DEFINITIONS:
The term "Company" shall mean HEATHIVE LIMITED or any of its associated website.
The term "Customer" shall mean any person, firm or company who purchases goods or services from the Company.
CONDITIONS:
These conditions apply to and are deemed to be incorporated in all orders, contracts, quotations and tenders for the supply and sale of goods or services by the Company.
These conditions supersede any terms and conditions contained in any Customer's order unless otherwise agreed in writing by the Company.
These Terms and Conditions (together with our Conditions of Website Use, Website Accessibility Policy, Privacy Policy, Cookies Policy and Sale Terms) tells you information about us and the legal terms and conditions (Terms) on which we sell any Goods (Goods) listed on our website (our Site) to you, which will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our Site. Please note that by ordering any Goods and by clicking “I Accept” as part of our order process you agree to be bound by these Terms and the other documents expressly referred to in them.
If you refuse to accept these Terms, you will not be able to order any Goods from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time and therefore, every time you wish to order Goods, please check the Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language and any Contract formed between us shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
CONTACT US
To contact us, you can call 020 8803 7111 or email info@heathive.com
OUR GOODS
The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display them accurately, we cannot guarantee that your computer will display the Goods accurately and therefore, your Goods may vary slightly from the images on the Site. Also, the packaging of the Goods may vary from that shown on the images on our Site.
All Goods shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Goods you have ordered are not available and we will not, therefore, process your order if made.
IF YOU ARE A CONSUMER
If you are a consumer, you may only purchase Goods from our Site if you are at least 18 years old.
IF YOU ARE A BUSINESS CUSTOMER
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Goods.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our Site allows you to select Goods, place them in your basket and pay for them at the checkout.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgment). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that contains an invoice for the Goods (Invoice) and the Contract between us will only be formed when we send you this Invoice.
If we are unable to supply you with Goods, for example, because the Goods are not in stock or no longer available or because of an error/mistake in the price of the Goods on our Site we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
If you are a consumer under a “distance contract”, you have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 14 working days after the date the Goods are delivered. This means that during this period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply to made-to-measure or custom-made Goods.
To cancel a Contract, please contact our Customer Services telephone line or e-mail us at info@heathive.co.uk. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
You will receive a full refund of the price you paid for the Goods and standard delivery charges. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
We will provide you with a refund on the credit card or debit card used by you to pay for the Goods.
If the Goods were delivered to you, you must return the Goods to us within 14 days of the cancellation of your order or request us to collect the Goods, at your cost (unless the Goods are faulty or not as described). If the Goods are returned to us they must be in a saleable condition and we are permitted to reduce the refund to reflect any reduction in value of the Goods which are due to the manner in which you have handled them.
As a consumer, you may have additional legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by this refunds/returns policy. Further advice about your legal rights are available from your local Citizens' Advice Bureau or Trading Standards office.
DELIVERY
We will deliver your Goods in accordance with the availability shown on the Site unless there is an Event Outside Our Control (please see below). For Goods shown as in-stock and ordered before the cut-off time shown, they will be despatched the same day. For goods, not in stock and shown as available in a number of working days they will usually be despatched within that period. If for whatever reason we cannot source items which are not in stock then we will advise you of this by email as soon as possible.
Delivery will be completed when we deliver the Goods to the address you have given to us.
The Goods will be your responsibility from the completion of delivery. You own the Goods once we have received payment in full, including all applicable delivery charges. Unfortunately, we do not deliver to addresses outside the UK.
PRICE OF GOODS AND DELIVERY CHARGES
The prices of the Goods will be as quoted on our Site from time to time. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see Mistakes in Prices section below for what happens in this event we discover an error in the price of the Goods.
Prices for our Goods may change from time to time, but changes will not affect any order which we have already confirmed to you.
The price of a Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK. 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 in full before the change in VAT takes effect.
The price of Goods does not include delivery charges. Our delivery charges are as quoted on our Site from time to time. To check relevant delivery charges, please refer to the delivery charges section of the Site.
MISTAKE IN PRICES
Our Site contains a large number of Goods. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if a pricing error occurs (which is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing), we do not have to provide the Goods to you at the incorrect (lower) price.
HOW TO PAY
You can pay for Goods using a PayPall, debit card or credit card. The list of cards that are accepted is clearly shown as part of the checkout process on the site.
