TERMS AND CONDITIONS OF SUPPLY
This page tells you information about the legal terms and conditions (Terms) on which we sell any of the products (Products) and provide any of the services (Services) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products and the provision of Services (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and Services from our site. Please note that before placing an order you will be asked to agree to these Terms.
We amend these Terms from time to time. Every time you wish to order Products and Services, please check these 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.
OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
- INFORMATION ABOUT US
- We operate this website. We are Whirlpool UK Appliances Limited, a company registered in England and Wales under company number 106725 and have our registered office at Morley Way, Peterborough, PE2 9JB. Our main trading address is Morley Way, Peterborough, PE2 9JB. Our VAT number is GB 513936740.
- To contact us, please see our Contact us page.
- OUR PRODUCTS
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- All Products shown on our site are subject to availability. Wherever possible, we list availability information for Products on our site.
- We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
- As we process your order, you will receive a prompt if the Product you wish to order is no longer available and we may offer you the opportunity to purchase an alternative Product of at least equivalent specification to the one you have attempted to order. This does not apply to Products that are temporarily out of stock.
- USE OF OUR SITE
- HOW WE USE YOUR PERSONAL INFORMATION
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- You may only purchase Products and Services from our site if you are at least 18 years old.
- 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.
- A legally binding contract will be formed when you have placed an order to purchase a Product and Service and we have confirmed that we will sell the Product and Service to you and we have received payment of the price and any additional charges. When you have completed your order you will receive confirmation of the Product and Service ordered, the price paid, the estimated delivery date and you will be allocated an order reference number. If you wish to amend your order once it has been accepted and payment has been made then you should contact us using the details set out in the contact Whirlpool section. We may decline to sell Products and Services to you for any reason and we are not obliged to tell you the reason for our decision.
- If we are unable to supply you with a Product and/or Service, for example because that Product is not in stock or the Product and/or the Service is no longer available because of an error in the price on our site, we will inform you and we will not process your order. If you have already paid for the Products and Services, we will refund you the full amount as soon as possible.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
- If you are a consumer, you have a legal right to cancel a Contract at any time before or up to 7 days after delivery. This means that during the relevant period if you change your mind or for any reason you decide you not want to keep a Product, you can notify us of your decision to cancel the Contract.
- To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org.
- If your Product has not been delivered, we will refund the price and any additional charges that you may have paid for the Product and Services to the card with which you made payment.
- If your Product has been delivered, then it will be your responsibility to arrange for us to collect the Product(s). In the case that we will recover the Product(s) from you, we will charge you a fee of £50 inclusive of VAT to cover the costs that we will incur. Alternatively you may return the Product(s) to us and pay any costs incurred. You must return the Product to us at our premises at Morley Way, Peterborough, PE2 9JB on a date and time to be agreed by us and in a method of carriage agreed by us. You must bring with you your receipt and the card with which you made the purchase.
- Your purchase must be complete, unused and in the same condition as when you received it e.g. if you have removed the Product from the box to examine it you must have done so without damaging or marking it. The Product must be returned with any accessories.
- Any delivery date communicated to you is an estimate. If we are unable to meet the estimated delivery date, we will contact you as soon as possible with a revised estimated delivery date.
- Whilst we are able to advise of a delivery date, we regrettably cannot confirm a precise delivery time. If am / pm deliveries are offered then these will generally take place as follows:
am - between the hours of 07:30am and 13:00pm
pm - between the hours of 12:00pm and 18:00pm
Please note some Products and Services will be offered with an All Day Delivery only.
- Delivery will be completed when we deliver the Products to the address you gave us.
- We require a signature at the time of delivery. You or a person over the age of 18 authorised by you must be available to accept the delivery. If we are unable to make the delivery 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.
- The delivery team will unpack your new Product and position it in a suitable room of your choice. We ask you to check your new Product carefully for any visible damage, and also check your home for any damage that may be caused during the delivery, before you sign the delivery documentation. Any comment related to damage to the Product or to your home must be entered in the appropriate section of the delivery documentation.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- We deliver to addresses in mainland England, Scotland, Wales and Northern Ireland only.
- REMOVAL SERVICES
- We will remove your old appliance at the time of delivery of your new Product, if you requested this service in your order.
- CONNECTION SERVICES
- We will connect your Product at the time of delivery, if you requested this service in your order.
- Connection of Products will be carried out to existing services within one metre of the Product only (one and a half metre for Range Style Gas or Dual Fuel Cookers). Included in the connection will be a test of the Product.
- We will be unable to connect your new Product if:
a) the old appliance cannot be disconnected;
b) any electrical/gas/plumbing supplies fail the delivery team's testing or are considered unsuitable;
c) any water supply cannot be isolated or is unsuitable;
d) any drainage/waste facilities are unsuitable;
e) mechanical adjustments are required to the Product to overcome such things as water pressure problems;
f) alterations to pipe work are needed to satisfy the requirements of Products with waterproofing devices.
