Returns Policy

 

1. INFORMATION ABOUT US

We operate the website www.heatart.co.uk. We are Heat Art Energy of Lord Byron Square, Manchester, M50 2XH.

 

2. YOUR STATUS

 

By placing an order through our site, you warrant that:

 

(a) you are legally capable of entering into binding contracts; and

 

(b) you are at least 18 years old.

 

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received

your order. Please note that this does not mean that your order has been accepted. Your order

constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will

confirm such acceptance to you by sending you an e-mail that confirms that the Product has been

dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when

we send you the Dispatch Confirmation.

 

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the

Dispatch Confirmation. We will not be obliged to supply any other Products which may have been

part of your order until the dispatch of such Products has been confirmed in a separate Dispatch

Confirmation.

 

4. OUR STATUS

 

We may provide links on our site to the websites of other companies, whether affiliated with

us or not. We cannot give any undertaking that products you purchase from third party sellers

through our site, or from companies to whose website we have provided a link on our site, will be

of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER

does not affect your statutory rights against the third party seller. We will notify you when a third

party is involved in a transaction, and we may disclose your customer information related to that

transaction to the third party seller.

 

5. CONSUMER RIGHTS

 

5.1 If you are contracting as a consumer, you may only cancel a Contract in accordance with our returns policy

 

5.2 To cancel a Contract, you must inform us in writing immediately. You must also return the

Products to us immediately, in the same condition in which you received them, and at your own cost

and risk. You have a legal obligation to take reasonable care of the Products while they are in your

possession. If you fail to comply with this obligation, we may have a right of action against you for

compensation.

 

5.3 You will not have any right to cancel a Contract for the supply of any of the following Products:

 

Solar Photovoltaic Systems

Heat Pumps

Solar Thermal Systems

Biomass Boilers

Water Recycling Products

Hot Water Storage Cylinders

 

5.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are

provided in the returns policy. This provision does not affect your other statutory rights as a

consumer

 

6. AVAILABILITY AND DELIVERY

 

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery

date is specified, then within reasonable time of the date of the Dispatch Confirmation, unless there

are exceptional circumstances.

 

7. RISK AND TITLE

 

7.1 The Products will be at your risk from the time of delivery.

 

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in

respect of the Products, including delivery charges.

 

8. PRICE AND PAYMENT

 

8.1 The price of the Products and our delivery charges will be as quoted on our site from time to

time, except in cases of obvious error.

 

8.2 Product prices include VAT.

 

8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect

orders in respect of which we have already sent you a Dispatch Confirmation.

 

8.4 Our site contains a large number of Products and it is always possible that, despite our best

efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify

prices as part of our dispatch procedures so that, where a Product's correct price is less than our

stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s

correct price is higher than the price stated on our site, we will normally, at our discretion, either

contact you for instructions before dispatching the Product, or reject your order and notify you of

such rejection.

 

8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even

after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable

and could have reasonably been recognised by you as an error.

 

8.6 Payment for all Products must be by credit or debit card. A list of the cards we accept is on our

website . We will charge your credit or debit card upon you placing your order.

 

9. WARRANTY

 

We warrant to you that any Product purchased from us through our site will, on delivery, conform in

all material respects with its description, be of satisfactory quality, and be reasonably fit for all the

purposes for which products of that kind are commonly supplied.

 

10. OUR LIABILITY

 

10.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be

liable to you for the purchase price of the Products.

 

10.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with

these terms and conditions that fall into the following categories even if such losses result from our

deliberate breach:

 

(a) loss of income or revenue;

 

(b) loss of business;

 

(c) loss of profits;

 

(d) loss of anticipated savings;

 

(e) loss of data; or

 

(f) waste of management or office time.

 

However, this clause 10.2 will not prevent claims for loss of or damage to your tangible property

that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f)

inclusive of this clause 10.2.

