must be the same and to the address that appears on your payment card statement.
3.3 We gladly accept most major credit cards, including VISA, Maestro and MasterCard. We also take payments made with debit or solo cards.
3.4 Please note your order will not be shipped until payment for your purchase has been approved, usually the day after the order is placed. A Landline phone number is also required for all telephone orders so that the address and contact details can be verified when the payment is processed.
3.5 If you wish to ship to a different address we can send you a secure Pay Pal Payment Request to you by email address and once payment has been approved we can then dispatch your order ONLY to the address used for the Pay Pal payment.If you wish to ship to a different address than your normal card address, you will need to register the shipping details with your credit card company before you will be able to process the Pay Pal payment, so we can process your order.
4. Ownership of rights
4.1 All rights, including copyright, in this website are owned by or licensed to Merinal Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
5.1 The Customer acknowledges that no contract was entered into in reliance on any representations other than those incorporated in the Company's quotation and these Conditions, and particularly no online, catalogue or price list shall form part of the contract documents.
5.2 A quotation by the Company shall not constitute an offer and there shall be no binding contract until the Company has confirmed acceptance of the order placed by the Customer.
5.3 Unless otherwise specifically stated, all prices quoted by the Company are inclusive of Value Added Tax, which shall be due at the rate in force at the date of the Sale to the Customer.
5.4 Quotations assume the accuracy of information provided by the Customer and are not valid in the event of any information supplied to the Company being incomplete, inaccurate or misleading. Any modifications to specifications required after the Company has provided a quote will entail an extra charge being raised at a reasonable rate having regard to the nature of the modification.
6.1 We currently offer a FREE UK mainland delivery service (day = weekdays, Mon-Fri):-
Our Standard FREE UK Mainland (3-7 day, 8.00am-6.00pm) Delivery Service is for mainland UK areas only and has FREE shipping per order. For extreme Highlands or difficult to reach areas extra delays may occur.
6.3 Standard courier delivery services use one man delivery and will deliver to ground floor locations only.
6.4 Where a 'Special delivery service' is required and available for deliveries out of hours, timed or upper floor delivery an extra charge would apply which would need to be quoted for before shipping of goods. For these services please call us on 01942 265042 or email email@example.com
6.5 Delivery dates and times specified by the Company are approximate only, however if any booked 'Special delivery service' fails then any extra charges applied would be refunded (excludes our standard delivery service). Unless expressly agreed by the Company in writing, time is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery.
6.6 If goods are sold and delivered to the Customer in installments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated. Further the Customer shall have no right of set-off against any monies due to the Company under this or any other contract.
6.7 Where failure to take delivery by the Customer on an arranged delivery date any and all costs incurred by the Company for the re-delivery will be due and payable to the Company before re-delivery can take place.
6.8 We are able to arrange for timed deliveries or out of hour's deliveries however this is subject to availability, accessibility and location of delivery address. There would be an extra charge for these 'special delivery services' and each order would need to be quoted separately prior to shipping.
6.9 YOU ARE ADVISED NOT TO BOOK AN INSTALLER OR CONTRACTOR UNTIL YOUR GOODS HAVE ARRIVED AND HAVE BEEN CHECKED, the Company or its agents are not liable for any installer or contractor costs, consequential loss or compensation in any way. All deliveries should be checked on receipt for any signs of damage and reported to us within 24 hours, so we can resolve any problem quickly, either by calling us on 01942 265042 or by emailing us on firstname.lastname@example.org. The maximum we would allow for any claim against damages would be within seven days of receipt of your goods.
7. Cancellation rights
7.1 Under the Distance Selling Regulations you have the legal right to cancel your order within fourteen days of receipt of your goods (with the exception of any made to order items or coloured radiators). You do not need to give us any reason for cancelling your contract however we would prefer some comments so we may improve our service in the future. You would however need to notify us in writing if you wish to cancel your contact.
7.2 If you received the goods before you cancel your contract then you must send the goods back to the address supplied by us at your own cost and risk as soon as possible. It is recommended you take out insurance on the goods against damage or loss.
