This web site www.warmsmart.co.uk is owned by Warm Smart ECO Services. Your use of this web site is conditional upon your agreeing to these terms. If you do not agree to be bound by these terms of use, you may not use or access this web site.

INFORMATION ABOUT US

The business has a trading address at:

55 Finacairn RoadDrumahoe

Londonderry

BT47 3LD

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis only, and the business reserves the right to withdraw or amend the service provided on our site without notice. The business will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, the business may restrict access to some parts of our site, or our entire site to users.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or
  • similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

INTELLECTUAL PROPERTY

Nothing in these terms shall operate to grant to you any intellectual property rights and goodwill in any of the content of our web site, including without limitation any trade and service marks, trade or business names, domain names, design rights, copyright, moral rights, database rights (whether or not any of these are registered), know-how, confidential information and trade secrets used and employed.

You may print off one copy, and may download extracts, of any pages(s) from our site for your personal reference and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status as the authors (and that of any identified contributors) of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the material you have made.

CONTENT

The business aims to update this site regularly, and may change the content at any time without notice. If the need arises we may suspend access to our site, or close it indefinitely. Any material on this site may be out of date at any given time, and we are under no obligation to update such material.

RELIANCE ON INFORMATION POSTED

While great care has been taken in the preparation of the content of all pages on this web site, nothing on this web site purports to, or, should be construed as giving any advice, or, making any recommendation, it is for general information purposes only. The business accepts no liability for the accuracy, availability or completeness and/or use of the information contained on this web site.

CONFIDENTIALITY

You shall use your best endeavours to preserve the confidentiality of any information identified by the business prior to disclosure to you as confidential or proprietary information.

LIMITS OF LIABILITY

To the fullest extent permitted by the law, neither the business nor any of its employees or agents shall be liable for:

  • any direct, indirect, consequential, special or other damage howsoever resulting from your use of this web site, including, without limitation any liability for, loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill and/or wasted management or office time;
  • any inaccuracies or typographical errors in the content of this web site or interruptions howsoever caused in its use;
  • any detrimental reliance by you, or by anyone who may be informed by you either on the content of this web site or its suitability for your purposes;
  • any viruses, worms or other items of a destructive nature downloaded or otherwise received from this web site;
  • any modifications or corruptions arising from any unauthorised third party access to this web site;
  • the content of any web site which may be accessed through or linked through to from this web site over which the business does not exercise any control whether financial, editorial or of any other kind;
  • where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. The business has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

In no event shall the total liability of the business to you for all or any loss or damage incurred by you exceed the lesser amount paid by you to the business for access to and use of this web site or £2,000.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods, services or information formed through our site or as a result of visits made by you are governed by our terms of contract.

CONSUMER RIGHTS – if you are contracting as a consumer, you may cancel the Contract at any time within 7 working days from the day following conclusion of the Contract. To cancel the Contract, you must inform Warm Smart ECO Services in writing. Any cancellation by phone must be confirmed in writing within the permitted cancellation period. This provision does not affect your statutory rights.

REFUNDS POLICY – if you have cancelled the Contract between us within the permitted cancellation period, Warm Smart ECO Services will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the charges paid by you prior to cancellation. Warm Smart ECO Services will usually refund any money received from you using the same method originally used by you to pay the charges.

LINKING FROM OUR SITE OR UPLOADING MATERIAL TO OUR SITE

You may not create a link from our web site or upload material to our site without first obtaining our written permission, please contact us at info@warmsmart.co.uk

The following content standards apply to any and all material which you contribute to our site if permission is granted.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions);
  • comply with applicable law in the UK and in any country from which they are posted.
  • Contributions must not:
  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

The business will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach of this policy has occurred, the business may take such action as it deems appropriate and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as the business reasonably feel is necessary.

INDEMNIFICATION

You will indemnify the business as is reasonable in the circumstances if a third party makes a claim against the business based on any actual or alleged:
negligent or wilful acts or omissions committed by you or persons authorised by you; failure by you or persons authorised by you to comply with all or any legislation or government regulation governing this web site or its use; infringement by you or persons authorised by you of any intellectual property rights in any of the content of this web site.

