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Terms and Conditions

TERMS AND CONDITIONS

This document (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website https://verismartheating.com/ (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you accept our terms and conditions.

You may print a copy of these Terms for future reference.

These Terms, and any Contract between us, are only in the English language.

QUICK ACCESS

  1. Information About Us
  2. Use Of Our Website
  3. Personal Information
  4. Our Products
  5. Prices And Payments
  6. How To Pay
  7. Entire Agreement
  8. If You Are A Consumer
  9. If You Are A Business Customer
  10. Risk And Title
  11. How The Contract Is Formed Between You And Us
  12. Delivery
  13. Performance Of Services
  14. Your Customer Right Of Return And Refund
  15. Manufacturer’s Guarantee And Defective Products
  16. Our Right To Vary These Terms And Conditions Of Supply
  17. Complaints
  18. Liability If You Are A Business Customer
  19. Liability If You Are A Consumer
  20. Events Outside Our Control
  21. Communications Between Us
  22. Other Important Terms
  23. Jurisdiction

1. INFORMATION ABOUT US

1.1 We operate the website verismartheating.com. We are VeriSmart Heating, a company registered in England and Wales under company number 09594088 and with our registered office at West Hill House, Allerton Hill, Chapel Allerton, Leeds, West Yorkshire, LS7 3QB.

1.2 Our email address is info@verismartheating.com and our telephone number is 01484 213151.

1.3 Our VAT number is GB 212 767 024.

2. USE OF OUR SITE

Your use of our Website is governed by our Privacy Policy, Website Terms of Use, WiFi App Terms of Use, Returns Policy, Cookie Policy, and Acceptable Use Policy. Please take the time to read these policies, as they include important terms that apply to you.

3. PERSONAL INFORMATION

3.1 How We Use Your Personal Information. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this policy, as it includes important terms that apply to you.

4. OUR PRODUCT

4.1 The images of the Products on our Website are for illustrative purposes only. The Products ordered by you may vary slightly from the images displayed on our website.

4.2 We are as accurate as possible when describing our Products and Services. All sizes, weights, capacities, dimensions and measurements of Products indicated on our Website have been provided by the manufacturers of those Products.

4.3 All Products shown on our website are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will not process your order if made.

5. PRICES AND PAYMENT

5.1 The prices of the Products and Services will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that our prices are correct. In some cases, we may need to obtain further details in order to provide a quote for the price of Services. The price of Services may therefore vary from the prices on the Website depending on your circumstances. Please see clause 5.5 for what happens if we discover an error in the price of the Products or Services that you have ordered.

5.2 Any Price changes will not affect any order that you have placed, and that has been accepted by us and confirmed with a Dispatch Confirmation.

5.3 The price of our Products and Services excludes VAT at the prevailing rate unless stated otherwise. 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 Products and / or Services in full before the change in VAT takes effect.

5.4 The prices of our Products do not include delivery charges which will need to be added to your order unless it qualifies for FREE DELIVERY. Our delivery charges are as advised to you during the check-out process, before you confirm your order. For more information on our delivery charges, please refer to our Delivery Policy [clause 12 below].

5.5 Your rights to a refund on cancellation are set out in clause 14. We will invoice you for the outstanding balance for Services on or any time after we have performed the Services. Each invoice will quote the order number. You must pay each invoice in cleared monies within 30 days of receipt of the invoice.

5.6 We supply a large number of Products and Services. It is always possible that some of the Products and Services on our Website or otherwise may be incorrectly priced. If we discover a pricing error we will contact you to inform you and we will give you the option of continuing with the purchase 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 we do not have to provide the Products and / or Services to you at the incorrect (lower) price.

6. HOW TO PAY

6.1 You can only pay for Products on the Website using a debit card, credit card or charge card. We accept the following payment methods: Visa, Visa Debit, Mastercard, Debit Mastercard, American Express and PayPal.

6.2 Payment for the Products and all applicable delivery charges (if any) is in advance.

7. ENTIRE AGREEMENT

7.1 Our Legal Terms, together with your order (if any) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7.2 You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our Legal Terms.

8. IF YOU ARE A CONSUMER

This clause 8 only applies if you are a consumer.

8.1 If you are a consumer, you may only purchase Products and / or Services from our Website if you are at least 18 years old. By placing an order you confirm that you are at least 18 years old.

