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Terms and Conditions

PRODUCT CARE TERMS AND CONDITIONS OF SALE

 

We are Product Care Limited and we operate the website www.productcare.co.uk. We are a company registered in England and Wales under company number 7570982 and our VAT number is GB109461716. Our registered office is at Green Bank Business Park, Swan Lane, Hindley Green, Wigan, Lancashire, WN2 4AY.

These are the legal terms and conditions (Terms) under which we supply to you certain spare parts and consumables (Goods) and services (Services) in respect of third party white goods (the Services and Goods are together the Products). Additional terms in respect of specific Goods and Services are also set out on our website. Please read these Terms and any applicable additional terms carefully and make sure you understand them before you submit your order to us.

We offer the Products on our website for purchase by consumer customers only. You are a consumer if you are an individual and you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1              Applicability

1.1          Except as set out in clause 1.2 and clause 1.3 below, these Terms will apply to any contract between us for the supply of Products by us to you (Contract). For example, these Terms will apply to any installation services, recycling services, delivery services or to any spare parts or repair services you order from us which require you to pay a fee directly to us. If you purchase Services from us, these Terms will apply to the Services but will not apply to any goods for which those Services are provided (unless those goods were also purchased from us).

1.2          These Terms do not apply to any goods or services that we supply to you on behalf of a third party. For example, these Terms do not apply where you have purchased goods from a third party and we provide delivery services in respect those goods on behalf of that third party. Such goods and services are supplied under your contract with the relevant third party. However, your use of our website will still be subject to our Terms of Use and our Privacy and Cookies Policy.

1.3          These Terms do not apply to any goods or services that we supply to you free of charge in respect of goods you have purchased from third parties which are covered by a manufacturer’s guarantee. Such goods and services are provided under the terms of the applicable manufacturer’s guarantee. However, your use of our website will still be subject to our Terms of Use and our Privacy and Cookies Policy.

2              Use of our website

2.1          Your use of our website is governed by applicable law and our Terms of Use . Please take the time to read these before using our website, as they include important terms which apply to you. You are responsible for making all arrangements necessary for you to have access to our website.

3              How we use your personal information

3.1          We only use your personal information in accordance with our Privacy and Cookies Policy which is set out on our website. Please take time to read this policy, as it includes important terms which apply to you.

4              Communications between us

4.1          You can contact us by telephoning us at 0345 209 7461, by writing to us at Customer.Services@Productcareuk.com or at Green Bank Business Park, Swan Lane, Hindley Green, Wigan, Lancashire, WN2 4EZ or by completing the Contact Us form on our website.

4.2          If we have to contact you, we will do so by telephone or in writing via email or post, using the contact details you have provided to us, unless you have asked us to contact you by any other means.

4.3          When we refer in these Terms to “in writing”, this will include e-mail.

4.4          The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

5              Our Products

5.1          Details of our Products are set out on our website and may be provided to you over the telephone.

5.2          The images on our website and in our other advertising materials are for illustrative purposes only. Although we have made every effort to display and print the colours accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.

5.3          The packaging of Goods may vary from that shown on images on our website or in our other advertising materials.

5.4          You are responsible for ensuring that any measurements and other information you have given to us in respect of your order is correct and for ensuring that you have selected the correct Product that you require.

6              Our Contract with you

6.1          Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not delivery to addresses outside the UK.

6.2          All orders placed are subject to these Terms and the details we provide to you during the order process. Before submitting an order, you will be required to confirm your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.

6.3          Our acceptance of your order will take place when we notify you that it has been accepted, at which point a Contract will come into existence between you and us.

6.4          If we are unable to accept your order, we will inform you of this and will not process your order. This might be because we are unable to provide a Product (for example, if Goods you have ordered are out of stock), because we have identified an error in the price or description of a Product or because we are unable to meet a delivery deadline you have requested. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

6.5          These Terms, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order.

7              Changes to the Products

7.1          If you wish to make a change to a Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7.2          We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.

