Terms & Conditions
This page (together with the documents referred to on it) explains the terms and conditions on which we supply any of the products listed on our website http://www.waterheaters4u.co.uk to you. Please read these Terms and Conditions carefully prior to placing your order.
You should print a copy of the Terms and Conditions for future reference.
By placing an order through our site you are deemed to accept these terms and conditions. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. Information about us
Zip 4U Limited (Trading as: Water Heaters 4U); has it's registered address at 73 Aughnagar Road, Galbally, Dungannon, Co. Tyrone, Northern Ireland, BT70 2PN. Company number NI616187.
2. Areas Covered By Our Distribution Network
Our products are delivered FREE of charge to the UK mainland including Northern Ireland only *
* For carriage to the Scottish Highlands & Islands and other countries outside the UK, an extra carriage charge will be added. Please contact us prior to ordering!
3. Your status
By placing an order through our site, you warrant that:
* you are legally capable of entering into binding contracts
* you are at least 18 years old;
4. How the contract is formed between you (the customer) and us Zip4U the supplier (trading as Water Heaters 4U.
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 by sending you an e-mail confirming that the Product has been dispatched.
This is your "Dispatch Confirmation". The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
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. This may be due to stock shortages.
5. Consumer rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy as shown in the following clause.
To cancel a Contract, you must inform us in writing. You must also return the products to us as soon as reasonably practicable, and at your own cost. 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.
6. Availability and delivery
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk and title
The Products will be your responsibility from the time of delivery. 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
The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error. Product prices are subject to UK VAT. However, if the rate of VAT changes between the date of your order and the date of dispatch, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
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.
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 contact you for instructions before dispatching the Product.
If the pricing error is obvious and could have reasonably been recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
Payment for all Products must be by credit or debit card.
9. Our refunds policy
If you return a Product to us:
* Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, the product/s must be in an original packaging, in a resalable conditions with full instructions. Care should be taken to ensure the item is adequately packed, so no damage can be sustained in carriage. We will refund the price of the Product, and the delivery charge in full. However, you will be responsible for the cost of returning the item/s to us.
* for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail. This refund will be made to you as soon as possible. Normally within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, plus any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We the seller reserve the right to make a deduction from the amount of the refund less any manufacturers handling charge of the value of the returned goods.
We will usually refund any money received from you using the same method original used by you to pay for your purchase.
10. Warranty/Support
All products sold are carry full manufacturers' guarantee. Please refer to Zip's website for their warranty conditions:
http://www.zipheaters.co.uk/warranty
For all technical support/assistance, contact Zip:
08450 6005 0005
11. Our liability
Subject to the other provisions of these terms, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
Subject to clause 12.3, 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:
* loss of income/revenue, including waiting time;
* loss of business;
* loss of profits;
* loss of anticipated savings;
* loss of data; or
* waste of management or office time.
Nothing in this agreement excludes or limits our liability for:
* death or personal injury caused by our negligence;
* fraud or fraudulent misrepresentation;
* any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
* defective products under the Consumer Protection Act 1987; or
* any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
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 Zip4U via the contact form on our website, or to our registered office. 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 email was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
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.
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
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).
16. Waiver
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. A waiver by us of any default will not constitute a waiver of any subsequent default.
17. Severability
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
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.
19. Our right to vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
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 Northern Irish 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 Northern Ireland.
21. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
