Terms and Conditions
“Conditions” means General Conditions and the Special Conditions;
“General Conditions” means the conditions set out below as revised from time to time;
“Goods” means the goods (including any installment of the goods or any parts of them) which We supply in accordance with these Conditions;
“Internet” means the global network of computer systems using TCP/IP protocols including (but not limited to) the World wide Web.
“Personal Information” means the details provided by you to us including (but not limited to) name, delivery and billing addresses and payment information;
“Product” means a product displayed for sale;
“Product Description” means that part of the Website, catalogue or display where certain terms and conditions in respect of the individual Product are provided or such information given to you verbally in Our stores or by post or email;
“Special Conditions” means the terms and conditions in the Product Description which shall take precedence where inconsistent with the General Conditions;
“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and
“users” means the users of the Website collectively;
“Website” means the collection of pages published on the Internet with the URL [www.designer-radiators.com] or any other such site owned or operated by us that may replace it from time to time;
“We/us” means Designer Radiators Limited and “Our”, “Ours” and cognate terms shall be interpreted accordingly;
“Working Day” means every day of the year except Saturdays and Sundays and English statutory and public holidays.
“you” means a user of this Website, any person (excluding corporate) accessing the Website by any means, a customer purchasing from Our shop and/or a customer ordering a Product over the telephone and “your”, “yours” cognate terms shall be interpreted accordingly.
1. Making A Purchase
1.1 use of the Website
1.1.1 We grant YOU a single non exclusive and non-assignable licence to access the website on the condition that you adhere to our Terms & Conditions
1.1.2 The Website may be used only for lawful purposes and in a lawful manner. you agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
1.1.3 While We will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
1.1.4 We cannot guarantee that the appearance and/or colours of the Goods shown on this site exactly reproduces the appearance and/or colours of the Goods themselves, this will vary according to the resolution and the screen type of your computer. All sizes quoted are approximates.
1.1.5 The Website is provided on an “as is” and “as available” basis without any representation or endorsement made. We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website, including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
1.1.6 We make no warranty that the Website will meet your requirements or will be uninterrupted, 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 and reliability of the Website will be available to you at any time. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. you are responsible for maintaining suitable virus protection software on your computer.
1.1.7 We shall not be liable for the non-accessibility of this Website due to the technical inefficiency or failure (but not limited to) such failure caused by electricity supply faults or non-functionality of the Internet.
1.1.8 We accept no responsibility for the inaccessibility of this Website caused by the users of non-compatible, defective or obsolete hardware or software, nor shall We be liable for failure to inform users of the hardware and software required for use of the Website.
1.2 Personal Information
1.2.1 You warrant that:
220.127.116.11 The Personal Information which you are required to provide is true, accurate, current and complete in all respects; and
18.104.22.168 You will notify us immediately of any changes to the Personal Information affecting any order by contacting us by e-mail at sales(Replace this parenthesis with the @ sign)Designer-Radiators.com or by telephoning us on 01706330181
22.214.171.124 You will not, in using the Website, or by telephone, or at Our stores, impersonate any other person or entity or use a false name or a name that you are not authorised to use.
1.3.1 We will treat all your Personal Information obtained by us as confidential (although We may disclose this information in the circumstances set out below). We will keep it on a secure server and We will comply with current applicable English data protection and consumer legislation.
1.3.2 When you shop with us we will ask you to provide personal information such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit/debit card or other payment information.
1.3.3 We may also collect information about where you are on the internet (eg your URL, IP address, domain types such as (.co.uk and .com), your browser type, the country and telephone area code where your computer, is located, via the pages of Our Website that were viewed during your visit, any advertisements you clicked on, and any searches that you performed on Our Website (“user Information”).
1.3.4 We confirm that any Personal Information that you provide to us (or that is available on public registers) and any user Information from which We can identify you, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process your Personal Information and user Information only for the following purposes:
126.96.36.199 Processing your orders, performing the contract, for statistical purposes to improve the Website and it’s services to you. To administer the Website. To notify you of products or special offers that may be of interest to you. Where required by law or where processing without consent is permitted by the Data Protection Act 1998.
