Terms and conditions
Please read all these terms and conditions.
Your Right to Cancel
- ● Your right to cancel your order starts the moment we charge your card and ends 14 days from the day you receive your goods
- ● If your order consists of multiple goods, you have 14 days to cancel from the date you receive the last batch of goods
- ● If you want to return goods for a refund you will need to email us first to get a return number & address
- ● You have 14 days from receiving your return number to send the goods back to us
- ● You will have to pay the cost of returning goods to us
- ● You should retain your proof of postage when you send goods back to us
Getting a Refund
- ● You will receive a refund within 14 days of cancelling your order
- ● If you are returning goods, you will receive a refund within 14 days from the date we receive the goods back
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0844 504 6767.
Acceptance of Terms and Conditions
In order to ensure that you are eligible to enter into an agreement with us, you must fulfill the following criteria:
- ● You must be 18 years old or over.
- ● You must register by providing:
- ■ your real name
- ■ your email address
- ■ your telephone number
- ■ your registered cardholder or Paypal address (if you are using a credit or debit card)
- ■ your delivery address in the United Kingdom. This cannot be a PO Box, hotel or other temporary accommodation address.
Making a Purchase
When you buy from us, it's vitally important don't schedule any installation work until your Goods have arrived and been checked. In a rare instance that there is an issue with your order, either in terms of the Goods or delivery, we do not like you paying unnecessarily for a plumber or fitter. Any good plumber or fitter should happily make a quick visit to ensure all your Goods are present and correct before starting any work.
- 1.1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CLAYTON HORSNELL LIMITED whose trading name is Trade Plumbing a company registered in England and Wales under number 5113922 whose registered office is at THE OLD FORGE , EAST STREET COLCHESTER , Essex, CO1 2TP and whose trading address is Unit 6 2 A Harwich Road, Eastgates Colchester, Essex, CO4 3BN with email address email@example.com; telephone number 0844 504 6767; fax number 0844 504 4498 (the Supplier or us or we).
- 1.2. Calls to 0844 numbers cost 5p per minute from a BT landline. Other carriers and mobile network prices vary. We do this to keep the cost of our Goods to a minimum – provision of a telephone helpline can be costly and is not fair to ask all customers to support the provision of this service if they do not use it. If you do not wish to contact us by telephone, please do contact us for free by e-mail,contact form or live chat.
- 1.3. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- 2.1. In this document:
- 2.1.1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- 2.1.1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- 2.1.2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
- 2.1.3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
- 2.1.4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- 2.1.5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- 2.1.6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- 2.1.8. Website means our website www.weheat.co.uk on which the Goods are advertised.
- 2.1.9. 'Basket' means the electronic shopping basket to which products on the Website can be added.
- 2.1.10. 'Buyer' or 'You' means the person or persons and any agents acting on their behalf that have requested the sale of Goods or have otherwise used Our Website.
- 2.1.11. 'Carrier' means either Us or the delivery agent who shall be responsible for delivering the Goods.
- 2.1.12. 'Conditions' means the Terms and Conditions set out in this document that will become binding on You and Us once We accept the Order and agree to the sale of Goods to You.
- 2.1.13. 'Contract' means the contract that exists once We accept the Order and agree to the sale of Goods to You.
- 2.1.14. 'Delivery Date' means the date on which the Goods are delivered to You.
- 2.1.15. 'Goods' means any product available for purchase from the Website.
- 2.1.16. 'Heating Appliance' means any product that consumes fuel to produce heat. This includes, but is not limited to, Gas Boilers, Oil Boilers, Gas Fires, Gas Water Heaters, Gas Wall Heaters.
- 2.1.17. 'Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
- 2.1.18. 'Order' means the electronic order form completed and submitted by You or on Your behalf which contains a list of Goods and prices (the Basket), Your billing address, Your delivery address, Your telephone number, and Your email address.
- 2.1.19. 'Order Acceptance' means the Order has been verified by Us and Goods can be despatched.
- 2.1.20. 'Order Received Date' means the date the Order enters Our Information System for review.
- 2.1.21. 'Our' implies the ownership of the Seller.
- 2.1.22. 'Payment' means the transfer of funds from You to Us.
