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Terms & Conditions

WHITESIDE CHIMNEYS WEBSITE TERMS AND CONDITIONS OF SUPPLY

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website [wwwwhitesidechimeys.co.uk] (“Our Site”) to you.  

Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from Our Site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from Our Site.

1.         Information about Us
1.1        We operate the Our Website, being the website specified above.  
1.2        We are Whiteside Chimneys Limited, a company registered in England and Wales under company number 06420135.
1.3        Our registered office is situated at Park House 91 Garstang Road Preston Lancashire PR1 1LD.
1.4        Our main trading address is 75-77 Aqueduct Street Preston PR1 7RE.
1.5        Our VAT number is 757561107.

2.         Service Availability
2.1        Our Site is only intended for use by people resident in the United Kingdom and the Channel Islands (“Serviced Countries”).
2.2        We do not accept orders from individuals outside the Serviced Countries.

3.         Your Status
3.1        By placing an order through Our Site, you will be confirming to us that:
3.1.1     you are legally capable of entering into binding contracts;
3.1.2     you are at least 18 years old;
3.1.3     you are resident in one of the Serviced Countries; and
3.1.4     you are accessing Our Site from one of the Serviced Countries.

4.         How the Contract is Formed between You and Us
4.1        After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  
4.2        The acknowledgement email does not mean that your order has been accepted.  
4.3        Your order constitutes an offer to us to buy a Product.  
4.4        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”).  
4.5        The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
4.6        The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  
4.7        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.
4.8        No other terms and conditions will apply to supply of Products, unless we expressly tell you in writing or where a third party supplies Products via Our Site.

5.         Consumer cancellation
5.1        If you are contracting as a consumer, you have a statutory right to cancel for any reason and receive a full refund, except in the case of certain products listed in clause 5.5.
5.2        You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
5.3        Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed).
5.4        If the Products have been delivered to you, you may cancel at any time within seven working days, starting from the day after you receive the Products
5.5        To cancel a Contract, you must inform us in writing.
5.6        If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost.  
5.7        You have a legal obligation to take reasonable care of the Products while they are in your possession.
5.8        You will not have any right to cancel a Contract for the supply of any made-to-measure or personalised products, newspapers, periodicals or magazines, perishable goods, or software, DVDs or CDs which have had their security seal opened or unsealed.
5.9        Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  
5.10      This provision does not affect your other statutory rights as a consumer.
5.11      This clause 5 only applies if you are contracting as a consumer.

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
6.2        Any time or date for delivery is given in good faith but is an estimate only and cannot be guaranteed.
6.3        Delivery will be at your cost.

7.         Risk and Title
7.1        The Products will be your responsibility 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.
7.3        You must look after the Products and not part with them, sell them or have a charge put over them.
7.4        If you do not pay for the Products, we may enter your premises to retake possession of the Products.
7.5        If you sell or dispose of the products, you must still pay us the full price of the Products.
7.6        We may take legal action against you to recover the price of the Products even though ownership has not passed to you

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        If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.4        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
8.5        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
8.6        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
8.7        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 that we are rejecting it
8.8        If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price
8.9        Payment for all Products must be by credit or debit card.
8.10      We accept payment by credit and debit cards.
9.11      Payment must be made in full at the time of order and we will not dispatch any Products unless payment has been received in full.

9.         Our Refunds Policy and Replacement
9.1        If you are a consumer and 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):
9.1.1     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;
9.1.2     we will refund the price of the Product in full, and any applicable delivery charges; and
9.1.3     you will be responsible for the cost of returning the item to us.
9.2        If you return a Product for any other reason (for instance, where you have changed your mind, or because you consider that the Product is defective):
9.2.1     we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time;
9.2.2     we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund;
9.2.3     we will refund the price of a defective Product in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us;
9.2.4     we will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
9.3        Where we have not fitted the Products, we may agree, in our sole discretion, whether to replace Products which we consider to be faulty.
9.4        In the event that we replace Products under Clause 9.3, you are responsible for the costs of installation of replacement Products.
9.5        Where Products are returned which are allegedly faulty, the Products will be sent to the manufacturer for testing and diagnosis of any alleged faults.
9.6        If the manufacturer’s tests prove that the Products are faulty, we will replace the faulty Products, but you will have to pay any installation costs.
9.7        Where the Products are damaged by you, we will not replace them or give you a refund.

10.       Warranty
10.1      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.

11.       Our Liability to a Business
11.1      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 and, subject to clause 11.2, 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.
11.2      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:
11.2.1   loss of income or revenue;
11.2.2   loss of business;
11.2.3   loss of profits;
11.2.4   loss of anticipated savings;
11.2.5   loss of data; or
11.2.6   waste of management or office time.
11.3      We do not in any way exclude or limit our liability for:
11.3.1   death or personal injury caused by our negligence;
11.3.2   fraud or fraudulent misrepresentation;
11.3.3   any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
11.3.4   defective products under the Consumer Protection Act 1987; or
11.3.5   any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.4      Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
11.5      This clause 11 does not apply if you are contracting as a consumer.  Please see clause 12.