1.3.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
1.3.6 When you order you accept that you consent to receive information from us by post, e-mail or telephone, about products, promotions or special offers that We feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, you may unsubscribe from Our mailing list at any time by clicking on the unsubscribe link, replying to a promotional e-mail with the word “unsubscribe” in the subject line.
1.3.7 Your Personal Information will be disclosed to third parties who will help process your order and payment. We will not release your Personal Information to any outside company for mailing or marketing purposes not connected to Our products and services.
1.4.1 You agree fully to indemnify, defend and hold us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or that of any other person accessing the Website using your Personal Information.
1.5 Our rights
1.5.1 We reserve the right to:
188.8.131.52 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that We shall not be liable to you for any modification to or withdrawal of the Website; and/or
184.108.40.206 change the Conditions from time to time, and your continued use of the Website (or any part thereof) or placing of any order following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website or placing any orders.
1.6 Third-party links
To provide increased value to Our users, 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. If you have a particular concern regarding the way your personal information will be used then you are advised to read the privacy statement on the relevant site.
2. Purchase of Goods
2.1 Order Acceptance
2.1.1 In the event that the products you have ordered are not in stock, we may back order those products for you after confirmation via telephone.
2.1.2 No contract will subsist between you and us for the sale by us to you of any Goods unless and until We accept your order by e-mail or otherwise in writing confirming that We have accepted your order. Completion of the contract between you and us will take place upon delivery to you of the Products. For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom.
2.1.3 Non-acceptance of an order may be a result of one of the following:
220.127.116.11 The product you ordered being unavailable from stock ;
18.104.22.168 Our inability to obtain authorisation for your payment;
22.214.171.124 The identification of a pricing or product description error;
126.96.36.199 you not meeting the eligibility to order criteria set out under 2.6 in the General Conditions
but for the avoidance of doubt we reserve the right to reject any offer to buy any Goods received from any person.
2.1.4 If there are any problems with your order, We will contact you using the Personal Information provided by you.
2.1.5 If you wish to exercise your right to cancel this contract prior to order dispatch, follow the procedure set out in Order Changes/Cancellation below. If your order has already been dispatched please follow the procedure set out in Returns below. All refunds where any item(s) are returned to us in this manner will incur a restocking charge of 10% of the item(s) value, providing they are in their original, saleable condition.
2.1.6 We will take all reasonable care, as required by applicable data protection law, to keep the details of your order and payment secure, but in the absence of negligence or breach of any applicable law on Our part We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
2.2 If you are purchasing Goods via the Website just browse our Catalogue, and click on any items that you wish to buy and put them into the shopping cart. After you have finished your selection, click on “Order” and you will be asked for a few details that We need to be able to satisfy the order
We accept credit/debit card payment. If you are shopping from North America or outside the UK, your credit card company will convert the transaction to US Dollars or your own currency.
We accept Visa and Mastercard. All Goods must be paid for in full upon order. you may send your credit/debit card information via phone, fax, post or over the Internet.
2.3 Order Changes/Cancellation
2.3.1 If the contract for the purchase of Goods has been concluded via telephone, Internet or correspondence (including email) without any face to face contact having occurred between us, then you may have a 7 day period from the date when the Goods are delivered in which to cancel this contract. This right does not apply [where and to the extent that] We have started to customise (special order)any materials (including manufacturing Goods) or where We have placed your order for customised (special order) items from Our manufacturer in accordance with your requirements, or where items are out of stock.
2.3.2 If you wish to change or cancel an order then you should contact us as provided for below. We will endeavor to act on your request but customisation of the Goods may have commenced. If this is the case then We cannot cancel the order.
2.3.3 To change or cancel an order, please contact us immediately via e-mail at sales(Replace this parenthesis with the @ sign)designer-radiators.com with the following details:-
188.8.131.52 Customer Name;
184.108.40.206 Order Number;
220.127.116.11 Date of the order;
18.104.22.168 Details of the change or cancellation.
2.3.4 If your order is unable to be cancelled for the reasons provided above please follow the procedure set out in Our Returns policy below.