- 2.1.23. 'Payment Card' means the credit or debit card or other payment system chosen by You to be used as the method of Payment for the Order.
- 2.1.24. 'Personalised Goods' means any products that have been made to measure or have been otherwise altered to any form of specification.
- 2.1.25. 'Regulations' means Consumer Contracts Regulations 2013.
- 2.1.26. 'Rejection of the Order' means the Order has been rejected by Us and will not be processed.
- 2.1.27. 'Shipping Charge' means the amount charged for any of the following services: order picking, packing materials, delivery by Carrier.
- 2.1.28. 'Standard Delivery Area' means England, Wales, Scotland and Northern Ireland.
- 2.1.29. 'Seller', 'We', 'Us' means Clayton Horsnell Limited, Company Number: 5113922, VAT Number: 839625491, Registered Address: THE OLD FORGE , EAST STREET COLCHESTER , Essex, CO1 2TP and whose trading address is Unit 6 2 A Harwich Road, Eastgates Colchester, Essex, CO4 3BN.
- 2.1.30. 'VAT' means Value Added Tax.
- 2.1.31. 'Website' means Our presence on the Internet, currently accessible via the address https://www.weheat.co.uk/.
- 2.1.32. 'Your' implies the ownership of The Buyer.
- 2.1. In this document:
3. Warranties and Liability
- 3.1. The Conditions of this Contract do not affect any additional rights You may have under a manufacturer's warranty/guarantee. These are rights given to You by the manufacturer in addition to Your statutory rights. Any additional rights given to You by the manufacturer in respect of Goods purchased are not incorporated into this Contract. For details please refer to the manufacturer's guarantee provided with the Goods.
- 3.2. You have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on Our part or Our failure to carry out Our obligations. The Conditions of this Contract do not affect Your statutory rights. For further information regarding these rights contact Trading Standards or Citizens' Advice Bureau.
- 3.3. TIME LIMIT FOR NOTIFICATION OF CLAIMS:
- 3.3.1. You are asked to examine the Goods as soon as reasonably possible after delivery. Any claim made by You based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by You) be notified to the company within 2 working days from the Delivery Date or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
- 3.3.2. Where a valid claim in respect of Goods delivered is notified to Us within 2 working days of the Delivery Date, or within a reasonable time if not apparent on reasonable inspection, You are entitled to reject the Goods and receive a full refund or have the Goods (or the part in question) replaced free of charge.
- 3.3.3. Any claims made after 2 working days of the Delivery Date or exceeding a reasonable time of discovery, We shall at Our sole discretion be entitled to offer You replacement Goods (or the part in question) free of charge or refund to You the price of the Goods (or a proportionate part of the price) and We shall have no further liability to You.
- 3.4. Except in respect of death or personal injury caused by Our negligence We will not be liable under this
Contract for any loss or damage caused by Us or Our agents in circumstances where:
- 3.4.1. There is no breach of a legal duty of care owed to You by Us or by any of Our employees or agents;
- 3.4.2. Such loss or damage is not a reasonably foreseeable result of any such breach;
- 3.4.3. Any increase in loss or damage resulting from breach by You of any term of this Contract.
- 3.5. In the event that You are using the delivery address for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
- 3.6. Subject to Our obligations, and Your rights under the Regulations, We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the Goods if the delay or failure was due to factors that could not be reasonably foretold.
- 3.7. We take the greatest care to ensure that all information such as (but not limited to) product descriptions, product specifications, product images, and product prices contained on the Website are an accurate representation of those supplied by the manufacturer. Images on the Website are for illustrative purposes only and We cannot guarantee a perfect representation of the Goods when purchased matching the images. In the event that Our information is out of date, or found to contain errors or omissions We shall not be liable to You beyond the terms of these Conditions.
- 3.8. We have designed and optimised the Website for Our likely customers. No guarantee is given that it will be compatible with all operation systems, browsers or computer hardware or software. To the extent permitted by law, We will not be liable for any losses caused by any such incompatibility.
- 3.9. We assume no responsibility for the content or correctness of any hosted manufacturer content such as (but not limited to) Portable Document Format (PDF) files, product installation guides, product brochures.
