These Terms and Conditions ('the Terms') together with the privacy policy and terms of website use govern your relationship with Chartland LLP ("the Company", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these terms, please do not place an Order for Goods or Services with us.

These Terms apply only to consumers who are individuals not acting for the purposes of their business or profession. If you are a business customer, then please see our Terms and Conditions for Business Customers .

All Orders for Goods or Services accepted by us will be subject to the following Terms which will form part of and will govern the contract of sale. No variation of these Terms will be accepted unless agreed in writing by an authorised officer of the Company. We will not accept the inclusion of any alternative Terms by you which conflict with, alter or add to these Terms.

1. Definitions

'Contract' means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.

'Goods' means an individual product or good as described in our literature or website.

'Normal Working Hours' means 9am to 5pm on a Working Day.

'Order' means an order for Goods or Services made by you in accordance with these Terms.

'Order Confirmation' means our written acceptance of your Order.

'Services' means service and support provided by us to you.

'Website' means www.heatpumpsdirect.co.uk

'Working Day' means Monday to Friday, excluding Bank or other Public holidays.

2. Orders

2.1 When you place an Order for Goods or Services whether through our Website or over the telephone or fax or in writing, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion and we reserve the right to refuse your order for any reason.

2.2 We will send you an Order Acknowledgement on receipt of your Order. This is not an Order Confirmation or order acceptance by us.

2.3 We will accept your offer and create a contract with you by sending to you an Order Confirmation to confirm that the Goods have been dispatched once we have confirmed availability of the Goods or Services and verified your credit card or payment details as necessary.

2.4 The Contract will relate only to those Goods whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods have been confirmed in a separate Order Confirmation

2.5 The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Goods or Services that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy.

2.6 All specifications, descriptions, colours or images of Goods are given for the sole purpose of giving an approximate idea of the Goods sold through the Website and we shall not be liable for any variations in any specification, description or colour of the Goods which do not materially affect the specification, use and operation of the Goods

2.7 When you place an order, you are undertaking to us that:

(a) all details you provide to us for the purpose of purchasing Goods or Services are true, accurate, current and complete in all respects
(b) the credit or debit card you use to make a purchase from us is your own card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from us.

3. Prices and payment

3.1 Goods and Services, together with VAT, are invoiced at the price quoted on the Website at the time of your Order, except in cases of obvious error. The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.

3.2 We reserve the right to vary our prices from time to time but changes will not affect orders in respect of which we have already sent you an Order Confirmation

3.3 In the case of a manifest error in relation to price we are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Order Confirmation. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. You will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has. been discovered. A 'manifest error', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.

3.4 When you submit an Order, you will be notified of any additional costs including shipping and handling costs or insurance. Delivery is free where delivery is to take place within the United Kingdom mainland however a delivery charge may apply to delivery to some remote postal areas depending on the location and the nature of the Goods ordered. If such a delivery charge applies, we will notify you at the time of order. Please contact us for details of delivery charges to remote postal areas, overseas and to locations outside the United Kingdom mainland.

3.5 Payment for all Goods must be by credit card, debit card or cheque and will be taken at the time of order. We accept payment by most major credit/debit cards including Visa, Mastercard, Switch, Delta, Maestro and Solo. Where payment for Goods is made by credit or debit cards issued outside the United Kingdom, a handling charge may be levied and we will notify you at the time of order Payment. An order will not be dispatched until full payment has been received in respect of that order

4. Delivery, title and risk

4.1 Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances. Where we become aware that the date for delivery may be delayed, we will notify you as soon as possible and aim to provide you with a revised date. Delivery of Goods will usually be made directly from the manufacturer or supplier

4.2 If you order more than one individual product or good, the Goods may be delivered to you in separate instalments. Each instalment is a separate Contract and no cancellation of one Contract relating to an instalment entitles you to cancel any other Contract or instalment.

We strongly recommend that you do not book a plumber, electrician, builder or any other installer until all Goods have been delivered and checked. Goods must be installed by suitably qualified or registered installers

4.3 We shall not be liable for any loss you incur, whether financially or otherwise, resulting from our delay or failure to deliver within the stated time or on a stated day, where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times.

4.4 Delivery is deemed to take place when the Goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.

4.5 If you fail to take delivery of the Goods or we are unable to deliver the Goods on time because you have not provided adequate delivery instructions, the Goods shall be returned to the supplier or manufacturer and a further delivery date will be arranged. You agree to meet the costs of any subsequent re-delivery.

4.6 Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you must inform us in accordance with clause 4.9. Deliveries will "kerbside", ground floor of a delivery address only. You agree to provide (at your expense) adequate and appropriate manual labour for unloading the Goods. If the delivery address is not accessible by lorry you must inform us by telephone or email at the time of order

4.7 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.

4.8 You may request a copy of the Proof of Delivery, provided that this request is made within 7 days of the date of delivery and we shall use reasonable endeavours to provide such proof. If you do not make such a request, or notify us in accordance with clause 4.9 then we shall be entitled to assume that all the Goods in your Order have been delivered successfully.