7.3 If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and must send the goods back to the address supplied by us at your own cost and risk as soon as possible. It is recommended you take out insurance on the goods against damage or loss.
7.4 Once you have notified us, in writing by email, that you are cancelling your contract, we will then send out a Returns Authorisation Number, to allow easy identification of the goods on their return. any sum debited to us from your debit card, credit card or Pay Pal account will be re-credited to your account as soon as possible and in any event within 30 days of your items being received back in as new condition. The goods in question must be returned by you and received by us in the brand new, original condition they were in when delivered to you. There may be an additional re-stocking charge for the goods being returned with a minimum £10.00 administration charge.
8.1 The Company operates along with our suppliers a policy of continuous improvement and reserves the right to make any changes in the specification of goods, especially any changes which are required to conform with any applicable safety or other statutory requirements or where the goods are supplied to the Customer's specification which do not materially affect their quality or performance.
8.2 The Company reserves the right to cancel fulfilment of any orders accepted by it should a credit check on the Customer's credit worthiness prove to be unsatisfactory to the Company in its absolute discretion.
8.3 In line with our policy of continuous improvement we reserve the right to make adjustments to sizes or minor details on a product offered for sale.
8.4 Therefore products may differ from those advertised but will remain of an equivalent value, appearance and function.
8.5 Products made to order with special colours may vary in appearance if manufatured in seperate batches. We take all reasonable steps to show the colour of a product on our website accurately but we cannot guarantee an exact match, due to batch differences or differences in monitor settings.
9. The Price
9.1 The prices payable for goods that you order are as set out in our website. All prices shown on the website include VAT at the current rates and are correct at the time of entering information.
9.2 While we try to ensure that all prices on our website are accurate, errors may occur. Where it is not possible to accept your order to buy goods of the specification and description and at the price indicated, we will advise you by email and give you the option of purchasing the goods at the correct price stated in the email or cancelling it. If you cancel your order and you have already paid, you will receive a full refund.
10. Risk & Ownership
10.1 Risk of damage to or loss of the goods passes to the Customer at the time of delivery to the Customer, or if the Customer fails to take delivery at the agreed time, the time when we or our agent tried to deliver. The Customer will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
11.1 All products sold by the Company come with manufacturers warranties. These warranties range from 12 months to 10 years and are offered by the manufacturers not the Company.
11.2 Manufacturers warranties vary and each have their own terms and conditions in respect of any claims against the purchased product. Please see the documentation supplied with each product or referred to on the website.
11.3 The Company is available to help and assist the Customer with any warranty issues that may arise should the Customer require.
11.4 Any goods sold by the Company that are proved to be defective (provided they are returned within 7 days from the day after the date of delivery, or where the defect was not apparent on reasonable inspection within a reasonable time after discovery of the defect) and the Company is satisfied that such defect is not as a result of damage, misuse or incorrect installation by the buyer the Company shall at its sole discretion and subject to satisfactory proof of purchase either:
a) Arrange for the goods to be repaired at no cost to the buyer; or
b) Replace the goods (or the part in question); or
c) Refund to the buyer the price of the goods (or a proportionate part of the price)
and in any case the Company shall have no further liability to the buyer. The statutory rights of the Buyer are not affected.
11.5 Guarantees do not cover against fair wear and tear, normal properties of natural products, such as timber and stone where colour variations occur as part of the characteristics of materials themselves. Neglect or misuse including failing to follow installation and after care instructions.
12.1 Customer privacy is very important to us and the Company does not disclose any Customer information to any third parties unless directly linked to the fulfilment of the Customers purchase (i.e. couriers).
12.3 Any information given at the time of ordering is collected by us for the sole intention of completing Customer orders. We do not send marketing material and your information is dormant after the order is completed.
12.4 All payment and card information is processed through the secure payment gateway services PayPal and World Pay; this information is not stored with us or stored on our servers at all.
12.5 All information is collected lawfully and in accordance with the data protection act 1998. Information is collected to complete Customer orders only.