7.3          If we have to make any significant changes to any Product you have ordered (for example, for reasons outside our reasonable control), we will notify you and you may choose to continue with or cancel your Contract in respect of the affected Product(s).

8              Price

8.1          The prices of the Products will be the prices notified to you when you placed your order. We take all reasonable care to ensure that the prices of the Products advised to you are correct. However please see clause 8.4 for what happens if we discover an error in the price of any Product you order.

8.2          All prices are shown in pounds sterling. The price of a Product includes VAT (where applicable) at the relevant current rate chargeable 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 in full before the change in VAT takes effect.

8.3          Prices for our Products may change from time to time, but changes will not affect any order you have already placed and that we have accepted (except in the circumstances set out in this clause 8).

8.4          It is always possible that, despite our reasonable efforts, some of the Products we sell may be incorrectly priced. If we discover before providing a Product that:

(a)           the Product’s correct price at your order date is less than the price we stated when you placed your order, we will charge you the lower amount when we take payment or (if you have already paid) we will refund to you the difference between the amount paid by you and the correct price of the Product; and

(b)           the Product’s correct price at your order date is higher than the price we stated when you placed your order, 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 at the correct higher price or cancelling your order. We will not process your order until we have your instructions. If we accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

9              Payment

9.1          We accept payment by debit card or credit card. We accept the following cards: Visa and Mastercard credit and debit cards and AMEX credit cards. We also accept cheques in respect of telephone orders.

9.2          You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order, immediately after you place your order.  Where you have sent us a cheque in respect of a telephone order, we will take payment on receipt of the cheque. Goods will only be dispatched, and any Services supplied, after the cheque has cleared in full.

10            Delivery of Goods and performance of Services

10.1        We deliver Goods and supply Services to the UK only and reserve the right to cancel any order or Contracts for delivery or supply to any other locations. Please note we cannot deliver Goods to PO boxes. If you have ordered Services to be supplied outside of mainland UK (including the Scottish Highlands and Northern Ireland), please note that we may use a third party subcontractor to provide these Services to you.

10.2        The costs of delivery of Goods will be as notified to you during the order process. Please check and ensure that you select the correct method of delivery for your order.

10.3        If you have ordered Goods, we will notify you of the estimated delivery date during the order process. All Goods are delivered by Royal Mail or DPD and signature may be required to accept delivery. Please see our website for further details regarding delivery of your Goods.

10.4        If you have ordered Services, we will begin to provide the Services on the date notified to you during the order process.

10.5        If no one is available at your address to take delivery of Goods and they cannot be posted through your letterbox or a signature is required to accept delivery, we will leave you a note informing you of how to rearrange delivery.

10.6        If after a failed delivery to you, you do not re-arrange delivery or collect your Products from the delivery depot where they are being held, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 13 will apply.

10.7        If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or rearrange access to your property, we may end the Contract and clause 13 will apply.

10.8        Delivery of your order for Goods shall be complete when we deliver the Goods to the address you gave us and any Goods you have ordered will be your responsibility from that time.

10.9        You will own the Goods once we have received payment in full.

11            Your right to cancel the Contract

11.1        If you are a consumer and reside in the European Economic Area, you have a legal right to cancel your Contract for any reason within a cooling-off period. How long you have depends on what you have ordered and how it is delivered.

(a)           If you have bought Goods, you have until 14 days after the day you receive (or someone you nominate receives) the Goods. If your Goods are delivered in instalments, you have until 14 days after the date you receive (or someone you nominate receives) the last instalment.

(b)           If you have bought Services, you have until 14 days after the date we confirm that we accept your order. However, once we have completed the Services, you cannot change your mind, even if the period is still running.

Advice about this legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

11.2        The right to cancel your Contract provided for in clause 11.1 does not apply to Contracts where you have specifically requested a visit from us for the purpose of carrying out urgent repairs or maintenance.