2.3.5 Please note that your right to return Goods pursuant to the Distance Selling Regulations 2000 does not apply in this contract where the Goods are manufactured for you, (special order), customised to your specifications or specially ordered.
2.4.1 If you wish to return a defective item to us then you must follow our Returns Procedure
2.4.2 This policy is in addition to any statutory rights that you may have as a consumer, which remain unaffected.
2.5 Description of Products
2.5.1 Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
2.5.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with Our Order Acceptance policy above.
2.6.1 All quotations provided by us to you are valid for thirty days.
2.6.2 All prices are shown inclusive and exclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered including VAT, plus delivery charges. Payment can be made by any of the methods specified in the Conditions and payment will be debited once the Goods have been ordered
2.6.3 We reserve the right to make adjustments to the price to take account of any increase in Our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong. Correct prices will be confirmed by telephone if an error has occured and you will be given the opportunity to cancel the order.
2.6.4 you confirm that the credit or debit card you use to place an order is yours.
2.6.5 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, We may refuse your order.
2.6.6 All card payments are processed by our bank or other such person as We may nominate from time to time.
2.6.7 UK Orders are subject to shipping charges:
2.7 Refusal of Transaction
2.7.1 We reserve the right to withdraw any Goods from the Website or Our catalogue or stores at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason to anyone at any time at Our sole discretion. We will not be liable to you or any third party by reason of Our withdrawing any Product, removing or editing any materials or content on the Website; refusing to process a transaction or suspending any transaction after processing has begun.
2.7.2 To be eligible to purchase Products on the Website and lawfully enter into and form contracts on the Website under English law you must:
22.214.171.124 Be over the age of 18 years,
126.96.36.199 Register by providing your real name, phone number, e-mail address, payment details and other requested information;
188.8.131.52 Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
184.108.40.206 Possess a valid credit or debit card.
2.7.3 By making an offer to buy Goods, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
2.7.4 In the event a product is listed incorrectly due to a typographical error or error in information from our suppliers. We may refuse or cancel any orders listed, whether or not the order has been confirmed. (for your own protection as the product may be mis-labeled ie having a specification different to your needs) If your credit/debit card has already been charged and We subsequently cancel your order, We will immediately issue a credit to your credit/debit card account for the value paid (including associated delivery charges).
3. Delivery Schedule
3.1.1 Where delivery or dispatch times are stated anywhere on the Website, the times are approximates only and while We endeavor to deliver to you within the time stated, delivery could be delayed due to events beyond Our control. The time of delivery is not the essence of the contract. For the avoidance of any doubt We shall not be liable for any loss arising from delay in delivery or non-delivery.
3.1.2 In the majority of cases Goods will be delivered to you by a third-party carrier and the cost of delivery will be included in the total price of the order and notified to you on the checkout page of the Website, prior to completing your order.
3.1.3 Delivery times are as agreed between us and you, these may vary from shown times but every attempt will be made to ensure accurate delivery estimates. Any differentiation between our estimated delivery times and actual delivery times will be passed on to yourselves via telephone or email.
3.1.4 We may deliver the Goods in installments.
3.1.5 Notification of short delivery or damage in transit must be made in writing to us within three days of the receipt of the Goods.
3.1.6 Deliveries are made to the nearest hard road point and for the avoidance of doubt We are only insured and required to deliver the Goods to your delivery address and not to bring them into a property or install them.
3.1.7 We will only deliver Goods to the address on the order.
3.1.8 If for any reason you do not accept delivery of any Product in accordance with this paragraph then We may charge you an additional fee to cover any reasonable direct cost incurred by us as a result.
3.1.9 We will deliver to your delivery address where possible provided that the property is situated on a hard road point.
3.1.10 Where your order consists of heavy and/or bulky Goods assistance must be available to Our drivers to offload the Goods. In the event that no assistance is available then We will not be in a position to offload the Goods and We will charge a fee of 10% of the price of the Goods for re-delivery.
3.1.11 Where the Goods can be offloaded by the drivers with no assistance and you have requested that the Goods are left at your property then the Goods will be left at the property at your own risk.