9. IF YOU ARE A BUSINESS CUSTOMER

This clause 9 only applies if you are a business customer.

9.1 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 Products and / or Services.

9.2 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in a Contract.

10. RISK AND TITLE

10.1 The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.

10.2 VeriSmart reserves the right to enter the buyer’s premises to re-possess any Products in which it retains title as a result of any non-payment by the buyer as outlined above.

11. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

11.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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 stage of the order process.

11.2 We will acknowledge your order when you place it. This does not mean that your order has been accepted. We will contact you to confirm our acceptance of your order (Acceptance Confirmation) which shall include, where you have purchased Products, sending you a tracking code by email when your order is shipped to enable you to check progress of your delivery online. The Contract between you and us will only be formed when you receive the Acceptance Confirmation.

11.3 If we are unable to supply you with a Product and / or Services because they are no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product and / or Services, we will refund you the full amount including any delivery costs charged as soon as possible.

11.4 If a Product is out of stock, the estimated delivery time will be longer and you will be contacted by us in order to set a new delivery date and / or to arrange a new date for performance of the Services if necessary.

11.5 If a Product is available for purchase on pre-order, a manufacturing time of 8 – 16 weeks may apply, delivery is thereafter estimated within 1 week. You will be contacted by us with updates of the manufacturing lead time and to make arrangements for the delivery of your Product.

12. DELIVERY

12.1 Your order will be fulfilled by the estimated delivery date as per clause 12.2 below unless there is an Event Outside Our Control, in which event we will contact you with a revised estimated delivery date.

12.2 We will contact you with an estimated delivery date (for more information on when you can expect Products ordered by you to be delivered, please see our Delivery Policy. Occasionally, our delivery to you may be affected by an Event Outside Our Control (please see clause 20 for our responsibilities when this happens).

12.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us when placing your order or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.

12.4 Our delivery policy is kerbside delivery only. Our courier will deliver your Products to the main entrance of your delivery address. For example, this would be the ground floor entrance to a high-rise apartment building, or the entrance to your commercial premises for collection by your own personnel. If you inform us that you have additional requirements for delivery, we will inform you whether we can assist in this. An additional charge may be payable in respect of the same.

12.5 We will deliver your Products via a courier service of our choosing. All of our delivery methods are insured, and upon delivery all responsibility for the Products passes to you.

12.6 In some instances where you order more than one Product from us we will arrange for palletised delivery. You will be notified of this at the time of ordering.

12.7 We are not responsible for the removal or disposal of any packaging in which your Products are supplied to you.

12.8 You own the Products once we have received payment in full, including all applicable delivery charges (if any).

12.9 This clause only applies if you are a consumer. If we miss the delivery deadline for any Products then you may cancel your order straight away if we have refused to deliver the Products.

12.10 We quote delivery times when an order is placed with us. In the event of those delivery dates altering from the date quoted at the time of purchase we cannot be held responsible for delays caused by our suppliers as this is beyond our control. We shall, however seek to resolve any third part delays as soon as is possible.

12.11 If you do choose to cancel your order per clause 14, and the Products have already been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery in accordance with the relevant provisions of clause 12.9.

12.12 Our free delivery service may be available for deliveries to anywhere in the mainland UK and some selected areas of Scotland. Please contact us to find out the precise costs of delivery (if any). In some circumstances, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.

12.13 You will be responsible for payment of any such import duties and taxes.

12.14 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.

13. PERFORMANCE OF SERVICES

13.1 We will supply the Services to you on the date agreed between us in writing. We will not begin to supply any Services before the end of the cancellation period unless you expressly request that we do so in writing and acknowledge that your cancellation rights will be lost once the Services have been fully performed.

13.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control (please see clause 20 for our responsibilities when this happens).

13.3 We may need certain information from you that is necessary for us to provide the Services. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional reasonable charge to cover any extra work that is required or we may need to suspend the Services. We will not be liable for any delay or non-performance where you have not provided the necessary information to us. We may also have to suspend the Services if we have to deal with technical problems, or to make improvements as agreed between you and us in writing. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under but this does not affect your obligation to pay for any invoices that we have already sent to you.