- 3.10. We assume no responsibility for the content of any other website to which the Website has links.
- 4.1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- 4.2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- 4.3. All Goods which appear on the Website are subject to availability.
- 4.4. In the event that the Goods you requested is out of stock, we will contact you by e-mail to offer you an alternative product. It is your decision whether to accept this alternative, or cancel your order. Until we receive written (e-mail) confirmation of your decision, your order will be held over.
- 4.5. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- 4.6. The Goods guarantee only covers use for which the product was designed. All guarantees are the responsibility of the manufacturer of the Goods, except where Goods are guaranteed directly by Clayton Horsnell Ltd. All our items are designed for UK installation only. If you choose to install your goods outside of the UK, you do this at your own risk. Manufacturer guarantees will not apply in this case.
5. Installation of Goods
- 5.1. You or any 3rd party employed to perform installation should not attempt to install visibly damaged Goods as installation shall be regarded as confirmation that the Goods have been delivered to You in good condition. This condition does not apply to faults that could not have been discovered under reasonable inspection prior to installation.
- 5.2. We will not accept liability for any Goods damaged during installation by You or any 3rd party.
- 5.3. Following installation, You or any 3rd party employed to perform installation will be responsible for identifying, repairing or replacing any problem/fault with the Goods.
6. Further Information Regarding the Delivery and Installation of Heating Appliances
- 6.1. Upon delivery of the Heating Appliance, You should check the external packaging is in good condition and displays no obvious signs of damage. If the external packaging appears damaged, You should inform Us straight away. IMPORTANT: As part of your "Duty of Care" (see Cancellation and Returns Policy) for the Goods, we ask you to not open or tamper with the external packaging in any way.
- 6.2. Upon delivery of the Heating Appliance, You should also check the product description on the external packaging matches the Good's description on the Order. If You suspect You have been sent the wrong item, You should inform Us straight away.
- 6.3. When the qualified Heating Engineer is available, have them check and confirm the Heating Appliances suitability. Only once suitability has been confirmed should the external packaging be opened. IMPORTANT: Please retain the external packaging until the Heating Appliance has been confirmed as fully functional. If the Heating Appliance has to be returned, it will need to repackaged properly to avoid damage in transit.
- 6.4. The qualified Heating Engineer should also confirm the Heating Appliance is undamaged and ready for installation. If the qualified Heating Engineer suspects the Heating Appliance has been damaged, You should inform Us straight away.
- 6.5. Following installation, Your qualified Heating Engineer should test and confirm the Heating
Appliance is fully functional.
- 6.5.1. If it is not functional You should ensure all safety precautions have been taken and inform Us straight away.
- 6.5.2. Otherwise, You or the qualified Heating Engineer should register the Heating Appliance with the Manufacturer to ensure You take full advantage of any extra warranties that are available. Details of Manufacturer warranty schemes will generally be found with the Heating Appliance, if You cannot locate them or have any other concerns please contact Us for assistance.
7. Personal information
- 7.2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- 8.2. Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
- 8.5. To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
- 8.6. If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is (details), or you can e-mail us on (details).
- 9.1. We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
10. Your rights
- 10.1. You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
- 11.1. You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
- 11.2. (Christopher Cook Clayton Horsnell, Unit 6, 2A Harwich road, Colchester, Essex, CO4 3BN)
12. Basis of Sale
- 12.1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- 12.2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- 12.3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- 12.4. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- 12.5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- 12.6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
- 13. Promotions
- 14. We may offer Promotions such as Promotional Codes and Special Offers from time to time. All Promotions shall be bound by these Conditions unless a specific exception is agreed to in writing at Our sole discretion.
- 15. Promotional Codes are codes recognised by the Basket. To be recognised, Promotional Codes must be valid and varying conditions must be fulfilled (such as but not limited to the value of Basket, or certain products being within the Basket). To be valid the Promotional Code must exist on Our Information System and not have expired and/or been otherwise terminated.
- 16. Special Offers shall be deemed to include any purchase incentive such as but not limited to reductions in the price of products or shipping, "buy 1 get 1 free", quotations or pack offers.