3.1.12 For the avoidance of doubt, you will be responsible for the Goods as soon as they have been delivered to your delivery address. From the time of delivery of the Goods any loss or damage to the Goods shall be at your own risk.
3.1.13 Do not arrange for installation of the Goods until they have been delivered and checked for correctness, damage and shortages by you.
3.1.14 Upon delivery of a Product you should carefully inspect the Goods. If any of the Goods are damaged or lost, please contact us to inform us of the problem and do not use the Goods.
3.1.15 Delivery to locations other than Mainland UK may incur additional delivery charges that are not apparent at the checkout screen, Your order will be confirmed by telephone where exact delivery charges will be specified (this does not affect your right to cancel your order). If you have any doubt regarding your location and associated delivery charges please call for advise.
3.1.16 Delivery itself is charged as a service rather than an addition to goods purchased. Therefore when an order is dispatched the service agreement for delivery is deemed to have been completed (as long as the goods are received).
4. Property and Risk
4.1 Risk of damage to or loss of the Goods shall pass to you:
4.1.1 in the case of Goods to be delivered at Our premises, at the time when We notify you that the Goods are available for collection; or
4.1.2 In the case of Goods to be delivered otherwise than at Our premises, at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when We have tendered delivery of the Goods.
4.2 The property in the Goods shall not pass to you until We have received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be supplied by us to you for which payment is then due.
4.3 Until such time as the property in the Goods passes to you, you shall hold the Goods as Our fiduciary agent and bailee, and shall keep the Goods separate from those of your own and third parties and properly stored, protected and insured and identified as Our property. Until that time you shall be entitled to resell or use the Goods in the ordinary course if its business, but shall account to us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of yours and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
4.5 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain Our property, but if you do so all the monies owing by you to us shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
5.1 Subject to the Conditions, We warrant that the Goods shall at the date of delivery to you be free from defects in workmanship and materials.
5.2 All Goods come with manufacturer’s guarantee where and to the extent transferable to you.
6.1 Intellectual property and right to use
6.1.1 you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website or otherwise by us shall remain at all times vested in us or the owners under licence from whom the content appears. you are permitted to use this material only as expressly authorised by us.
6.1.2 you acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, performance, or replication of the content of the Website or any other manner of exploitation of any contents of the Website or Our catalogue in part or in whole is strictly prohibited.
6.1.3 Any copyright material posted on this Website or in Our Catalogue which is not Our property is acknowledged as such. All right to this copyright remain with the proprietor of the copyright subject to a licence to us.
6.3 Limitation of liability
6.3.1 We will not be liable in contract, tort (including, without limitation, negligence), or for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
220.127.116.11 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
18.104.22.168 any loss of goodwill or reputation; or
22.214.171.124 any special or indirect losses;
suffered or incurred by any party arising out of or in connection with any use of the Website.
Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants or employees.
6.3.2 Any advice or recommendation given Our employees or agents to you or your employees or agents as to the storage, application or use of the Goods (which is not confirmed in writing by us) is followed or acted upon entirely at your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed. We recommend seeking professional advise wherever possible to the exact and precise nature of your requirements.
6.4 Force Majeure
6.4.1 We shall not be liable to you where performance of any of Our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government or any other cause not within Our reasonable control.
6.5.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
6.6.1 No waiver by us of any provision of the Conditions shall be construed as a waiver of any proceeding, succeeding or continuing breach of any provision of the Conditions.
6.7 Entire agreement
6.7.1 These Conditions govern Our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. you confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
6.7.2 Nothing in this Clause shall limit or exclude Our liability in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.
6.8.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
6.8.2 The submission by the parties to such jurisdiction shall not limit Our right to commence any proceedings arising from any breach of these conditions in any other jurisdiction it may consider appropriate.
6.8.3 In the event that you are resident outside England you shall not object to any application by us for an alternative means or place of service or dispensing with service of any court proceedings.
6.9 Statutory Rights
6.9.1 Where you are a consumer as defined by the Distance Selling Regulations 2000 your statutory rights are not affected by the Conditions