1. In this document:

        1. ‘Basket’ means the electronic shopping basket to which products on the Website can be added.

        2. ‘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.

        3. ‘Carrier’ means either Us or the delivery agent who shall be responsible for delivering the Goods.

        4. ‘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.

        5. ‘Contract’ means the contract that exists once We accept the Order and agree to the sale of Goods to You.

        6. ‘Delivery Date’ means the date on which the Goods are delivered to You.

        7. ‘Goods’ means any product available for purchase from the Website.

        8. ‘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.

        9. ‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications.

        10. ‘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.

        11. ‘Order Acceptance’ means the Order has been verified by Us and Goods can be despatched.

        12. ‘Order Received Date’ means the date the Order enters Our Information System for review.

        13. ‘Our’ implies the ownership of the Seller.

        14. ‘Payment’ means the transfer of funds from You to Us.

        15. ‘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.

        16. ‘Personalised Goods’ means any products that have been made to measure or have been otherwise altered to any form of specification.

        17. ‘Regulations’ means Consumer Contracts Regulations 2013.

        18. ‘Rejection of the Order’ means the Order has been rejected by Us and will not be processed.

        19. ‘Shipping Charge’ means the amount charged for any of the following services: order picking, packing materials, delivery by Carrier.

        20. ‘Standard Delivery Area’ means England, Wales, Scotland and Northern Ireland.

        21. ‘Seller’, ‘We’, ‘Us’ means Wholesale Water Heaters.

        22. ‘VAT’ means Value Added Tax.

        23. ‘Website’ means Our presence on the Internet, currently accessible via the address www.wholesalewaterheaters.co.uk

        24. ‘Your’ implies the ownership of The Buyer.

    2. Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made there under or any enactment repealing and replacing the act referred to.

    3. Unless the context otherwise requires:

        1. Words importing the singular shall include the plural and vice versa;

        2. Words importing the masculine gender shall include the feminine gender and vice versa;

        3. References to persons shall include bodies of persons whether corporate or incorporate.

    4. Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.

    5. Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.

    1. By submitting the Order, You enter into a legally binding Contract with Us. In accordance with the provisions of the Regulations, You have the right to withdraw from this Contract. Details of Your right to withdraw can be found in the Cancellation and Return Policy at Clause 10.

    2. The price of the Goods, the Shipping Charges and VAT where applicable is set out on the Order.

    3. The quantity, quality and description of the Goods will be those set out in the Order (if accepted by Us). Further specification for the Goods shall be those set out in the relevant pages of this Website.

    4. We shall sell to You, and You shall purchase only those Goods which You have set out on the Order. We reserve the right to reject any Order. Unless otherwise agreed in writing each such sale of Goods will be subject to these the Conditions. The Seller is able to amend the Conditions upon giving written notice to the Buyer.

    5. We will email You to confirm the Order details once the Payment Card is authorised for the transaction. This email does not constitute Order Acceptance. If You do not receive this email within 1 working day of submitting the Order, We advise You to contact us to ensure Your details are accurate.

    6. No Order shall be deemed to be accepted by Us until the anticipated Delivery Date for the Goods has been confirmed by email.

    7. Order Acceptance is made at Our sole discretion, but Orders are normally accepted if the Goods are available, all prices are current, the delivery address is within the Standard Delivery Area and the Payment Card is authorised for the transaction.

    8. Rejection of the Order shall exist if Order Acceptance cannot be made. We will contact You in this instance to advise You of the reasons for rejection and advise any mediating steps.

    9. If We cannot supply any of the Goods set out in the Order, We may offer You an alternative product. You may reject the offer of an alternative product, in which case We will refund the line price plus VAT.

    10. If the price of the Goods increases after the Order Received Date, We may request further Payment from You to the value of the difference between the original and amended Order value. You may cancel the Order if You do not accept the price increase.

    11. Price increases will not affect accepted Orders.

    12. You shall be responsible for ensuring the accuracy of the Order, and for giving Us any necessary information relating to the suitability and delivery of Goods within a sufficient time to enable Us to perform the Contract in accordance with these Conditions.

    13. You should ensure that You read these Conditions carefully and check that the Order is complete and accurate before submitting it. If You think that there has been a mistake then please contact us.

    14. You or We are entitled to withdraw from any Contract in the case of inaccuracies regarding the Goods appearing on the Website.

    15. We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements.

    16. No variation to these Conditions shall be binding upon Us unless and until agreed by email or in writing by Us.

    17. Any error or omission in any information or document issued by Us shall be subject to correction provided that the correction does not materially affect the Contract.