- 17. All Promotions have an Expiry Date. The Expiry Date by default is set at 30 calendar days from the Start
Date. The Start Date shall mean the date on which the Promotion:
- 17.1. was first featured in any printed medium or;
- 17.2. was first sent in an email or;
- 17.3. was first published on the internet.
- 18. We reserve the right to terminate any Promotion at any time regardless of the Expiry Date.
- 19. Promotions are limited by stock and/or usage (i.e. the total number of times the Promotion has been applied or claimed globally) and are offered on a "first-come, first-served" basis. Promotions will be terminated when stock is depleted and/or usage exceeds the level set at Our sole discretion.
- 20. Individual Promotions are limited to a single use per household and/or individual.
- 21. Only one Promotional Code can be applied to the Order at any time. The same Promotional Code can only be applied to the Order once. Once applied, a Promotional Code cannot be changed. Special Offers will not be affected by Promotional Codes, and vice versa.
- 22. Promotions must be claimed or applied prior to placing the Order. They cannot be claimed or applied to the Order retrospectively.
- 23. Promotions shall not override any other clause contained within these Conditions. We are not be obliged to reveal any current or forthcoming Promotions.
24. Price and Payment
- 24.1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- 24.2. Prices and charges include VAT at the rate applicable at the time of the Order.
- 24.3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods, No credit terms or accounts are available.
- 24.4. We accept payment by Credit or Debit Card, Cheque, Bank Credit Transfer and Paypal. The
following cards are acceptable:
- Visa Electron/Delta
- Diners Club
- 24.5. Goods ordered must be paid for in advance of ordering. This means that if you pay by cheque, then we must pay it into our bank and the amount must clear prior to the order of goods. If you require a proforma invoice in order to raise a cheque for the goods, please contact us as we would be pleased to arrange this for you.
25. Credit Card Processing
- 25.1. We encourage all our customers to place their orders online and pay using our secure payment provider. All card transactions are made using either SagePay or Paypal. This means that your credit card details are safe and secure and are not handled by a person.
- 25.2. In the event that you are not able to complete the payment process online, we are able to process orders by telephone. We take every effort to ensure that this method is as secure and safe as possible.
- 26. Price of Shipping
- 27. For Orders where the delivery address falls within the Standard Delivery Area:
- 27.1. The Shipping Charge is based on Fulfilment Channel and varies between Fulfilment Option.
- 27.2. The Shipping Charge is listed clearly by Fulfilment Channel and Fulfilment Option.
- 27.3. The Shipping Charge is automatically calculated on all Orders placed on Our Website.
- 27.4. //ben We reserve the right to apply a surcharge for deliveries made to the following postcode areas: AB, BT, GY, HS, IM, IV, JE, KW, PA, PH, ZE. The surcharge will be charged at the Carrier's rate to deliver to locations within these areas. If You require delivery to any of these areas We advise You to contact us for further details before submitting an Order.
- 28. We do not currently have a facility to automatically calculate the Shipping Charge for Orders requiring delivery to an address outside of the Standard Delivery Area. If You require delivery outside of the Standard Delivery Area please contact Us for a Shipping Charge quotation. We reserve the right to reject any Order requiring delivery outside the Standard Delivery Area were the Shipping Charge is not agreed in writing prior to Payment.
- 29. Any change made to the Order may result in the Shipping Charge being recalculated. The recalculated Shipping Charge will be borne by Us if the changes made to Order are instigated by Us. The recalculated Shipping Charge will be borne by You if the changes made to Order are instigated by You.
- 30. The price paid for any non-standard Delivery Services (for example, but limited to "Express", "Next Day, "Nominated Day") are non-refundable.
- 31. The price of re-deliveries (i.e. any subsequent delivery that is required due to the original delivery not being completed) will not be bound by this pricing model and will be charged at the Carrier's rate.
- 32. Delivery
- 32.1. Delivery of the Goods shall be made by the Carrier to the delivery address shown in the Order. It is important that the delivery address on the Order is accurate. You must check Your delivery address is accurate on any correspondence You receive from Us.
- 32.2. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- 32.3. You may be required to sign for Your delivery. You should ensure that someone will be available at the delivery address to sign for and check the Goods. We regret cannot give a specific time slot that the delivery will arrive. If the delivery is not completed We will communicate with You and attempt to arrange a new delivery date.