Payment for the Goods and all applicable delivery charges is taken in advance.
EVENTS OUTSIDE OUR CONTROL
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 an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
GAS SAFE
Only use a Gas Safe registered engineer to fit, fix or service any Goods purchased (where relevant) or gas appliances you own. You can check if an engineer is registered here www.gassaferegister.co.uk
Always check your engineer’s Gas Safe Register ID card.
Get your gas appliances regularly serviced and safety checked every year.
The poisonous gas carbon monoxide cannot be seen or smelt. Fit a carbon monoxide alarm to alert you if there is carbon monoxide in your home.
PUBLISHED PRICES:
Orders placed will be charged at prices current at the time of delivery.
VALUE ADDED TAX:
All prices quoted are exclusive of Value Added Tax unless otherwise stated.
ORDERS:
Orders placed via the website will be automatically confirmed by email once the Credit or
Debit card transaction has been successfully completed. Orders placed by other means will be processed upon receipt but will not be confirmed unless specifically requested. The company reserves the right to decline or accept any order(s), without providing any explanation, and will, within 24 hours of receipt of orders, inform the customer.
PARTS IDENTIFICATION:
It is the duty of the Customer to order the correct part. The company shall deliver the part ordered and accepts no responsibility for inaccurate advice supplied by a third party to the customer in the identification of the part required, whether through commercial recommendation or technical diagnosis.
OUT OF STOCK ITEMS
In the unlikely event of components not being available for immediate dispatch, the company will immediately notify the customer who shall have the right to cancel or change their order, in which case, any Credit Card transactions, if applied, will be reversed within 24 hours.
RETURNS POLICY:
The Company will not accept any goods returned to them from a customer without prior consent.
When the goods are returned the original delivery note number or invoice number must be quoted.
All costs incurred in returning the parts to the company are to be borne by the Customer.
PCB's and any gas carrying or gas controlling parts are non-returnable.
PARTS CLAIMED TO BE FAULTY AND REQUIRE REPLACEMENT UNDER MANUFACTURERS WARRANTY.
Such items must be returned to the Company together with the original delivery note or invoice only with prior agreement with the Company. The Company will return to the
Manufacturer for inspection/testing. If the item is found to be faulty and the manufacturer agrees to credit, The Company will raise the necessary credit to the Customer.
DESCRIPTION AND QUALITY:
Illustrations, descriptions, weights, and technical data in any of the Company's catalogues whether in paper or electronic format, price lists and statements (written, or oral) made by any representative of the Company are provided to give Customers an approximate picture and description only and do not form the basis of any contractual liability. No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
Designs of goods are subject to alteration without notice.
All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Company accepts no liability as to their suitability for any purpose other than that specified in writing by the Customer at or prior to the time of sale.
GUARANTEE:
The Company undertakes as its option to replace or refund the purchase price of any goods sold or supplied in the following circumstances only:
Where the goods do not correspond to any written identifying description applied to them.
Where the goods prove to be unfit for a particular purpose which has been expressed in writing to the Company.
Where the goods prove to be defective and not for their ordinary purposes within 12 months of delivery.
The Company's liability under this clause shall be accepted by the Customer in lieu of any warranty or condition whether expressed or implied by law.
SUPPLY OF SERVICE:
The Company undertakes to provide services with reasonable skill and care. If defects due to a failure to exercise such skill and care occur within 12 months of the completion of the supply, the Company undertakes to remedy the defects.
LIMITATION OF LIABILITY:
The Company shall not be liable in any circumstances to the Customer whether by way of indemnity or by reason of breach of contract or negligence or of breach of statutory duty or otherwise for loss or damage of any kind, whether direct, indirect or consequential.
The undertaking as to title in Section 12 of the Sale of Goods Act, 1979 is not excluded.
Where the Customer deals as Consumer (as defined in Section 12 of the Unfair Contract Terms Act, 1977) the undertakings implied by sections 13,14,15, of the Sale of Goods Act, 1979 and are not excluded and the Customer's statutory rights are not effected.
The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.
The Company does not exclude any liability which it may incur under the Consumer Protection Act, 1987 for damage as defined in Section 5 of the Act.
PASSING OF PROPERTY AND RISK:
The risk in the goods shall pass to the Customer on delivery.
