Haier Spares Consumer Terms & Conditions
Further information available from:
Haier Spares Website Terms & Conditions
Haier Spares Consumer Terms & Conditions
Haier Spares Trade Terms & Conditions
1.1 In these conditions:
"Conditions" means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
"Consumer" means any natural person who is acting for purposes which are outside his trade, business or profession;
"Contract" means any contract for Goods made between you and the Company;
"Goods" means the goods or services which we shall supply in accordance with these Conditions;
"we" means Haier Spares Limited with a Company number 07135250 and its Head Office at Unit 13b, Miners Way, Lakesview International Business Park, Hersden, Canterbury, Kent CT3 4LQ. Tel 01227 719355 e-mail: email@example.com and "us" and "our" shall be construed accordingly;
"you" means the customer seeking to purchase the Goods from us and "your" shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 references to any statute or statutory provision include a reference to that statutory provision as from time to time amended, extended or re-enacted.
1.4 The singular includes the plural and vice versa and any gender includes any other gender
2. BASIS OF THE SALE
2.1 These Conditions and the terms of the Returns Policy shall apply to all Contracts between us for the sale of Goods.
2.2 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate and for guidance purposes only and any reference to them is not intended to form the basis of any Contract.
3. ORDERS AND SPECIFICATIONS
3.1 All quotations and estimates provided by us (whether written or oral) shall not be construed as an offer but shall be an invitation for you to make an offer to us to purchase the Goods. Accordingly, any order submitted by you will only be accepted once we have confirmed your order by e-mail. Receipt of our written consent will be deemed to be the point at which a contract is entered into and becomes binding.
3.2 You shall be responsible for ensuring the accuracy of any order which you submit and for providing us with all necessary information relating to the Goods within a sufficient time of placing your order to enable us to perform the Contract in accordance with these Conditions.
3.3 Any order made by you in respect of a quotation or estimate must state the following information:
3.3.1 the date;
3.3.2 the reference number (if any) of that quotation or estimate; or
3.3.3 the address for delivery and any applicable directions.
4. COLLECTION AND DELIVERY
4.1 We aim to provide you with an accurate date on which the Goods will be ready for collection or delivery. Where we become aware that the date for collection or delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We will not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control.
4.2 You shall be responsible for making all necessary arrangements to take delivery of or collect the Goods from our premises except where alternative arrangements have been otherwise agreed.
4.3 Notwithstanding Condition 4.1, where agreed, we shall deliver the Goods to any address (in the United Kingdom) you may specify (subject to appropriate instructions or directions being given). We shall notify you at the time of confirming your order of any additional delivery charges or other expenses for which you will be liable.
4.4 If you fail to collect or take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery, then we reserve the right to store the Goods until actual delivery or collection and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
5. LOSS OR DAMAGE TO GOODS
5.1 We request that you examine the Goods on delivery or on collection (as the case may be) as soon as reasonably possible to do so.
5.2 Where you wish to return Goods because they are damaged or defective, we request that you do so in accordance with our Returns policy.
6.1 The price of the Goods shall be the price given at the date you place your order and as confirmed by us by email.
6.2 While we will try to ensure that all prices in our literature or on our website are accurate errors may occur or the price may change for reasons beyond our control. If we discover an error or need to increase the price of the Goods you have ordered, we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it.
6.3 If we are unable to contact you we will treat the order as cancelled or where you decide to cancel your order and have already paid for the Goods, we will give you a full refund.
6.4 The price of the Goods shall be inclusive of VAT and any additional costs in respect of carriage, insurance, and storage (less any discount we allow) shall be notified to you at the time we confirm the order.
7. DATE FOR PAYMENT
7.1 You shall pay for the Goods at the time you place the order or where you have an account with us, you may wish to purchase the Goods on your account and we shall raise an invoice for the Goods.
7.2 You shall pay any invoice raised, in full, within thirty days from the date of the invoice.
7.3 Where payment remains outstanding beyond this date, interest will be charged at a reasonable rate, accruing pro rata on a daily basis until payment is received in full.
7.4 Notwithstanding Condition 7.3, where you delay or default in making any payment to us, we shall reserve the right to enforce payment on all or any sums owing to us, on any account whatsoever, including the costs of recovery of such sums which are due and payable.
7.5 In the event of any dispute or claim arising in relation to the Goods, you shall follow the procedure in Condition 5 but remain liable to pay to us, in full, the price of any Goods actually delivered and not the subject of any claim or dispute.
8. RISK AND PROPERTY
8.1 Risk of damage to or loss of the Goods shall pass to you:
8.1.1 where Goods are to be collected from our premises, from the time you collect the Goods from us; or
8.1.2 where Goods are to be delivered to you, at the time we deliver them to your premises.
8.2 Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not take place until we receive payment in full for all sums due and owing under the Contract on any account. Until such time that we are in receipt of all sums due and owing, we shall remain the owner of the Goods.
8.3 Until such time as the Goods are paid for in full, you shall be responsible for taking reasonable care of the Goods. Where possible, you are required to store the Goods separately from all other goods in your possession in such a way that the Goods can be readily identified as still being ours. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled to seek a court order to enter upon your premises or any other third party premises where the Goods are stored for the purpose of repossessing the Goods.