- 32.4. You are asked to check all Goods on arrival. You should not accept delivery of visibly damaged Goods. If You are in any way unable to check the Goods, You should sign the delivery document as "damaged / unchecked". If You notice damage following delivery, You should inform Us straight away. You will be given a reasonable amount of time to inspect the Goods.
- 32.5. In any case, regardless of events beyond our control, if we do not deliver the Goods on time,
you can (in addition to any other remedies) treat the Contract at an end if:
- 32.5.1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- 32.5.2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- 32.6. Heavy or bulky Goods may require lifting or loading into Your property beyond what Our
delivery agents can provide. You must ensure adequate facilities are available to assist with
lifting or loading if You are expecting heavy or bulky Goods.
- 32.6.1. In more layman's terms our service of our delivery agents is a curbside delivery service so please make sure you arrange adequate man/woman power to accept the delivery please don't leave this to your grandmother to accept the goods as these good can be bulky and heavy. Also flights of stairs is not acceptable for all our standard delivery method this is a curbside delivery unless a white glove insured service is pre arranged at an additional cost and clearly explained the situation. This would not be able to be brought on the website only by you pre contacting us would be needed before purchase of the order. This is normally not supplied due to the costs and to keep them down we ask you arrange people to be present to save your pocket.
- 32.7. No guarantees are offered for delivery timescales due to Circumstances beyond the control of either party (this would significantly increase the shipping prices).We therefore respectfully ask that you do not arrange for a plumber or other tradesperson to fit your goods until you have received and checked your order. Any good plumber or fitter should happily make a quick visit to ensure all your Goods are present and correct before starting any work. We cannot be held responsible for tradespersons visits and charges incurred as a result.
- 32.8. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- 32.9. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- 32.10. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- 32.11. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- 32.12. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- 32.13. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and delivering them.
- 32.14. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
33. Force Majeure
- 33.1. We will not be liable or responsible for any failure to perform or any delay in the performance of Our obligation under the Contract that is caused by any act, event, non-happening, omission or accident beyond or outside Our reasonable control ("Force Majeure Event"). It shall include in particular (but not limited to) the following:
- 33.2. Nuclear, chemical or biological disasters or contamination
- 33.3. Severe adverse weather conditions
- 33.4. Terrorist attack or threat, war, riot or civil disturbances
- 33.5. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters
- 33.6. Inability to use railways, shipping, aircraft, road, or any other form of public and private transport. Inability to use public or private telecommunications networks including networks including any loss of internet service
- 33.7. Interruption or failure of utility services including but not limited to electric, power, gas and water. The non-performance or delay by suppliers or sub-contractors
- 33.8. The Acts, decrees, legislation, regulations or restrictions of any government
- 33.9. 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 an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring a Force Majeure Event to a close or to find a solution by which Our obligation under the Contract may be performed despite. If the Force Majeure Event continues for more than 7 days and is likely to continue thereafter, We may cancel the Contract.
34. Risk and Title
- 34.1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- 34.2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
35. Withdrawal and cancellation
- 35.1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- 35.2. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
- 35.3. This is a distance contract (as defined below) which has the cancellation rights (Cancellation
Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the
following goods (with no others) in the following circumstances:
- 35.3.1. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
- 35.3.2. goods that are made to your specifications or are clearly personalised;
- 35.3.3. goods which are liable to deteriorate or expire rapidly.
- 35.4. Also, the Cancellation Rights for a Contract cease to be available in the following
- 35.4.1. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; (for example toilet seats, toilets)
- 35.4.2. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
36. Right to cancel
- 36.1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- 36.2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
- 36.3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- 36.4. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.weheat.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- 36.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
37. Effects of cancellation in the cancellation period
- 37.1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
38. Deduction for Goods supplied
- 38.1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
39. Timing of reimbursement
- 39.1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 39.2. 14 days after the day we receive back from you any Goods supplied, or
- 39.3. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- 39.4. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- 39.5. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
40. Returning Goods
- 40.1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at WEHEAT Returns Clayton Horsnell Yard, 2A Harwich Road Unit 6 Colchester, essex, CO4 3BN without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- 40.2. If Goods have been delivered, You will be required to return them. The following conditions
apply in this case:
- 40.2.1. Upon receipt and acceptance of Your cancellation request will issue You with a Return Number and a Return Address.