13.4 In some circumstances, we may be unable to provide you with the Services that you require and may therefore request that a third party provides those Services to you (Third Party Services). We will let you know where this is the case. By placing an order for Third Party Services, you will be entering in to a direct contractual relationship with the third party providing those Third Party Services. You must unconditionally accept these Terms and Conditions of Supply and the terms and conditions of any third party (in respect of the Third Party Services that they supply to you) if you want to proceed with your order.

13.5 In certain circumstances, we will supply services to you on a SUPPLY-ONLY basis. This means that the services provided to you are performed by a third party, and that we do not supervise or accept any responsibility or liability for the works of that third party. You will be advised in any instance where supply-only services are to be provided to you.

13.6 This clause only applies if you are a business customer. Where we supply Products to a business premises, it is your responsibility to ensure that an area is made available for Product delivery, in anticipation of the Products’ arrival.

14. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 14 only applies if you are a consumer

14.1 If you are a consumer, you have the benefit of a 14 day cooling off period where you have a legal right to cancel a Contract for Products and / or Services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.

14.2 This means that during the relevant period set out in clause, if you change your mind for any reason and you do not want to keep a Product and / or receive Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

14.3 However, this legal right to cancel does not apply in the case of:

14.3.1 any Products which become mixed inseparably with other items after their delivery.

14.4 Your legal right to cancel a Contract starts from the date of the Acceptance Confirmation (the date on which we contact you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered. The end date is the end of 14 days after the day on which you receive the Acceptance Confirmation. Example: if we provide you with an Acceptance Confirmation on 1 February whereby we agree to deliver your electric radiator, 15 February will be the last day of the cancellation period (subject to clause 12.12).

14.5 To cancel a Contract, you just need to let us know that you have decided to cancel. You can contact us by e-mail, post or telephone to cancel a Contract. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you post your letter in time for it to be taken with the last post on the last day of the cancellation period or e-mail us before midnight on that day.

14.6 Please provide your name, address, telephone number, the full product details and your order number to help us to identify your order and process your refund.

14.7 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

14.8 If you cancel your Contract we will:

14.8.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling and or use of them in a way which would not be permitted in a shop;

14.8.2 refund you the price you paid for the Services but only to the extent that they have not been performed. You must pay for the supply of the Services for the period for which they have been supplied up until the time of cancellation. The price for Services supplied shall be determined in proportion to the full value of the Services to be performed under the Contract. We will not begin to supply any Services before the end of the cancellation period unless you expressly request that we do so in writing and acknowledge that your cancellation rights will be lost once the Services have been performed in full;

14.8.3 refund delivery costs (where you have paid for delivery) limited to the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if you place your order on a Friday and we offer delivery of the Product on the following Monday at one cost but you choose to have the Product delivered at the weekend at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

14.8.4 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(a) if you have received the Product and we have not offered to collect it from you, you will receive your refund within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;

(b) if you have not received the Product or you have received it and we have offered to collect it from you, you will receive your refund 14 days after you inform us of your decision to cancel the Contract or 14 days after we have received the returned Product from you; and

(c) in respect of any Services that you have prepaid for, you will receive your refund 14 days after you inform us of your decision to cancel the Contract.

14.9 If you have returned the Products because they are faulty or not as described, you will be entitled to a full refund subject to our terms under clause 15.3.

14.10 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products and / or Services we may refund you in vouchers.

14.11 If a Product has been delivered to you before you decide to cancel your Contract:

14.11.1 you will be responsible for the cost of returning the Product to us unless the Product is faulty or not as described (in this case, see clause 15.3). We will let you know the precise costs of collection prior to collecting any Products and we will only do so if you agree to pay the costs of collection.

14.12 We are under a legal duty to supply Products and / or Services that are in conformity with a Contract. If you are a consumer, you have legal rights in relation to Products that are faulty or not as described and Services that are not carried out with reasonable skill and care, or if the materials used are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 14 or anything else in these Terms and Conditions of Supply. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

14.13 For further detail on our returns process and policy, please see our Returns Policy

15. MANUFACTURER’S GUARANTEE AND DEFECTIVE PRODUCTS

15.1 Some of the Products we sell come to you with a manufacturer’s guarantee. To register your product for the warranty visit the Register Your Warranty page.