11.3        To cancel a Contract under clause 11.1, you just need to let us know that you have decided to cancel within the timescale set out in clause 11.1. The easiest way to inform us of your decision to cancel your Contract is by:

(a)           e-mailing us at Customer.Services@Productcareuk.com;

(b)           writing to us at Green Bank Business Park, Swan Lane, Hindley Green, Wigan, Lancashire, WN2 4EZ; or 

(c)           calling us on 0345 209 7461.

Alternatively if you would like to cancel using a standard cancellation form, please let us know and we will provide a copy to you. If you are e-mailing or writing to us, please include details of your order to help us identify it.

11.4        If you have bought Goods and you cancel your Contract under clause 11.1 after the Goods have been dispatched to you or you have received the Goods, then you must return them to us at Green Bank Business Park, Swan Lane, Hindley Green, Wigan, Lancashire, WN2 4EZ.

11.5        Unless the Products are faulty or not as described (in this case see clause 12), you will be responsible for the cost of returning the Goods to us. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the Contract.

11.6        If you cancel your Contract under clause 11.1 we will:

(a)           refund you the price you paid for the Products. However, please note that we are permitted to reduce your refund in the following circumstances:  

(i)             where the Products are Goods, we may reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(ii)            where the Products are Services and you requested the Services to be provided during the cancellation period set out in 11.1(b), we may charge you (and deduct from your refund) an amount for the Services supplied up to the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison will the full coverage of the Contract.

(b)           where the Products are Goods, refund any charges you have paid for delivery of the Goods to you, although, as permitted by law, the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination; and

(c)           make any refunds due to you:

(i)             if you have received any of the Goods, within 14 days after the day on which we receive the Goods back from you or (if earlier) the day on which you provide us with evidence that you have sent the Goods back to us; or

(ii)            in all other cases in respect of Goods or Services, within 14 days after you inform us of your decision to cancel the Contract.

11.7        Any refund will be paid by the method you used for payment.

12            Faulty or mis-described Products

12.1        We are under a legal duty to supply Products that are in conformity with the Contract and these Terms.

12.2        If you consider that any Product we have supplied directly to you is faulty or mis-described, please notify us using the contact details set out in clause 4.1. If you wish to exercise your legal rights to reject Products, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the contact details set out in clause 4.1 to arrange returns.

12.3        Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

13            Our rights to end the Contract

13.1        We may end the Contract at any time by writing to you if:

(a)           you do not make any payment to us when it is due;

(b)           you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or

(c)           you do not, within a reasonable time, allow us to deliver the Products to you.

13.2        We may also end the Contract in the circumstances set out in clause 7.4(b).

13.3        If we end the Contract in any of the situations set out in clause 13.1, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the reasonable costs we will incur as a result of your breaking the Contract.

14            Our liability to you

14.1        If 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 either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2        If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.

14.3        We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4        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; or

(c)           any matter for which we may not exclude or limit our liability under the Consumer Rights Act 2015 or any other applicable law.

15            Events outside our control

15.1        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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2. 

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 (but not by our own staff), 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 (excluding our own private networks) or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3        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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.4        You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 15 please contact us using the details set out in clause 4.1.

16            Intellectual property rights

16.1        All intellectual property rights in our Products are owned by us or our licensors. Those works are protected by intellectual property laws around the world. All such rights are reserved.

17            Other important terms

17.1        Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

17.2        We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.  

17.3        You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.4        This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.5        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.

17.6        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.

17.7        Please note that these Terms are governed by the law of England and Wales. This means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by the law of England and Wales, except that if you are not resident in England and Wales the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.

17.8        In respect of any dispute or claim relating to a Contract, you and we both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. For example, if you live in Scotland you can bring legal proceedings in respect of your Contract in either the Scottish or the English courts, and if you live in Northern Ireland you can bring legal proceedings in respect of your Contract in either the Northern Irish or the English courts.

17.9        If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found at http://ec.europa.eu/dr.

These Terms were most recently updated on 26 September 2016.