- 40.2.2. The cost and responsibility of returning Goods to the Return Address shall be borne by You. In the event that We supply the wrong Goods or damaged Goods to You the cost of returning the Goods shall be borne by Us.
- 40.2.3. You have 14 days from the date You are given the Return Number to return Goods to
the Return Address. Failure to return Goods to the Return Address within this timeframe will
render your Return Number as void.
- 40.2.4. You should not attempt to return Goods to Us or Our suppliers without a Return Number. We cannot accept returns without a valid Returns Number or at any address other than the Return Address. Failure to obtain a Return Number will result in delays processing Your cancellation and may void Your eligibility to return Goods.
- 40.2.5. You have a "Duty of Care" for any Goods delivered to You. Duty of Care requires that all Goods delivered to You are returned complete and undamaged with all accessories and instructions intact. The original packing must also be returned in reasonable condition. You will be liable for the total price of any Goods that are returned damaged or incomplete, or that otherwise do not meet the Duty of Care expectation.
- 40.3. We will refund the amount due to You within 14 days of the Goods being received at the Return Address. You should keep proof of postage for any Goods sent to Return Address. If You cancel the Contract prior to the despatch of the Goods, We will refund You within 14 days of receiving Your cancellation request.
- 40.4. Exemptions:
- 40.4.1. Your right to cancel this Contract will not apply in respect of Personalised
We cannot accept returns or any form of responsibility for Personalised Goods that have been made or altered to incorrect specifications. You are advised to ensure the accuracy of any specifications You give to Us. (Products with options colours,finishes,what alter or change the product, examples of these are Painted, or multiple sized items as these will be made to order ie cast Iron Radiators are purchased by each section then assembled to the required size and may products with many size options are the same)
- 40.4.2. Your right to cancel this Contract will not apply in respect of Goods with Security
Seals that have been tampered with or broken. Security Seals are present on Goods to protect
consumers and ensure that Goods received are in a factory perfect condition and pose no risk
to security and/or safety. By breaking the Security Seal on Goods that You have received,
You acknowledge that Goods are non-returnable. If in doubt check Manufacturer guidelines for
compatibility before breaking the Security Seal. This exemption for Cancellation and Returns
specifically applies to the following Goods when Security Seals have been broken or tampered
- 188.8.131.52. Sensitive equipment of a digital/electronic nature such as Smart Heating Controls with recordable memory and/or registrable software.
- 184.108.40.206. Printed Circuit Boards (PCBs) supplied in electrostatic protective wrapping.
- 40.4.1. Your right to cancel this Contract will not apply in respect of Personalised Goods.
- 40.5. For the purposes of these Cancellation Rights, these words have the following meanings:
- 40.5.1. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- 40.5.2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- 40.6. Conformity
- 40.7. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- 40.8. Upon delivery, the Goods will:
- 40.8.1. be of satisfactory quality;
- 40.8.2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- 40.8.3. conform to their description.
- 40.9. It is not a failure to conform if the failure has its origin in your materials.
41. Successors and our sub-contractors
- 41.1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
42. Circumstances beyond the control of either party
- 42.1. In the event of any failure by a party because of something beyond its reasonable control:
- 42.1.1. the party will advise the other party as soon as reasonably practicable; and
- 42.1.2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
- 42.2. Excluding liability
- 42.3. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
- 42.1. In the event of any failure by a party because of something beyond its reasonable control:
43. Governing law, jurisdiction and complaints
- 43.1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- 43.2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- 43.3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 1 to 5 days.
- 44.1. The content of this Website is copyright protected and reproduction or storage of any of this Website's content is strictly prohibited without consent from Us.
45. Terms of Business Letter – Credit Broker
- 45.1.1. This Terms of Business Letter sets out the terms and conditions under which we conduct our business
- 45.1.2. Regulation We are authorised and regulated by the Financial Conduct Authority. Our Firm Reference Number is FRN 791963. We are permitted to act as a [Credit Broker].