    1. The price of the Goods shall be the price set out on the relevant page of this Website. We reserve the right to change the prices set out on this Website at any time and without notice.

    2. The price of the Goods does not include the Shipping Charge, the terms of which are set out in the Price of Shipping Clause. This Shipping Charge will be shown on the Order.

    3. The grand total price of the Order is inclusive of any applicable VAT.

    4. VAT is currently charged at 20%.

    5. The VAT price is calculated on a per line basis. Every line on the Order is subject to VAT, including any Shipping Charges.

    1. For Orders where the delivery address falls within the Standard Delivery Area:

        1. The Shipping Charge is based on Fulfilment Channel and varies between Fulfilment Option. The Shipping Charge is listed clearly by Fulfilment Channel and Fulfilment Option.

        2. The Shipping Charge is automatically calculated on all Orders placed on Our Website.

        3. We reserve the right to apply a surcharge for deliveries made to the following postcode areas: Non-mainland Britain and Scottish Highlands/ isles. 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.

    2. 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.

    3. 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.

    4. The price paid for any non-standard Delivery Services (for example, but limited to “Express”, “Next Day, “Nominated Day”) are non-refundable.

    5. 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.

    1. Upon providing Us with details of the Payment Card and submitting the Order:

        1. You confirm and undertake that the information contained within the Order is true and accurate and that You are duly authorised to use the Payment Card;

        2. You authorise Us to deduct from the Payment Card account the full price of the Goods and all other payments that may become due to Us under the Contract.

    2. If it is not possible to obtain full payment for the Goods from Your account We may:

        1. Cancel the Order;

        2. Suspend any deliveries of Goods;

        3. Seek to recover any Goods from You that have been delivered;

        4. Seek to recover the full cost from You of any Goods that are not recovered or recovered in a condition that does not permit resale.

        5. Seek to recover any monies owed through our debt collection agency. All debt collection notices will be subject, without exception, to a surcharge of 15% plus VAT to cover Our costs in recovery, as well as any legal costs incurred in obtaining settlement.

    3. Where Goods are returned by You in accordance with Your rights under the provisions of the Cancellation and Return Policy, We shall credit the Payment Card with the appropriate amount.

    4. Unless solely due to Our negligence We cannot be held liable for any losses You may suffer. If in any event the Payment Card is used fraudulently You are entitled to cancel the payment and be reimbursed by the Payment Card Issuer without being charged for the loss.

    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.

    2. You will be advised by email of the delivery date following acceptance of the Order. For this reason, it is important that Your email address is correct and able to accept incoming mail.

    3. If the delivery date is unsuitable, You should contact us as soon as possible and in any event within 2 working days of delivery of the email to rearrange. We will endeavour to deliver on a date suitable to You, however if We cannot agree a suitable date this will not entitle You to treat the Contract as repudiated. Deliveries due within 1 working day of the delivery date cannot be rearranged.

    4. If the Order consists of multiple Goods and We are unable to make delivery of the whole Order but are able to deliver part, We will contact You with multiple delivery dates. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate Contract and any failure by Us to deliver any one or more of the instalments in accordance with these Conditions, or any claim by You in respect of any one or more instalments will not entitle You to treat the Contract as a whole as repudiated.

    5. We will do all that We reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the Order Received Date. We will endeavour to ensure that all Goods will be delivered within a reasonable period.

    6. If We fail for any reason within Our control to fully/partially deliver the Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.

    7. 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 timeslot that the delivery will arrive. If the delivery is not completed We will communicate with You and attempt to arrange a new delivery date.

    8. 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 “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.

    9. 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.

    10. You should not arrange to have the Goods installed until they have been delivered and checked for any damages or faults. You agree that We will not be held liable for the costs of any works or installations that You may incur as a result of a late or failed delivery.

    11. We reserve the right to charge You for re-delivery if the initial delivery attempt fails due to You providing Us with inaccurate delivery address details or if You are not available to take delivery. Please refer to Clause 4 for more information.

    12. We or You are entitled to cancel the Contract in respect of non-performance of obligations in relation to delivery. If the Contract is cancelled due to non-performance on Our part, We will refund You any monies already paid by You and any reasonable return costs incurred by You in accordance with these Conditions.

    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.

    2. We will not accept liability for any Goods damaged during installation by You or any 3rd party.

    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.

Further Information Regarding the Delivery and Installation of Heating Appliances

    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.

    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.

    3. When the qualified Heating Engineer is available, have them check and confirm the Heating Appliance’s 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.

    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.

    5. Following installation, Your qualified Heating Engineer should test and confirm the Heating Appliance is fully functional.

