ELECTROMOD LTD CUSTOMER TERMS AND CONDITIONS
The following table provides a summary for your reference only. You should read all of these terms carefully before you submit your order to us as they contain important information.
Our Terms 1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1. Who we are. We are Electromod Ltd a company registered in England and Wales. Our company registration number is 11353275 and our registered office is at Whitley Stimpson Ltd 29 - 31 Castle St, HP13 6RU. We operate the website www.electromod.co.uk.
2.2. How to contact us. You can contact us by telephoning our customer service team at 01494 956558 or by writing to us at mark@electromod.co.uk or by post to is at Whitley Stimpson Ltd 29 - 31 Castle St, HP13 6RU. Our VAT number is 9870 45678.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order. 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. After you place an order, you will receive e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order takes place when we email you that the product has been dispatched (Dispatch Confirmation). The contract between you and us will only be formed when we send you this Dispatch Confirmation.
3.2. If we cannot accept your order or unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. Our products
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours / finish accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Our rights to make changes
5.1. Minor changes to the products. We may change our products: (a) to reflect changes in relevant laws and regulatory requirements; and improvements. These changes will not affect your use of the product. (b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
5.2. More significant changes to the products and these terms. We may make more significant changes to these terms or our products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. Providing the products
6.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2. When we will provide the products. We will contact you with an estimated delivery date if product not in stock, which will be within 30 days after the day on which we accept your order. Your options for delivery service are as displayed to you on our website.
6.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4. Collection by you. If you have asked to collect the products from our premises, you can collect them from us at Whitepit Lane, Flackwell Heath, HP10 9HT at any time convenient to us.
6.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note / email informing you of how to rearrange delivery.
6.6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery with the carrier, we may 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 9.2 will apply.
6.7. When you become responsible for the product. A product will be your responsibility from the time we deliver the product to the address you gave us or you (or a carrier organised by you) collect it from us.
6.8. When you own goods. You own a product which is goods once we have received payment in full and the product has despatched.
7. Your rights to end the contract
7.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;(d) you have a legal right to end the contract because of something we have done wrong.
7.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;(b) any products which become mixed inseparably with other items after their delivery.
7.5. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract).
8. How to end the contract with us (including if you have changed your mind)
8.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call 01494 956558 or email us at mark@electromod.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person, post them back to us at Whitepit Lane, Flackwell Heath, HP10 9HT, or (if they are not suitable for posting, eg large item) allow us to collect them from you. 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.
8.3. When we will pay the costs of return. We will pay the costs of return: (a) if the products are faulty or mis-described; (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be charged at the rate it is charged to us.
8.5. How we will refund you. We will refund you the price you paid for the products excluding delivery costs (unless product is faulty), by the method you used for payment. However, we may make deductions from the price, as described below.
8.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: (a) We may reduce your refund of the price (including delivery costs) 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. Example if the product damaged / dropped or altered basic common sense when operating someones else's product (we are not monsters but please use a duty of care and it will be fine). 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. (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, where we offer delivery of a product within by Royal Mail at one cost but you choose to have the product delivered by another of our courier options at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. (c) We may only offer postage refunds on the UK sales outside the UK and due to tax and duty charges we would only refund the price of the item and not the shipping to the sender.
8.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a) If the products are goods your refund will be made within 14 days from 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. For information about how to return a product to us, see clause 9.2. (b) In all other cases, your refund will be made within 14 days of you telling us you have changed your mind
9. Our rights to end the contract
9.1. We may end the contract if you break it. We may end the contract for a product 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, for example, specification for a custom order; or(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
10. If there is a problem with the product
10.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us at 01494 956558 or write to us at mark@electromod.co.uk or Whitepit Lane, Flackwell Heath, HP10 9HT.
10.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get a refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 7.310.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products in clause 10.2 you must either post them back to us or (if they are not suitable for posting, eg large items) allow us to collect them from you. Please call customer services on at 01494 956558 or email to us at mark@electromod.co.uk to arrange return.
11. Price and payment
11.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4. When you must pay and how you must pay. We accept payment with CREDIT / DEBIT CARDS, PAYPAL . You must pay for the products before we dispatch them.
11.5. Our responsibility for loss or damage suffered by you
11.6. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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.
11.7. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2; and for defective products under the Consumer Protection Act 1987
11.8. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
12.1. How we may use your personal information. We will only use your personal information to complete your order.
13. Other important terms
13.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If we do refuse to any transfer, we must do so reasonably.
13.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