9.1 The Contract or performance of all or any of the obligations under the Contract may be withheld, varied or suspended if any one (or more) of the following events occur:
9.1.1 where any sum remains unpaid or outstanding on any invoice or account after the due date for payment;
9.1.2 where the Goods are unable to be delivered or collected in accordance with the terms of the Contract;
9.1.3 either party makes any voluntary arrangement, becomes bankrupt, insolvent or commits any other act of bankruptcy;
9.1.4 either party commits any breach of the Contract and have failed to remedy such breach (where capable of remedy) within 30 days of being notified by the other party of the existence of the breach;
9.2 If we are unable to supply you with the Goods you have ordered for any reason (beyond our control) and it is necessary to make alternative arrangements or offer you a substitute product, we will notify you and you will have the option to either accept the replacement product or cancel your order and receive a full refund.
9.3 If you exceed the credit limit agreed between us from time to time on any account, we shall be entitled to require the payment of such proportion of the sum or sums outstanding on any account as we may stipulate, as a condition of resuming performance under the Contract or such further sums to bring you back within your agreed credit limit. Where such event occurs, any amount owing and outstanding shall be regarded as a debt of which we shall be an unsecured creditor.
10. WARRANTY AND LIABILITY
10.1 Save as provided elsewhere, our liability for death or personal injury caused by our negligence shall be unlimited and for all other loss or damage which you may suffer or incur in connection with the supply of Goods under this Contract, our liability shall be limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent.
10.2 The provisions of this Condition 10 shall survive termination of the Contract and any exclusion from and limitations of liability shall be considered separately and individually from one another.
11. CANCELLATION RIGHTS
This Condition 11 does not affect your legal and statutory rights, and further advice can be obtained from the Citizens Advice Bureau.
11.1 You will be entitled to cancel the Contract with us in the following circumstances:
11.1.1 where you are unhappy with the Goods, for whatever reason, and notify us before the expiry of seven working days from the day after the day on which the Goods were received; or
11.1.2 where Goods supplied are faulty or not in accordance with the specifications of your order.
11.2 In all other circumstances, once the Goods have been received, you will not be able to cancel the Contract and will be liable to us for the price, unless otherwise determined in our absolute discretion.
11.3 Where you wish to cancel your order, we request that you return the Goods to us in accordance with our Returns policy.
11.4 Please note that this right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
11.5 We warrant to you that the Goods will be of satisfactory quality and fit for their normally intended purpose. This warranty is given subject to the following conditions, and we shall be under no liability in respect of:
11.5.1 any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
11.5.2 any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection (if so required).
12.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of their obligations if the delay or failure to act is due to a cause beyond that party’s reasonable control.
12.2 In placing an order with us, you warrant that you are a resident of the United Kingdom and that you have the necessary permission and authority to enter into this Contract.
12.3 These Conditions do not purport to confer a benefit on any third party.
12.4 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
12.5 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of that or any subsequent breach of the same or any other provision.
12.6 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
12.7 The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
12.8 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.
Return of Goods Policy
Do not return Goods to us without following the steps below. We will not be liable for any Goods returned to us that do not follow this procedure.
1. You have a statutory duty to take reasonable care of the Goods whilst they are in your possession and up until the time when the Goods are physically returned to us. Notwithstanding any rights you have as a "consumer" under the Consumer Protection (Distance Selling) Regulations 2000 ("The Regulations") in relation to cancellation of an order or returning Goods to us, if any damage is caused to the Goods whilst they are in your possession, we may have a claim against you for breach of that statutory duty.
2. Before returning any Goods to us we request that you contact us in writing or by e-mail at firstname.lastname@example.org to inform us that Goods are being returned and to obtain a return reference number.
3. In returning the Goods to us we request that you comply with the following requirements:
3.1. you state your original order reference number on any correspondence sent with the returned Goods to assist us in dealing with any refund efficiently;
3.2. return all the original packaging where possible to do so;
3.3. ensure that the Goods are packaged securely taking all measures where possible to prevent damage in transit;
3.4. on the outside of the parcel packaging, clearly mark the returns reference number and our postal address.
For example: Returns Reference Number 123456789
Haier Spares Ltd
Unit 13b, Miners Way,
Lakesview International Business Park,
4. Except where otherwise agreed, you are responsible for returning the Goods to us. We ask that you please ensure that you obtain adequate proof of delivery as we will not be liable for any Goods that are lost or damaged in transit.
5. Where Goods have been damaged whilst in your possession we shall not be obliged to accept the return of those Goods. In such circumstances, we will notify you that the Goods are available for re-collection or re-delivery for which you shall be liable for any reasonable delivery charges incurred.
6. We shall inspect all Goods that are returned and should we deem the complaint for damaged or faulty Goods to be unjustified, we will inform you of the reasons for our decision and either notify you that the Goods are ready for collection or arrange for them to be re-delivered to you.
7. Where we accept the return of the Goods, we will provide you with either replacement Goods or a full refund or account credit as you request. Any refund will be repaid or credited within 30 days of being notified of your intention to cancel.
8. refunds are at discretion of management unless items is faulty or does not do as intended.
No complaint which arises from improper installation can be considered. The company will not accept the return of any goods unless such return has received the prior approval of the company. Goods returned for credit due to the customers error will only be credited at 80% of the original invoice price or scrap value if not in perfect condition. This includes returns arising from duplication of orders due to the failure of the customer to mark confirmation orders as such. The company's liability for defective material will be limited to replacement value.
Complaints with regard to design or visual defects or variation from the customer's requirements will only be considered prior to the goods being fitted. Complaints of unsuitability, of physical defects or failure to comply with previously specified performance or standards will not be considered. No liability for claims regarding fitness for purpose can be accepted if the quality concerned is used for a location other than that recommended in the appropriate quality standard.