- We will only disconnect existing appliances prior to a connection if in our judgement the existing connection is sound and safe.
- Please note that the service provided by our delivery team is a connection, not an installation. An installation occurs where: a) no services or fittings are currently present; b) hard wiring is required; or c) any additional work such as plumbing is necessary.
- If you need an installation (which includes Built-In Products), please discuss your requirement with our Service Department on 08448 224 224 or online at www.hotpointservice.co.uk
- PRICE OF PRODUCTS
- The prices of the Products and Services will be as quoted on our site from time to time.
- The price of a Product and Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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 Services in full before the change in VAT takes effect.
- The price of a Product includes delivery charges.
- We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product and Service you ordered:
(a) where the Products and Services correct price is less than the price stated on our site, we will charge the lower amount in the case of dispatching the Products and providing the Services to you; and
(b) if the Products and Services correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product and Service 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.
- HOW TO PAY
- You can only pay for Products and Services using a debit card or credit card. Payment for the Products and Services and all applicable charges is in advance.
- You will be directed to an external and secure site for the processing of your online payment. This service is hosted by a third party who are fully accredited with the highest Level 1 PCI DSS by Visa and MasterCard. Their systems and security controls are based on current industry standards and have several layers of technology in place to ensure the confidentiality of your information. Your card details will never be seen, stored or accessed by us.
- MANUFACTURER GUARANTEE
- Your Product has the benefit of our manufacturer's guarantee ("Guarantee"), which covers the cost of breakdown repairs for twelve months from the date of purchase. Our Guarantee is in addition to your statutory rights in relation to Products that are faulty or not as described.
- Our Guarantee gives you the reassurance that if, within twelve months from the date of purchase, your Product is proven to be defective because of either workmanship or materials, we will, at our discretion, either repair or replace the Product at no cost to you.
- Our Guarantee is subject to the following conditions:
a) Documentary proof of original purchase date is provided.
b) Cosmetic damage must be reported within 14 days from the date of purchase.
c) The Product has been installed and operated correctly and in accordance with our operating and maintenance instructions.
d) The Product is used only on the electricity or gas supply printed on the rating plate.
e) The Product has not been altered, serviced, maintained, dismantled, or otherwise interfered with by any person not authorised by us.
f) Any repair work must be undertaken by us or our appointed agent.
g) Any parts removed during repair work or any Product that is replaced become our property.
h) The Product is used in the United Kingdom or Republic of Ireland.
- Our Guarantee does not cover:
a) Damage resulting from transportation, improper use, neglect or interference or as a result of improper installation.
b) Accidental damage, this includes but is not limited to, damage which occurs as a result of an external action.
c) Replacement of any consumable item or accessory. These include but are not limited to: plugs, cables, batteries, light bulbs, fluorescent tubes and starters, covers and filters.
d) Replacement of any removable parts made of glass or plastic.
- We manufacture Products for domestic use only. We understand that in some cases our Products are used in commercial and/or non domestic situations. We still provide a full 12 months Guarantee subject to the above conditions and that the Product has not been subject to overuse, which is to be determined by us taking into account actual usage versus usage that is expected of a domestically situated appliance.
- We also offer you a free 5 year parts guarantee. This additional guarantee is conditional on you registering your Product with us and the parts being fitted by one of our authorised engineers. There will be a charge for our engineer's time.
- OUR LIABILITY IF YOU ARE A CONSUMER
- If you are a consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
- If you are a business customer, we only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes. Subject to clause 14.2, we have no liability to you, whether in contract, tort, breach of statutory duty or otherwise, arising under or in connection with the Contract, for any: a) loss of profit, sales, business or revenues; b) loss of business opportunity; c) business interruption; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
- We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
COMMUNICATIONS BETWEEN US
- 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 is defined below in clause 15.2. >
- 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, 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 the provision of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
OTHER IMPORTANT TERMS
- If you are a consumer:
(a) To cancel a Contract as set out in clause 6, you must contact us in writing by sending an e-mail at email@example.com You may wish to keep a copy of your cancellation letter for your own records.
(b) If you wish to contact us in writing for any other reason, you can contact us by e-mail at firstname.lastname@example.org or by post at the following address: Whirlpool UK Appliances Limited, Morley Way, Peterborough, PE2 9JB. You can always contact us using our Customer Services telephone line ..........................................
- 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.
- 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.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our Guarantee at clause 12 to the recipient of the gift without needing to ask our consent
- This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our Guarantee at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
- Each of the paragraphs of these Terms 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.
- If we fail to insist that you perform any of your obligations under these Terms, 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 will not mean that you do not have to comply with those obligations. If we do waive a 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.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products and Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
- If you are a business customer, these Terms are governed by English law. This means that 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 agree to the exclusive jurisdiction of the courts of England and Wales.