VARIATIONS

The business may revise these terms of use at any time by amending this page. You are expected to check this page on each visit to the web site, as they are binding on you.

CONCERNS

If you have any concerns about material which appears on our site, please contact info@warmsmart.co.uk

Order Acceptance

The advertisement of any goods or service on this site does not constitute an offer to sell. Your receipt of an order confirmation (electronic, fax or other form) does not constitute our acceptance of your order, or confirm our offer to sell. The Seller reserves the right to accept or decline your order for any reason. The Seller makes every effort to have all products offered on our website in stock and at the price listed. The pricing and availability information presented on our site is the most current information we have, but unfortunately mistakes do occur, and this information does not constitute a guarantee of price or availability.

Back Orders

If your item is not in stock, we will back order it for you. You will always be emailed with the option to cancel your order if you would rather not wait.

Delivery

Delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery.

If goods are sold and delivered to the Customer in instalments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated. Further the Customer shall have no right of set-off against any monies due to the Company under this or any other contract.  If goods are damaged in transit, the customer notify the company within 48 hours days of receipt. Failure to do so will negate any potential for claim.

 

Cancellations and Variation

No cancellation, suspension or variation by the Customer of any order accepted by the Company shall be valid unless agreed by the Company in writing and such agreement may only be given on terms which compensate the Company for any loss, costs, damages, charges and expenses thereby incurred by the Company, such compensation to be decided by the Company in its absolute discretion. In particular, the Company reserves the right to charge a 15% handling charge for goods which are accepted back into stock for credit, although the Company’s claim in this regard may not be limited to this sum.

The Company reserves the right to make any changes in the specification of goods which are required to conform with any applicable safety or other statutory requirements or where the goods are supplied to the Customer’s specification which do not materially affect their quality or performance.

Images shown on the website are used as a guide only. The finished product may vary in design or specification. This will be advised wherever possible. 

Faulty Goods

If you believe that any item supplied by us becomes faulty within the manufacturer`s warranty period  please contact us as soon as you are aware on our office no (+44) 07725 648 743. We will deal with the matter as quickly and efficiently as possible, and in accordance with your legal rights and the Manufacturers normal warranty will apply. If we are not able to agree a resolution over the phone and providing the faulty item is still within the manufacturer`s warranty period then it must be returned to us at the purchasers own expense for testing before a replacement can be issued. If the item is found to be faulty then we will replace the item and also refund the cost incurred by the purchaser in returning the item to us. If after our testing we find that the item is not faulty then we will return the item at our own expense to the purchasers address with a report containing our findings.  Items will normally be replaced or returned within 3 days of delivery to our premises. However on some occasions if the item is not in stock it may take longer. We will keep the purchaser fully informed at all times.

Restriction on Liability

Should the Company be restricted, hindered, delayed in or prevented from carrying out its obligations under the contract by any circumstances whatsoever outside the Company’s reasonable control including, without prejudice to the generality of the foregoing and without limitation, any act of God, war, riot, strike, lock-out, trade dispute or other labour disturbance, fire, flood, difficulty in obtaining workmen, fuel, materials or transport, government restrictions or the exercise of government authority, whole or partial failure of equipment or the Company’s suppliers then the Company shall not be liable to the Customer for any loss or damage whether direct or indirect which may thereby be suffered by the Customer and furthermore the Company shall be at liberty to determine or suspend the contract without incurring any liability for any loss or damage resulting to the Customer. The apportionment of available goods between separate orders and separate Customers shall be entirely within the discretion of the Company.

The Company shall not in any event be liable for indirect or consequential loss or damage including without limitation loss of profits, of use, or of contracts arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising in contract, tort or otherwise and in all other cases liability shall be limited to the contract price, and the provisions of this sub-clause shall survive the termination of an order or contract however arising.

No liability for any other losses shall attach to the Company unless details of such losses are notified to the Company in writing within seven days of the date of delivery or the date of the event giving rise to such loss if delivery is not accomplished. In cases of alleged non-delivery the Customer must notify claims to the Company within 14 days of dispatch of the goods.