        1. If it is not functional You should ensure all safety precautions have been taken and inform Us straight away.

        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 ffor assistance.

           

    1. Your right to cancel the Contract starts the moment You place the Order and ends 14 days from the Delivery Date.

    2. If the Order consists of multiple Goods, you have 14 days to cancel the Order from the last Delivery Date.

    3. To cancel the Order please contact us by Email.

    4. If Goods have been delivered, You will be required to return them. The following conditions apply in this case:

        1. Upon receipt and acceptance of Your cancellation request will issue You with a Return Number and a Return Address.

        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.

        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 time-frame will render your Return Number as void.

        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.

        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.

    5. 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 dispatch of the Goods, We will refund You within 14 days of receiving Your cancellation request.

    6. Shipping charges will only be refunded upon full cancellation of the Order. Part cancellation of the Order will not entitle You to a proportionate refund of Shipping charges. Any enhanced Shipping charges (for example but not limited to guaranteed next-day delivery or overseas delivery fees) are non-refundable.

    7. Exemptions:

        1. Your right to cancel this Contract will not apply in respect of Personalised Goods.

        2. 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.

        3. 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 with:

        4. Sensitive equipment of a digital/electronic nature such as Smart Heating Controls with record able memory and/or registrable software.

        5. Printed Circuit Boards (PCBs) supplied in electrostatic protective wrapping.

           

    1. As soon as the Carrier delivers the Goods You will be responsible for their condition.

    2. Subject to the provisions of Cancellation and Return Policy and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, 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.

Warranties and Liability

    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.

    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. Time Limit for notification of claims

        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.

        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. 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.

    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:

        1. There is no breach of a legal duty of care owed to You by Us or by any of Our employees or agents;

        2. Such loss or damage is not a reasonably foreseeable result of any such breach;

        3. Any increase in loss or damage resulting from breach by You of any term of this Contract.

    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.

    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.

    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.

    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.

    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.

    10. We assume no responsibility for the content of any other website to which the Website has links.

    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:

    2. Nuclear, chemical or biological disasters or contamination

    3. Severe adverse weather conditions

    4. Terrorist attack or threat, war, riot or civil disturbances

    5. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters

    6. Inability to use railways, shipping, aircraft, road, or any other form of public and private transport

    7. Inability to use public or private telecommunications networks including networks including any loss of internet service

    8. Interruption or failure of utility services including but not limited to electric, power, gas and water

    9. The non-performance or delay by suppliers or sub-contractors

    10. The Acts, decrees, legislation, regulations or restrictions of any government

    11. 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.

    1. The Contract including these Conditions and any document expressly referred to in them constitute the whole agreement between You and Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of the Contract.

    2. Both You and Us each acknowledge that in entering into the Contract that neither You or Us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in the Contract or the documents referred to in them.

    3. Both You and Us each agrees that Our only liability in respect of those representations and warranties that are set out in this Contract (whether made innocently or negligently) will be for breach of Contract.

    4. Nothing in this clause limits or excludes any liability for fraud or, where You are acting as a consumer, Your rights under law as a consumer.

    1. If We fail during the terms of the Contract to insist on the strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not in any way relieve You from compliance with such obligations. A waiver by Us of any default will not constitute a waiver of any subsequent default. No waiver by Us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

    1. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way We deal with any disagreement and You want to take court proceedings You must do so within the United Kingdom.

    2. Any dispute or claim in respect of the Contract or other non-contractual disputes or claims will be governed by English Law and subject to the non-exclusive jurisdiction of the Courts of England and Wales.

    3. If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforce-ability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforce-ability of that provision in any other jurisdiction.

    4. No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Contract (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

    1. If You have any questions or if You have any complaints, please contact us. You can contact us by email at mail@wholesalewaterheaters.co.uk If You wish to contact Us in writing, please send your correspondence by pre-paid post to at P.O BOX 853, Enfield, EN3 7ZY. If We have to contact You or give You notice in writing, We will do so by email, by hand or by pre-paid post to the address You provide to Us in the Order.

    2. Any communication sent electronically by email or otherwise:

        1. Will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;

        2. Will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;

        3. Will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;

        4. Will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

        5. To protect Your own interests You should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.

    3. Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.

    1. We will not pass Your personal information on to any third party other than in cases where it is required by law or for Us to reasonably perform Our duties as set out in these Conditions. We will use Your personal data to:

        1. Provide the Goods;

        2. Process Your Payment;

        3. Inform You of Our special offers and promotions.

    2. If You do not wish to receive Our special offers and promotions You can unsubscribe at any time by following the link provided on the email marketing material.