1. Definitions
In these Terms and Conditions:
Sellermeans Keeptheheaton.com.Businessspecifically includes a trade or profession.Consumermeans any natural person who is acting for a purpose that is outside their business.Buyermeans the Business and Consumer collectively.Working daysmeans all days other than Saturdays, Sundays, and Bank Holidays. Where expressed in 24 hours, this shall equate to one working day.Goodsmeans goods supplied to the Buyer by the Seller at the Buyer’s request.
2. General
These conditions come into force upon our acceptance of your order.
All other terms, conditions, warranties, or representations—express or implied—whether made before, at, or after your order or instructions, and even if contained therein, are excluded to the fullest extent permitted by the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977.
3. Prices
All prices are subject to change without notice and Goods will be invoiced at the Seller’s price ruling on the date of order.
Prices stated do not include VAT unless otherwise indicated.
4. Carriage Charges
Where applicable, carriage charges will be itemised per order and subject to VAT at the ruling rate.
5. Order Acceptance and Formation
(a) Order Acknowledgement
When you place an order through our website, you will receive an email acknowledging receipt of your order. This email does not constitute acceptance of your order but confirms that it has been received for processing.
(b) Contract Formation
A contract between you and Keeptheheaton for the purchase of goods will only be formed when we send a dispatch confirmation email confirming that the goods have been shipped. Until that time, we reserve the right to decline or cancel any order for any reason.
(c) Right to Cancel or Refuse an Order
We reserve the right to cancel, refuse, or limit any order at our sole discretion, including after payment has been made but before dispatch, for reasons such as:
- Stock unavailability
- Pricing or product description errors
- Payment or security concerns
- Any other commercial or operational reason
If payment has been taken and we cancel the order before dispatch, we will issue a full refund to your original payment method without delay.
(d) Errors and Omissions
While we make every effort to ensure accuracy, we reserve the right to correct any errors relating to pricing, stock availability, or product information, and to cancel any order affected by such errors before dispatch.
(e) Right to Decline Future Orders
We reserve the right to decline or refuse future orders from any customer at our discretion, provided that such refusal is not discriminatory or unlawful under the Equality Act 2010.
6. Availability
All items are offered subject to remaining unsold and to availability at the time of order processing.
7. Parts Identification
(a) It is the Buyer’s responsibility to order the correct part. The Seller will deliver the part ordered and accepts no responsibility for inaccurate advice given by third parties (whether commercial or technical).
(b) Photographic images in our catalogue are for illustrative purposes only and should not be used for part identification. The appearance of products may vary due to manufacturer modifications.
8. Specification
Goods are supplied as per the manufacturer’s specifications and are subject to modification without notice.
9. Delivery
(a) Any times quoted for dispatch or delivery are estimates only and do not constitute binding delivery times.
(b) Delays or difficulties in delivery arising from circumstances beyond the Seller’s reasonable control shall not constitute a breach of contract and shall not entitle the Seller to withdraw from the contract. In such circumstances, the Seller shall not be liable for any delay and shall be entitled to a reasonable extension of time for delivery.
(c) Nothing in this clause shall affect any statutory rights available to Consumers under applicable UK consumer protection legislation.
10. Cancellation and Returns
(a) Consumers
Consumers have a 7-day cancellation period commencing from the day after receipt of the Goods, provided they are in a re-saleable condition. Goods must be returned within 21 days of notice. If collection by the Seller is required, the Seller reserves the right to charge recovery costs.
(b) Business Customers
Orders accepted from Business customers may not be cancelled unless agreed in writing by the Seller. Any cancellation is subject to a 20% re-stocking fee, except for Printed Circuit Boards (PCBs) which are non-returnable once opened. Goods must be received in re-saleable condition within 21 days of authorisation. Outward carriage is non-refundable, and recovery costs may be charged.
(c) Refunds
Where refunds are authorised, they may take up to 30 days from receipt of returned goods.
11. Notice of Claims
(a) Goods must be examined upon receipt. Claims for missing or incorrect items must be received by email or in writing within 3 days of delivery.
(b) For damaged goods, notice must also be received within 3 days of delivery. If a parcel shows clear external damage, it must be refused at the point of delivery. By signing for and accepting the parcel, you acknowledge responsibility for the condition of the goods and we may be unable to process a damage claim.
(c) Claims for loss or delay in transit must be notified within 14 days of order acknowledgement.
(d) Failure to comply with these conditions may void your claim.
12. Storage
If the Buyer fails to take delivery, the Seller may store the Goods at the Buyer’s risk and expense, including storage, insurance, and carriage costs.
13. Force Majeure
The Seller shall not be liable for failure or delay in performance due to events beyond its control, including Acts of God, war, riots, strikes, shortages, or any other circumstances outside reasonable control.
14. Payment Terms
Only online payments via credit/debit card authorised by Sagepay or PayPal are accepted.
15. Ownership and Title
Ownership of Goods remains with the Seller until full payment is received. Until payment, the Buyer holds the Goods as bailee and must keep them safe and identifiable.
Proceeds from any resale must be held in trust and not paid into an overdrawn account.
16. Insurance and Risk
Risk passes to the Buyer upon delivery. The Seller accepts no responsibility for loss or damage after delivery; Buyers are advised to insure accordingly.
17. Indemnity
The Buyer shall indemnify the Seller against all third-party claims arising from or in connection with the contract.
18. Patents and Intellectual Property
No indemnity is given regarding infringement of any patent, design, trademark, or other intellectual property rights affecting the Goods.
19. Warranties and Limitations of Liability
(a) Product information and recommendations are provided in good faith but without guarantee.
(b) The Seller warrants that Goods found defective due to faulty materials or workmanship within 12 months of dispatch will, at its discretion, be repaired or replaced free of charge.
(c) Claims require proof of purchase and return of Goods at the Buyer’s expense.
(d) Except as expressly stated, the Seller shall not be liable for consequential loss or damage.
(e) The Buyer must ensure Goods are correct and suitable for intended use.
20. Trade Account Orders
For trade account customers, no order shall be deemed accepted until confirmed in writing by Keeptheheaton.
We reserve the right to cancel any order prior to written acceptance or dispatch without liability, other than refunding any payment received.
21. Governing Law and Jurisdiction
These Terms are governed by English law.
Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.