15.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

15.3 In the unlikely event that there is a defect with a Product that manifests we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Products to us, where you have made the return within 30 days. Otherwise subject to your final right to reject under s24 Consumer Rights Act 2015, you must give us the chance to make a repair or replacement. We retain the final choice whether to repair or replace the Product, and we will not repair or replace Product after 6 months unless you can prove the Product was faulty on the day you gained possession.

16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS OF SUPPLY

16.1 We amend these Terms and Conditions of Supply from time to time. Please look at the start of these Terms and Conditions of Supply to see when they were last updated and which terms were changed.

16.2 If we have to revise these Terms and Conditions of Supply as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and / or Services or just the Products and / or Services that you are yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid for those Products (subject to clause 12), the Services (subject to clause 12) and the delivery charges (subject to clause 12).

17. COMPLAINTS

17.1 If you experience a problem, you can make a complaint to us by contacting our Customer Support Aftercare Team by using the contact details at clause 1 within the cancellation period as more particularly set out at clause 12, unless the problem manifests itself after expiry of the cancellation period, in which case, a complaint should be made as soon as reasonably practicable.

17.2 We may conduct an investigation in to the matter which will require your full co-operation. A failure to act quickly and comply with the provisions of this clause 17 may result in a complaint not being upheld. You agree to provide any form of evidence reasonably requested by us in respect of any complaint or claim.

18. LIABILITY IF YOU ARE A BUSINESS CUSTOMER

This clause 18 only applies if you are a business customer

18.1 Unless otherwise agreed, we only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.

18.2 Nothing in these Terms and Conditions of Supply limits or excludes our liability for:

18.2.1 death or personal injury caused by our negligence;

18.2.2 fraud or fraudulent misrepresentation;

18.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

18.2.4 defective Products under the Consumer Protection Act 1987.

18.3 Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

18.3.1 any loss of profits, sales, business, or revenue;

18.3.2 loss or corruption of data, information or software;

18.3.3 loss of business opportunity;

18.3.4 loss of anticipated savings;

18.3.5 loss of goodwill; or

18.3.6 any indirect or consequential loss.

18.4 Subject to clause 18.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products and / or Services.

18.5 Except as expressly stated in these Terms and Conditions of Supply, we do not give any representation, warranties or undertakings in relation to the Products and / or Services.

18.6 Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions of Supply by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

19. LIABILITY IF YOU ARE A CONSUMER

This clause 19 only applies if you are a consumer

19.1 If we fail to comply with these Terms and Conditions of Supply, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions of Supply or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into a Contract.

19.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.3 We do not in any way exclude or limit our liability for:

19.3.1 death or personal injury caused by our negligence;

19.3.2 fraud or fraudulent misrepresentation;

19.3.3 breach of the terms implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 and sections 2, 3, 4 and 5 of the Supply of Goods and Services Act 1982 (title and quiet possession, description, satisfactory quality, fitness for purpose and samples); or

19.3.4 defective Products under the Consumer Protection Act 1987.

20. EVENTS OUTSIDE OUR CONTROL

20.1 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 any act or event beyond our reasonable control.

20.2 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, volcanic ash, epidemic or other natural disaster, or failure of carriers and couriers or telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of private or public telecommunications networks, any act of government including (but not limited to) decrees, legislation, regulations or restrictions, epidemic or pandemic.

20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

20.3.1 we will contact you as soon as reasonably possible to notify you; and

20.3.2 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 an Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. Where an Event Outside Our Control affects our delivery of Products or performance of Services to you, we will arrange a new delivery date or restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

20.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than [30] days.

21. COMMUNICATIONS BETWEEN US

21.1 When we refer, in these Terms and Conditions of Supply, to “in writing”, this will include e-mails.

21.2 You may contact us using the contact information in clause1.

22. OTHER IMPORTANT TERMS

22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions of Supply. [We will always notify you by posting on this webpage if this happens.]

22.2 You may only transfer your rights or your obligations under these Terms and Conditions of Supply to another person with our prior written consent. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty to the recipient of the gift without needed to ask our consent.

22.3 A Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, but we and you will not need their consent to cancel or make any changes to these Terms.

22.4 Each of the paragraphs of these Terms and Conditions of Supply operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

22.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions of Supply, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we do waive any default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

23. JURISDICTION

23.1 These Terms and Conditions of Supply are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. We both irrevocably agree that any such dispute will be subject to the exclusive jurisdiction of the courts of England and Wales.