 

10.3 Nothing in this agreement excludes or limits our liability for:

 

(a) death or personal injury caused by our negligence;

 

(b) fraud or fraudulent misrepresentation;

 

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

 

(d) defective products under the Consumer Protection Act 1987; or

 

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

11. IMPORT DUTY

 

11.1 If you order Products from our site for delivery outside the UK, they may be subject to import

duties and taxes which are levied when the delivery reaches the specified destination. You will be

responsible for payment of any such import duties and taxes. Please note that we have no control

over these charges and cannot predict their amount. Please contact your local customs office for

further information before placing your order.

 

11.2 Please also note that you must comply with all applicable laws and regulations of the country

for which the products are destined. We will not be liable for any breach by you of any such laws.

 

12. WRITTEN COMMUNICATIONS

 

Applicable laws require that some of the information or communications we send to you should be

in writing. When using our site, you accept that communication with us will be mainly electronic. We

will contact you by e-mail or provide you with information by posting notices on our website. For

contractual purposes, you agree to this electronic means of communication and you acknowledge

that all contracts, notices, information and other communications that we provide to you

electronically comply with any legal requirement that such communications be in writing. This

condition does not affect your statutory rights.

 

13. NOTICES

 

All notices given by you to us must be given to Heat Art Energy at Lord Byron Square, Manchester,

M50 2XH. We may give notice to you at either the e-mail or postal address you provide to us when

placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received

and properly served immediately when posted on our website, 24 hours 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.

 

14. TRANSFER OF RIGHTS AND OBLIGATIONS

 

14.1 The contract between you and us is binding on you and us and on our respective successors and

assignees.

 

14.2 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.

 

14.3 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.

 

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 events outside our reasonable control (Force

Majeure Event).

 

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond

our reasonable control and includes in particular (without limitation) the following:

 

(a) strikes, lock-outs or other industrial action;

 

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether

declared or not) or threat or preparation for war;

 

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

 

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public

or private transport;

 

(e) impossibility of the use of public or private telecommunications networks; and

 

(f) the acts, decrees, legislation, regulations or restrictions of any government.

 

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force

Majeure Event continues, and we will have an extension of time for performance for the duration of

that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or

to find a solution by which our obligations under the Contract may be performed despite the Force

Majeure Event.

 

16. WAIVER

 

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of

your obligations under the Contract or any of these terms and conditions, or if we fail to exercise

any of the rights or remedies to which we are entitled under the Contract, this will not constitute a

waiver of such rights or remedies and will not relieve you from compliance with such obligations.

 

16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

 

16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly

stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

 

17. SEVERABILITY

 

If any of these terms and Conditions or any provisions of a Contract are determined by any

competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or

provision will to that extent be severed from the remaining terms, conditions and provisions which

 

will continue to be valid to the fullest extent permitted by law.

 

18. ENTIRE AGREEMENT

 

18.1 These terms and conditions and any document expressly referred to in them constitute the

whole agreement between us and supersede all previous discussions, correspondence, negotiations,

previous arrangement, understanding or agreement between us relating to the subject matter of

any Contract.

 

18.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any

remedies in respect of, any representation or warranty (whether made innocently or negligently)

that is not set out in these terms and conditions or the documents referred to in them.

 

18.3 Each of us agrees that our only liability in respect of those representations and warranties

that are set out in this agreement (whether made innocently or negligently) will be for breach of

contract.

 

18.4 Nothing in this clause limits or excludes any liability for fraud.

 

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

 

19.1 We have the right to revise and amend these terms and conditions from time to.

 

19.2 You will be subject to the policies and terms and conditions in force at the time that you order

products from us, unless any change to those policies or these terms and conditions is required to

be made by law or governmental authority (in which case it will apply to orders previously placed

by you), or if we notify you of the change to those policies or these terms and conditions before

we send you the Dispatch Confirmation (in which case we have the right to assume that you have

accepted the change to the terms and conditions, unless you notify us to the contrary within seven

working days of receipt by you of the Products).

 

20. LAW AND JURISDICTION

 

Contracts for the purchase of Products through our site and any dispute or claim arising out of or

in connection with them or their subject matter or formation (including non-contractual disputes

or claims) will be governed by English law. Any dispute or claim arising out of or in connection with

such Contracts or their formation (including non-contractual disputes or claims) will be subject to

the non-exclusive jurisdiction of the courts of England and Wales.