12.       Our Liability to a Consumer
12.1      If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
12.2      Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
12.3      We only supply the Product for domestic and private use.
12.4      You agree not to use the product for any commercial, business or resale purposes.
12.5      As the Product is not for commercial, business or resale purposes, businesses purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
12.6      We do not in any way exclude or limit our liability for:
12.6.1   death or personal injury caused by our negligence;
12.6.2   fraud or fraudulent misrepresentation;
12.6.3   any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
12.6.4   Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
12.6.5   defective products under the Consumer Protection Act 1987; and
12.6.6   any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.7      Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
12.8      If you are contracting as a business, this clause 12 does not apply.  Please see clause 11.

13.       Import Duty
13.1      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.  
13.2      You will be responsible for payment of any such import duties and taxes.  
13.3      Please note that we have no control over these charges and cannot predict their amount.  
13.4      Please contact your local customs office for further information before placing your order.
13.5      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.

14.       Written Communications
14.1      Applicable laws require that some of the information or communications we send to you should be in writing.  
14.2      When using our site, you accept that communication with us will be mainly electronic.  
14.3      We will contact you by e-mail or provide you with information by posting notices on our website.  
14.4      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.  
14.5      This condition does not affect your statutory rights.

15.       Notices and Communications
15.1      All notices given by you to us must be given to Whiteside Chimneys Limited at the address which appears at the head of these terms and conditions.
15.2      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.
15.3      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.
15.4      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

16.       Transfer of Rights and Obligations if you are a Business
16.1      The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2      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.
16.3      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.
16.4      This clause 16 does not apply if you are contracting as a consumer.  Please see clause 18.

17.       Transfer of Rights and Obligations if you are a Consumer
17.1      We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
17.2      You may only transfer your rights and obligations under this Contract if we agree to this in writing.
17.3      This clause 17 does not apply if you are a business. Please see clause 17.

18.       Events Outside our Control
18.1      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).
18.2      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:
18.2.1   strikes, lock-outs or other industrial action;
18.2.2   civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3   fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4   impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5   impossibility of the use of public or private telecommunications networks;
18.2.6   the acts, decrees, legislation, regulations or restrictions of any government; and
18.2.7   pandemic or epidemic.
18.3      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.  
18.4      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.
18.5      Either party can terminate the Contract if the Force Majeure Event continues for a period of more than 14 days and we shall not be liable to you for failing to perform the Contract.

19.       Waiver
19.1      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.
19.2      A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3      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 16 above.

20.       Severability
20.1      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

21.       Entire Agreement
21.1      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.
21.2      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.
21.3      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.
21.4      Nothing in this clause limits or excludes any liability for fraud.
21.5      If you are contracting as a consumer, this clause 21 does not apply. Please see clause 22.

22.       Our Contract with You
22.1      If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
22.2      While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
22.3      If you are contracting as a business, this clause 22 does not apply.  Please see clause 221.

23.       Our Right to vary these Terms and Conditions
23.1      We have the right to revise and amend these terms and conditions from time to time.
23.2      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.
23.3      We may notify you of a change to those policies or these terms and conditions before we send you the Dispatch Confirmation, in which case we will  assume you have accepted the change, unless you notify us to the contrary within seven working days of receiving the Products.

24.       Termination and Suspension
24.1      If you fail to comply with any of the provisions in this document, including this may be a breach of contract.
24.2      We will be entitled to terminate these terms and conditions and any or all Contracts with you if:
24.2.1   you are in breach of contract;
24.2.2   you become insolvent,
24.2.3   you become bankrupt;
24.2.4   you go into liquidation,
24.2.5   a receiver, administrator, judicial factor or similar officer is appointed over all or any part of your assets;
24.2.6   you make arrangements with creditors; or
24.2.7   in our sole opinion any of the matters mentioned in this clause 24.2 is likely to occur.
24.3      Following termination for any reason, we will be entitled to enter your premises to recover any Products if ownership has not passed to you, in accordance with clause 6.
24.4      Termination is without prejudice to any rights, obligations or liabilities of either part.
24.5      We shall be entitled to recover our losses or costs if we terminate these terms and conditions of any Contract.
24.6      We shall also be entitled, following termination, to cancel any other Contracts with you and dispose of any Products in respect of such Contracts.
24.7      We shall also be entitled to suspend all or any part of any Contracts with you, if you fail to make payment on a due date.
24.8      In the event of suspension, for any reason whatsoever, we will only resume the Contract when you have made payment in full.

25.       Third Party Rights
25.1      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.

26.       Law and Jurisdiction
26.1      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.
26.2      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 exclusive jurisdiction of the courts of England and Wales.