FUNKYHEAT INFRARED HEATING – TERMS OF SERVICE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (the “Products”) listed on our website www.funkyheat.co.uk (the “Site”) to you. Please read these terms and conditions carefully before ordering any Products from the Site.
These terms and conditions do not affect any of your statutory rights. However, it is important that you should understand that by ordering any of our Products from the Site you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.funkyheat.co.uk is a site owned by Funkyheat Ltd. a UK company. Funkyheat Ltd. is registered in England and Wales under company number 9540015 with its registered office at The Carlile Institute, Meltham, West Yorkshire. The main trading address for this website is situated at the registered office. The VAT number for Funkyheat Ltd. is GB 216 2637 23.
2. ACCESS TO THE SITE
3. YOUR STATUS
By placing an order through this Site you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN US
A legally binding contract will be formed between us when you have confirmed to us that you wish to proceed with the purchase of one or more Products, We have confirmed to you that we will sell the Product(s) to you and we have received payment of the price and any additional monies.
When your order has been completed you will receive confirmation of the Product(s) ordered, the price paid, and your allocated order number. If you wish to amend any part of your order once it has been accepted and payment has been made then you will need to contact us by one of the following methods:
Telephone: 01484 303284
Post: Funkyheat Ltd. The Carlile Institute, Huddersfield Road, Meltham, HD9 4AE
We may decline to sell any Product to you for any reason. We are not obliged to tell you the reason for our decision.
5. PRICING AND AVAILABILITY
We will wherever possible list information on the Site and on each Product information page, relating to the availability of Products We sell on the Site. Except for the information we provide on a Product information page or elsewhere on the Site we cannot be more specific about Product availability.
As we process your order you will receive a prompt from us if the Product you wish to order is no longer available. We may offer you the opportunity to purchase a Product of at least equivalent specification and value to the one you have attempted to order. This will not happen if the Product you are trying to order is temporarily out of stock.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our order processing procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount and send you the Product. However, we are under no obligation to sell the Product to you at the incorrect lower price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as being incorrect. If the correct price of the Product is higher than the price stated on the Site we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you a confirmation of order.
Prices are inclusive of VAT and, except as provided by condition 7 below, delivery.
We will not ask you for any payment until we have made sure that the order for the Product(s) you wish to purchase can be processed.
Funkyheat uses WorldPay to provide the highest level of security for payments processed through this store. WorldPay ensures your security by encrypting the connection when transmitting banking information on the network, and by safeguarding your financial data throughout the ordering and payment process.
Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the checkout process.
Orders from the Funkyheat online store may be paid using credit card or debit card.
If you have any questions or concerns about this method of payment please contact us as detailed in clause 4 above.
Payment and orders security
Your order details are normally sent to us across a secure connection that uses a 128 bit certificate. This means that the information is encrypted and cannot be read by anyone other than ourselves. You can see that the pages are secure because the address in the address bar changes from being http:// to https://. You will also see a padlock symbol or key in the bottom bar of your browser.
We can only deliver to addresses in mainland England, Scotland, Northern Ireland and Wales and to the Channel Islands, Isle of Man, the Scilly Isles, Anglesey and the Scottish Islands. We do not accept orders from individuals outside of these territories without first discussing the order with you. Delivery cost is included to mainland UK but we reserve the right to make an additional carriage charge for delivery to UK Islands.
A delivery date for the Product(s) will be advised to you when your order has been processed by us if your address falls within a UK mainland postal code. Any date for delivery outside of the UK mainland postal code area will be confirmed by us at a later date and at this point any additional charge will be discussed with you.
We will require a signature at the time of delivery of the Product(s). If the purchaser is not present a person over the age of 18 years of age with the authority of the purchaser must be available to accept the delivery. If we are unable to make the delivery of the Product(s) on the agreed date because there is nobody at home then we will leave a card confirming that we have attempted delivery. It will then be your responsibility to contact us to arrange a new delivery date.
Where it has not been possible to deliver the Product(s) due to no fault on our part We reserve the right to make a charge for any further attempt to deliver the Product(s). The maximum charge We will make for any delivery, regardless of the number of Products which are the subject matter of that delivery, is £25 (Twenty-five Pounds Sterling) and We will agree the amount of the charge and any payment with you prior to attempting any further delivery of the Product(s).
8. CANCELLATION AND RETURN UNDER WARRANTY
You can cancel your order at any time before or up to 7 (Seven) days after delivery of the Product(s). If you wish to cancel your order you must give us clear written instructions that you wish to cancel your order either by email or by writing to the address stated in clause 4 above.
If you cancel your order before the Product(s) have been shipped to you then We will refund to the card with which you made payment the amount of the price you have paid for the Product(s) together with any additional charges that you agreed to pay.
If you wish to cancel your order within 7 days of the Product(s) having been delivered to you because you have changed your mind it will be your responsibility to arrange the return of the Product(s) to us by you and you must ensure that carriage you arrange is insured to the value of the products you are returning. We will refund to the card with which you made payment the amount of the price you paid for the Product(s) less the costs of delivering the Product(s) to you (a maximum charge of £50 inclusive of VAT). In addition the Product(s) must be complete, unused and in the same condition as when delivered. If you have removed the Product(s) from any packaging you must have done so without damaging or marking the Product(s). Any accessories provided must be returned with the Product(s).
If you wish to return the Product(s) to us because of a defect or because of damage to the Product(s) you must arrange the collection of the Product(s) with us. We will examine the Product(s) and will either issue you with a replacement of equal specification and value or We will process a collection and refund of the price paid for the Product(s) and any additional charges you agreed to pay at the time of purchase.
We cannot cancel your order if you are unable to provide us with proof of purchase or if we believe that that you have made use of the Product(s).
We cannot cancel your order if you have ordered a bespoke or specific RAL colour heater.
All goods must be returned to our registered office at the expense and liability of the purchaser.
9. ELECTRONIC COMMUNICATION
Applicable laws require that some of the information or communications We send to you should be in writing. When you visit this Site or send emails to us you are communicating with us electronically. We may communicate with you by email or by posting notices on the website. For contractual purposes, you agree to this means of electronic 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.
10. OUR LIABILITY
We warrant to you that any Product(s) purchased from us through the Site is of satisfactory quality.
Our liability in connection with any Product(s) purchased through our Site is strictly limited to the purchase price of the Product(s). This does not include or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) Under section 2 (3) of the Consumer Protection Act 1987;
c) For fraud or fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.
All information and advice in relation to Product suitability is for general guidance only. We cannot guarantee that any Product is suitable for your requirements or that your electrical system has the capacity to safely power the Products that you purchase from us. In some cases, changes to your electrical system may be required. This is your responsibility and Funkyheat recommends that you seek the professional opinion of a qualified electrician before placing your order. All Products must be installed and operated strictly in accordance with the manufacturer’s guidelines which should take priority over all other information and advice. A failure to do so may compromise your safety and invalidate any manufacturer’s guarantee that comes with the Product.
All notices given by you to us must be given to us in writing by email or at the address detailed in clause 4 above. 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 4. Notice will be deemed received and properly served immediately when posted on the Site, 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.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns. 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.
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.
13. 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 events outside our reasonable control (“Force Majeure Event”).
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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, floor, earthquake, subsidence, epidemic or other
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
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.
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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Product(s) 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 Order 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 Product(s)).
18. LAW AND JURISDICTION
Contracts for the purchase of Product(s) through the Site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Please note all accounts beyond our credit terms will be passed to our debt collection agency. All accounts, without exception, will be subject to a surcharge of 15% plus vat to cover our costs in recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement.