READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER.
WE RECOMMEND THAT YOU RETAIN A COPY OF THESE TERMS ALONG WITH YOUR ORDER CONFIRMATION FOR FUTURE
- Contract Format
- Description and Pricing
- Your Right of Cancellation
- Limitation of Liability
- Data Protection
- WEEE Regulations
Format - SECTION 1
- These terms of sale apply to all goods supplied by www.homesupply.co.uk (HomeSupply)
- No contract exists between you and HomeSupply for the sale of any goods until HomeSupply has received and accepted your order and HomeSupply has received payment in full (in cleared funds). Once HomeSupply does so, there is a binding legal contract between us.
- By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is successfully taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
- The contract is subject to your right of cancellation (see section 6).
- HomeSupply may change these terms of sale without notice to you in relation to future sales.
Description and pricing - SECTION 2
- The description and price of the goods you order will be as shown on the HomeSupply website at the time you place your order. Whilst every effort is taken to ensure information provided on our web site is accurate, we do request that our customers satisfy themselves that the product purchased will be suitable for use.
- The goods are subject to availability. If on receipt of your order the goods you have ordered are not available, HomeSupply will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If an error is found, HomeSupply will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If HomeSupply do not receive an order confirmation within 7 days of informing you of the error, your order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 7-day period, HomeSupply will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- In addition to the price stated, you may be required to pay a delivery charge for the goods.
- Product images are for illustrative purposes only and may differ from the actual product. We do not accept any liability for the accuracy of the images which are provided by the manufacturers.
Payment - SECTION 3
- Payment for the goods and delivery charges can be made by any method shown on the HomeSupply.co.uk website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle HomeSupply to terminate the contract immediately.
- There will be no delivery until cleared funds have been received.
- Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by HomeSupply to you.
Delivery - SECTION 4
- The goods you order will be delivered to the address you give when you place your order.
- Our delivery charge will be shown separately on your order. Please take note that this will be our ‘basic charge’ and it may not represent our actual costs for delivering your order as, in the majority of cases, our costs are much higher than what we actually charge you. This is particularly relevant if you ask us to collect goods or arrange deliveries outside of our standard terms and conditions.
- If delivery cannot be made to your address for any reason, HomeSupply will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited immediately.
- Any refused or failed deliveries may incur an additional delivery charge and this must be paid before any further attempts to deliver are made.
- If you fail to take delivery because you have cancelled your contract under the Consumer Rights Act 2015, HomeSupply shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
- Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, HomeSupply will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, HomeSupply will inform you as soon as possible.
- If goods are ordered on a weekend or a bank holiday, the order will be processed on the next working day and delivery dates will vary accordingly. If a delivery would normally be required to take place over the Christmas shutdown period, the delivery period may have to be extended to a later date. We endeavour to deliver all goods on time, however delays are possible, therefore do not book your installer until your order has been safely received complete, and in good condition.
- You may sometimes receive your order in parts. This may happen when the goods you order are from a range of different manufacturers or when items are temporarily out of stock. We reserve the right to do this and we will not charge you any extra for these additional deliveries.
- Upon receipt of your order you will be asked to sign to confirm your goods have been received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the time of delivery then please sign for the parcel as UNCHECKED. Failure to do so may affect any warranty claims that you make thereafter.
- It is important that someone is available to sign the delivery documentation when your order arrives. However we are aware that some of our customers may request that goods are 'left in a safe place' stated on their order. Whilst we are happy to pass these instructions on to our couriers, this is done entirely at your own risk and at the discretion of the courier. We accept no liability for claims for shortages or non-delivery, when goods are delivered in this manner at your request. Please do not ask us to leave goods without obtaining a signature unless you are prepared to accept the risks that this involves.
- All goods supplied, must be checked within 72 hours of delivery for defects and suitability. Any defects must be reported to HomeSupply customer services immediately but no later than 7 days after delivery. We will not be held liable for any warranty and/or defect claims made thereafter.
Risk/Title - SECTION 5
- The goods become your risk from the time of delivery.
- Ownership of the goods shall not pass to you until HomeSupply has received in full (in cash or cleared funds) all sums due to it in respect of:
- the goods, and
- all other sums which are or which become due to HomeSupply from you on any account.
- HomeSupply shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from HomeSupply.