- 45.1.3. You may check this information on the FCA’s Register by visiting www.fca.org.uk/register or by contacting them on 0845 606 1234.
- 45.1.4. Our Services We offer our services to you which include:
- 220.127.116.11. Arranging finance with a funder for you after you have agreed the cost and funders charges (or the basis of such costs if they cannot be determined in advance)
- 18.104.22.168. Preparing and witnessing appropriate loan documentation on behalf of the funder. We are not linked to any of our lending panel members.
- 22.214.171.124. We recognise it is important for customers to be able to shop around for credit and alternative sources of credit.
- 126.96.36.199. Some of the services that we provide are not regulated by the Financial Conduct Authority. You will be advised in advance of any such proposal or service.
- 188.8.131.52. Quotations We will quote figures based on our funders cost of funds. The funder has the right to change or decline these quotes on receipt of the full proposal.
- 184.108.40.206. Our Remuneration Our remuneration is an introductory payment payable by the funder. We do not take credit for payments due until the funding has been paid out. You are entitled, at any time, to request information regarding any payment which we may have received as a result of placing your finance with a funder.
- 220.127.116.11. Conflicts of Interest If through exceptional circumstances Clayton Horsnell Ltd or any of its Directors or other customers has a material interest in business you ask to be transacted for you, we will make you aware of the conflict of interest and we will obtain your consent before your instructions are carried out. A copy of our Conflicts of Interest Policy is available on request.
- 18.104.22.168. Treating you Fairly We always aim to treat you fairly. This means that we will
always endeavour to:
- 22.214.171.124.1. Conduct our business with due skill, care and integrity
- 126.96.36.199.2. Never put ourselves in a position where our primary duty to you is compromised
- 188.8.131.52.3. Deal with any complaint sympathetically and independently of the colleague to whom the complaint is directed
- 184.108.40.206.4. Be transparent in the matter of our remuneration
- 220.127.116.11.5. Respect your confidentiality
- 45.1.5. Complaints If you wish to register a complaint please contact Chris Cook, Business Development Manager in writing at Clayton Horsnell Ltd, Unit 6 Corporation Yard, 2A Harwich Road ,Colchester, Essex, CO4 3BN or by telephone on 0844 504 4499. Our internal complaints procedure is available on request.
- 45.1.6. You may be entitled to refer a complaint against us to the Financial Ombudsman Service if you are not satisfied with our response. The contact details are as follows:
- 45.1.7. The Financial Ombudsman Service, Exchange Tower, London E14 9SR
- 45.1.8. Your Responsibilities In order for us to fulfil our responsibilities to you, you must:
- ● Read the documentation we give you and let us know if there is anything that is unclear or that does not represent your requirements
- ● Comply with the terms and conditions of any agreement we arrange for you
- ● Data Protection and Confidentiality We are registered under the Data Protection Regulations and abide by the requirements of the Regulations. The information we receive from you is used to provide quotations and arrange finance with a funder. You have the right to cancel your authority to use such information. Before or after you enter into any agreement with a funder, to help make credit decisions, the funder will make a credit search with a credit reference agency. If you are a company or partnership they will also make enquiries about the principle director(s) or partner(s) with a credit reference agency. Full details of the use and disclosure of your information by the funder is contained within the terms and conditions of any agreement which you should read before signing.
- 45.1.9. All customers’ records are treated as private and confidential and Clayton Horsnell Ltd therefore reserves the right to give you copies of your particular records rather than allow access to files containing records concerning other clients. If you want sight of your records please send a request to Chris Cook, Business Development Manager, Clayton Horsnell Ltd, Unit 6 Corporation Yard, 2A Harwich Road ,Colchester, Essex, CO4 3BN
- 45.1.10. We are required to verify your identity in accordance with the Proceeds of Crime Act 2002 (POCA) and the Money Laundering Regulations 2007.
- 45.1.11. [Clayton Horsnell Ltd is authorised and regulated by the Financial Conduct Authority]
Model Cancellation Form
2A Harwich Road Unit 6
Email address: firstname.lastname@example.org
Telephone number: 0844 504 6767
Fax number: 0844 504 4498
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)