4.9 You should notify us as soon as possible and in any event no later than 48 hours after delivery. In the event that any Goods Delivered to you do not correspond with the goods in the Order Confirmation, or have been Delivered to you by mistake, then you will be under a duty to take reasonable care of such Goods. We will then arrange for a courier to collect the Goods and replacements to be supplied on a credit and recharge basis.

4.10 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges

5. Returns and warranties

5.1 We warrant to you that on delivery any Goods purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. We shall not be liable for a breach of any of this warranty arising from defect caused by you (or a third party engaged by you) failing to follow the instructions as to the storage, installation, commissioning, use or maintenance of the Goods of (if there are none) good trade practice or if you have altered or repaired the Goods

5.3 If you need to return Goods to us, then they must be in the original manufacturer's undamaged packaging (which shall not be defaced) complete with accessories, manuals and documentation and in a fully resalable condition. Other than where Goods are damaged or defective on delivery, returned items not complying with these requirements will be rejected.

5.4 If you need to return Goods to us for whatever reason, then please send such items to: Chartland LLP, The Pavilion, Murivance, Shrewsbury, SY1 1JW

5.5 Your Right to Cancel

(a) You are entitled to cancel your Order for any reason until, but no later than the end of the 7th Working Day after the day of receipt of the Goods.
(b) You should cancel Goods purchased from us by sending a written notice of cancellation by post addressed to Chartland LLP, The Pavilion, Murivance, Shrewsbury SY1 1JW or by e-mail to enquiries@heatpumpsdirect.co.uk
(c) On cancellation of an Order, you must return the Goods to us in their original condition and undamaged. When you cancel an order, you will have to pay the carriage costs for returning the Goods to us in the same condition as you received them at your own risk. You must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged whilst in transit.
(d) When you cancel an Order, we will refund the price paid, less any direct cost of recovering the Goods (when applicable), within a period of 30 days from the date of cancellation.

5.6 Care of Goods to be Returned

Whilst in possession of the Goods you are under a statutory duty to take reasonable care of them. We reserve the right to claim against you for Goods returned which have been made unfit for resale or damaged whilst in your possession.

5.7 Returns of Defective Goods

(a) In the event that Goods are damaged (unless it has been damaged whilst in your possession) or defective (including a defect as a result of damage in transit) we shall, at your option, replace such Goods, or refund to you the amount you paid for such Goods provided you notify us by email or in writing immediately that you become aware of the defect, and provide the item's serial number to our staff within 7 days of delivery of the Goods. We may require you to return such Goods to the supplier or manufacturer at our cost for an examination to take place.

(b) We shall at our option repair or replace such defective Goods (or the defective part) and only if a repair or replacement is not possible or would be disproportionate to the price of such Goods we shall at our discretion refund the price of such defective Goods at the pro-rata contract rate provided that you return the defective Goods to us with all internal and external parts that were delivered with the Goods.

(c) If we have arranged for a courier collection of your product, this will normally occur between 9.00am and 5.30pm. We are unable to specify a precise collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.

(d) On receipt by us of the returned defective Goods, if following examination the defective Goods are found to be in good working order without defect, we shall not be obliged to accept the return of such Goods.and will return the Goods to you, and the carriage costs of this return will be your responsibility.

Please note that if you have, in the meantime, required us to provide you with replacement Goods before an examination has taken place by the supplier or manufacturer, you will be liable to pay for these Goods. If, when we examine the defective Goods, it is evident that the defect has arisen because you have failed to the manufacturer's instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods without our consent then we reserve the right to refuse or limit any repair, replacement or refund.

5.8 Warranty Claims

If Goods become faulty more than 30 days after delivery then you are advised to contact the manufacturer and use their warranty procedure. Unless otherwise stated in the manufacturer's documentation, all Goods will carry a manufacturer's warranty. If you wish to make a warranty claim, you should comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we are happy to refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. This does not affect your statutory rights.

5.9 Provision of Services

If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by our services engineers or their contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.

6. Our liability

6.1 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to our Goods or Services. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an Order. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:

(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

(b) any loss of goodwill or reputation; or

(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.

6.2 Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

7. Force majeure

7.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.

7.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.

8. General terms of business

8.1 Nothing in these Terms affects your statutory rights as a consumer

8.2 The contract between you and us is binding on you and us and on our respective successors and assigns.

8.3 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.

8.4 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.

8.5 If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

8.6 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision

8.7 All notices given by you to us must be given to Chartland LLP, The Pavilion, Murivance, Shrewsbury SY5 6HF. You agree that we may give notice to you at either the e-mail or postal address you provide to us when placing an order and acknowledge that any communications that we provide to you electronically comply with any legal requirement that such communications be in writing. Notice will be deemed received and properly served immediately when posted on our website, 24hours 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.

8.8 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 and you confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.

8.9 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology and systems, changes in payment methods, changes in relevant laws and regulatory requirements.

8.10 These Terms shall be governed by the relevant laws of the United Kingdom and construed in accordance with the relevant laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.