Your right of cancellation - SECTION 6
- You have the right to cancel the contract at any time up to 14 days after the day of delivery (see below).
- To exercise your right of cancellation, you must provide written notice to HomeSupply by email or letter giving details of the goods ordered and reason for cancellation. Notification by phone is not sufficient.
- Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods which have been delivered to you, you will be responsible for returning the goods with the original packaging within 14 days of HomeSupply acknowledging your return request and providing a return address. Once you have submitted your written notice of cancellation, the goods must be returned to the address given to you by HomeSupply at your own cost. You must take reasonable care to ensure the goods are not damaged whilst in your possession.
- We reserve the right to charge a restocking fee in the event of items returned with damaged packaging or missing/incomplete parts. There will also be a collection charge where goods are returned as unwanted. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 7.iii or 7.iv, either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
- Once you have notified HomeSupply that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you, or debited from your credit card for the goods, less any charges as notified and confirmed by you.
- Except in the case of faulty or misdescribed goods, if you do not return the goods as required, HomeSupply may charge you a sum not exceeding the direct costs of recovering the goods.
- Any refused or failed collections may incur an additional collection charge and this agreed too before any further attempts at collection are made.
- Special orders - Products which are made or finished to the customer's specification are not covered by the right of cancellation as detailed above.
Warranty - SECTION 7
- All goods supplied by HomeSupply are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
- This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's or Supplier's written approval.
- If the goods supplied to you are damaged upon delivery, you should notify HomeSupply in writing via the e-mail address or shown below as soon as possible and within 7 days after goods have been delivered.
- You have a right to cancel items that are faulty or develop a fault within the first 30 days after delivery - you must notify HomeSupply immediately of any fault.
- If the goods supplied to you develop a defect within the warranty period or you have any other complaint about the goods, you should notify HomeSupply in writing via the e-mail address shown below.
Limitation of Liability - SECTION 8
- As a consumer HomeSupply shall not be liable to you for any loss or damage in circumstances where:
- there is no breach of a legal duty owed to you by HomeSupply or by its employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such breach;
- any increase in loss or damage resulting from breach by you of any term of this contract.
- Nothing in these conditions excludes or limits the liability of HomeSupply for death or personal injury caused by HomeSupply's negligence or fraudulent misrepresentation.
We use your personal information solely to provide you with goods and services and to help us better understand your needs and interests. Occasionally we may also use your information to contact you for market research regarding our products or services unless you specifically ask us not to. We will not share, sell or otherwise divulge your personal information to any third-party unless it for the purpose of preventing fraud or we are legally obliged to do so.
We will take all reasonable precautions to keep the details of your order secure but unless HomeSupply is negligent, HomeSupply will not be liable for unauthorised access to information supplied by you. Payment information is passed through a highly sophisticated payment gateway (SagePay) and is encrypted to further increase security. HomeSupply do not hold payment card information either in written or electronic format and cannot be held responsible for any loss of data outside its control.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
In order to partially meet our obligations as a distributor as defined in the UK Waste Electrical and Electronic Equipment (WEEE) Regulations (SI 2006 No. 3289 - 11 December 2006) (referred to hereafter as “the WEEE Regulations”), we have opted to become a full member of the Distributor Take back Scheme (DTS). Membership of the DTS is defined in regulation 35 of the WEEE Regulations and delivers exemption from the requirements of regulation 31 (to “ensure that WEEE from private households can be returned to him free of charge and on a one-to-one basis”) and regulation 34(1) (maintenance of records).
As a member of the DTS, we have made a financial contribution toward the development of the network of Designated Collection Facilities (DCFs) instead of offering instore take back of WEEE. This financial contribution is described in paragraphs 83 to 88 of the UK WEEE guidance, and has been used to improve the WEEE collection facilities located at Local Authority Civic Amenity sites.
In addition, through our support of the national recycling website, recycle-more.co.uk, we will also meet our obligations under regulation 33 to make information available to users of EEE in private households on -
- the requirement on each Member State under Article 2 of the Directive to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of collection of WEEE for treatment, recovery and environmentally sound disposal;
- the collection and take back systems available to them;
- their role in contributing to the reuse, recycling and other forms of recovery of WEEE under these Regulations;
- the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE; and
- the meaning of the crossed out wheeled bin symbol.