Title to the goods shall remain vested in the Company after delivery until payment of all sums (whether arising out of this or any other contract) has been made in full to the Company. As long as title in the goods remains vested in the Company and the goods are in possession or under the control of the Customer, the following provisions will apply.
The Customer may (unless otherwise notified in writing by the Company) use, sell or otherwise deal with the goods in the ordinary course of business.
The Customer shall separately store and keep clearly identified the goods from other goods.
The Company may at any time on giving prior notice, enter the premises of Customer for the purpose of inspecting and identifying the goods and the Customer irrevocably authorised the Company to enter upon its premises for that purpose.
The Customer's powers above shall automatically cease if a receiver is appointed over any assets of the undertaking of the Customer or a winding up order is made against the Customer or the Customer goes into voluntary Liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of, or makes any arrangement or composition with Creditors or commits any act of bankruptcy.
Upon determination of the Customer's powers above the Customer shall place the goods at the disposal of the Company, who shall be entitled to enter upon any premises of the Customer for the purpose of removing goods from the premises (including severance from realty where necessary)
If goods are returned or repossessed in accordance with the foregoing provisions the Company shall repay to the Customer any sums received from the Customer in part payment of the price of the goods up to a maximum amount equal to the current market value of the goods based on their condition at the time of return or repossession and after deducting all costs and expenses of the company in having the goods returned or repossessed and subject also to any right of set off the Company may have in respect of other sums owing by the Customer to the Company.
DELIVERY:
Dates quoted for delivery are approximate only and in this respect time shall not be of the essence of the Contract. It shall suffice for the Company to deliver with a reasonable time of the date of delivery quoted, regard being had to all the surrounding circumstances.
Where the Company offers delivery to a site nominated by the Customer, then it's obligation shall be to deliver as near to the site as a safe hard road permits. The Customer shall provide free of charge any labour or machinery required for the purpose of unloading, loading or stacking.
The Company cannot accept liability for any direct or indirect loss arising from delays caused by fire, flood, loss or delay in transit, strike, lockout or form any other cause beyond the Company's reasonable control.
CANCELLATION OF ORDERS:
The Company reserves the right to charge the Customer for all costs incurred on cancelled orders.
EXAMINATION OF GOODS:
Goods must be examined at the point on delivery and acceptance of the parcel/consignment.
The Company shall replace any goods lost in transit to the place of the delivery provided such damage or loss is reported to the Company within 3 working days of such delivery. No other liability shall be accepted by the Company in respect of any such damage or loss.
Any rejection of the goods on any other grounds must be communicated to the Company within 10 working days.
WARRANTY
For new items that we sell from other brands, we give the same warranty period as has been given by the rules and regulations of the manufacturing company. Those warranty periods vary from product to product and company to company. Please check all this in detail before you buy or contact a member of staff via email or phone.
On all of our reconditioned products, we give one-year warranty subject to following terms and conditions:
No warranty will be given on the items damaged by you, for example, PCB’s and fan water damage, and items damaged by giving wrong connections. Also, fan’s failed due to boiler overheating is not covered by our warranty.
Within the warranty period if you find product faulty, we will check it and if necessary we will replace it free of charge.
Before claiming for any item under warranty, please contact our engineers prior to sending it back to us, as this will save time for you and us. The purchase that needs to be replaced must be sent to us in any case, we will send a replacement part free of charge.
RETURN & REFUND
According to 1905 law of government, you can claim return or refund within 14 days of purchase, subject to conditions given below,
No refund or exchange is given on electronic PCB in any case.
Other boiler parts and plumbing equipment can be returned within 14 days of billing date if they are not used and are also in sealed in the same condition when sold.
No refund, credit or exchange is allowed in case of reconditioned parts.
DEPOSIT REFUND
Deposit given at time of transaction will only be returned if you produce the old items along with the deposit receipt within 3 months of that transaction. The items that you bring back to claim the deposit refund must not be damaged.
For the payments made through PayPal, the returns can only be claimed within 60 days of purchase. It will be returned through PayPal only. After 60 days, your deposit will be returned through bank transfer. At time of claiming please provide item and your PayPal e-mail address.
For payments made on our trade counter with credit or debit card, refund will be given in cash on producing proof of receipt.
For payments made with credit card on mail orders providing your card details, refunds will
be reversed to your method of payment.