Terms and conditions
TERMS & CONDITIONS
FOR THE SUPPLY OF GOODS AND SERVICES
This page tells you the terms and conditions on which we supply any of our goods and/or services listed on our website www.domexappliancestore.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering anything from our site. You should understand that by ordering anything form us, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any goods and/or services from our site.
1.1 We, Domex Limited, operate the website www.domexappliancestore.co.uk. We are registered in England and Wales under company number 07372621 and have our registered office at Unit 9 Vale Industrial Park, 170 Rowan Road, London, SW16 5BN. Our VAT number is 843 7307 23.
1.2 We are a member of the Gas Safe Register. We can be identified on the register by our registration number: 301935. Details of the trade register can be found at www.gassaferegister.co.uk
2. GOODS AND SERVICES AVAILABILITY
2.1 We do not accept orders from addresses outside the UK.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old;
3.3 you are resident in the UK.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a goods and/or services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the good and/or service has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 In respect of an order for a service, acceptance of such a request will be via and acceptance email confirming the set up of the requested service.
4.3 The Contract will relate only to those goods and/or services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods and/or services which may have been part of your order until the dispatch of such goods and/or services has been confirmed in a separate Dispatch Confirmation.
5. CONSUMER RIGHTS & CANCELLATION
5.1 If you are contracting as a consumer, you have the right to cancel your Contract for goods and/or services at any time before the expiry of the "cooling-off period", which is a period of seven (7) working days after the date on which:-
5.1.1 If your order is for goods, you receive the goods; or
5.1.2 If your order is for services, the date in which our contract with you is formed.
5.2 If your order is cancelled in accordance with clause 5.1 you will receive a full refund of the price paid for the goods and/or services in accordance with our refunds policy (set out in clause 10 below).
5.3 To cancel a Contract, you must inform us in writing. You must also return the goods to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.4 You will not have any right to cancel a Contract for the supply of goods and services:
5.4.1 after the end of the cooling-off period (unless the goods or services provided are faulty, defective or not in accordance with specification); or
5.4.2 if your order is for services and you have agreed to performance of these services before the cooling-off period has ended; or
5.4.3 if your order is for goods which are perishable or, by reason of their nature, cannot be returned; or
5.4.4 if your order is for goods which have been specifically made to your specification, are clearly personalised or are otherwise unique (unless the goods or services provided are faulty or not in accordance with specification).
5.5 If, at our sole discretion, we allow you to return unwanted goods which conform to contract after the cooling-off period has ended, we reserve the right to charge you a handling fee based on any consequential costs we incur.
OUR RIGHT TO CANCEL
5.6 The sale and supply of goods and services are always subject to availability of stock, and authorisation of your payment details, so:-
5.6.1 In the event that we are reasonably unable to supply the goods or services which you have ordered due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.
5.6.2 In the event that your payment is not authorised, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.
5.7 If you wish to reject goods we have provided because you believe them to be faulty, not in accordance with specification, or damaged on delivery, you must inform us within a reasonable period of time and you must make the rejected goods available for collection by our courier at our request.
5.8 Where we have provided goods which were faulty, not in accordance with specification, or damaged on delivery, we are usually able to offer a repair (where reasonably possible), replacement or a refund.
5.9 If you reject goods which are in every respect what you ordered (being in accordance with specification, and not damaged on delivery) and you are not otherwise entitled to cancel your contract with us, we reserve the right to charge you the direct cost to us of collecting, testing, redelivering and storing the rejected goods.
5.10 We do not cover faults caused by accident, neglect, misuse or normal wear and tear.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 The goods and/or services will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card.
6.3 We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
6.4 We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
6.5 All goods must be signed for by an adult aged 18 years or over on delivery.
6.6 We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused. The goods may be sent to you in instalments. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
7. FAILURE TO ACCEPT GOODS
7.1 If delivery of goods ordered by you is not accepted within two weeks of our first attempt to deliver the goods to any specified address, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.
8. RISK AND TITLE
8.1 The goods will be your responsibility from the time of delivery.
8.2 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges (if applicable).
9. PRICE AND PAYMENT
9.1 The price of the goods and/or services and our delivery charges (if applicable) will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Goods and/or services prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods and/or services in full before the change in VAT takes effect.
9.3 Goods and/or services prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of goods and/or services and it is always possible that, despite our best efforts, some of the goods and/or services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where goods and/or services correct price is less than our stated price, we will charge the lower amount when dispatching the good and/or service to you. If a goods and/or services correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the goods and/or services, or reject your order and notify you that we are rejecting it.
9.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the goods and or servcies to you at the incorrect (lower) price.
9.6 Payment for all goods and/or services must be by credit or debit card we accept most major debit and credit cards. However, we do not accept payment by:
9.6.1 Diner's AmericanExpress; or
9.6.2 AmericanExpress Diners Club
9.7 We will not charge your credit or debit card until we dispatch your order.
10. OUR REFUND POLICY
10.1 If you return a goods and/or services to us:
10.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the goods and/or services in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
10.1.2 for any other reason, we will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective good in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any good purchased from us through our site will, on delivery and for the following 12 months (unless stated otherwise), conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied.
12. OUR LIABILITY
12.1 Subject to clause 12.3, our maximum aggregate liability to you for losses or damages suffered shall not in any circumstances exceed the price paid for the goods and/or services.
12.2 Subject to clause 12.3, we will not be liable for the following losses:
12.2.1 loss of income or revenue;
12.2.2 loss of business;
12.2.3 loss of profits;
12.2.4 loss of anticipated savings;
12.2.5 loss of data; or
12.2.6 waste of management or office time.
However, this clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories of this clause.
12.3 Nothing in this agreement excludes or limits our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
12.3.4 defective goods under the Consumer Protection Act 1987;
12.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Domex Limited at Unit 9 Vale Industrial Park, 170 Rowan road, London, SW16 5BN or email us at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks;
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
16.2.7 pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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 relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order goods and or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods and or service).
21. LAW AND JURISDICTION
Contracts for the purchase of goods and or services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.