Latest update of policy: 13th October 2015
The recent update has been made in accordance with the Consumer Rights Act 2015. You can view this information in more detail by clicking here.
This page provides information about who we are and the legal terms and conditions that may apply to your use of www.TheEcoStore.co.uk and any product or service that you order from us.
In addition to our legal terms and conditions, you may also find it helpful to visit the general About Us section of our website. Here you will find useful information on our delivery charges, delivery timescales, and returns policy, (as well as helpful information relevant to other questions you may have.
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.
Information about TheEcoStore: You can find out how to get in touch with us or view our registered company details below:
This section describes the legal terms and conditions that apply when you access, browse and use www.TheEcoStore.co.uk.
Note: the Website and these terms are subject to change from time-to-time and we are excused from liability from users accessing local ‘cached’ copies of the Website and these Terms, which become automatically superseded by new terms. Please contact our support team on 0208 819 9153 to ensure you are reading the latest copy of these terms.
i. Your use of this website
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. Please note you do not have permission to use the content of this Website for any commercial purposes.
ii. Use of website outside the UK
Unless specifically stated on product pages, the products and content displayed on this Website are solely for the purposes of promoting TheEcoStore’s and the affiliated partner products or services in the UK. TheEcoStore may at its discretion accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Note: the delivery charges displayed on the website are for mainland UK only – if you are ordering from IOM, Channel Islands, Shetlands, Northern Ireland and so on, please check for delivery costs.
Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are also responsible for compliance with local laws if and to the extent local laws are applicable.
iii. Ownership of Rights
All rights, including copyright and other intellectual property rights, displayed on this Website are owned by or under the remit of TheEcoStore and its approved partners.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
iv. Guidelines for Product Reviews, Social Networking Sites & Intellectual Property Rights
Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.
a. Ownership of Submissions
b. Social Networking Sites
c. Intellectual Property Rights
A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to TheEcoStore of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any TheEcoStore related third party website (e.g. TheGreenAge) or page, you must comply with the content standards set out below and these terms. Any third-party advertising on TheEcoStore pages of third party social networking sites are not the responsibility of, or endorsed by TheEcoStore (although the advertising on TheEcoStore is should be negligible). All rights, including copyright on TheEcoStore pages are owned by or licensed to TheEcoStore by approved 3rd parties. Any use of any TheEcoStore social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of TheEcoStore. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade-marks or intellectual property of others.
Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any TheEcoStore related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
e. Rules for Submissions
You must be 18 years of age or older and registered to post a submission. Suppliers or manufacturers are not eligible to post a submission without prior written and communicated approval from TheEcoStore.
Please be polite, avoid defamatory language and only write in English. If you require an immediate response from us or have a comment about our products and services, please contact us directly (on email / telephone displayed on the website) for a quicker response.
Submissions should not include:
TheEcoStore, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season or have been discontinued. Please let us know if you see any Submissions which do not comply with our rules and we will take appropriate action.
f. Content accuracy
To the extent permitted by applicable law, TheEcoStore disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date (although we can’t take responsibility for older blogs) and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of TheEcoStore or any of its group companies.
g. Damage to your browsing devise and computer equipment
TheEcoStore uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, THEECOSTORE shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
h. Links to other websites
We have placed links on this Website to other websites we think you may want to visit (for example: TheGreenAge, EWI Store, etc). We do not vet these websites and do not have any control over their contents. Except where required by applicable law, TheEcoStore cannot accept any liability in respect of the use of these websites.
i. Exclusions of liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
j. Password/account security
For customers that sign-up with TheEcoStore for customer accounts or to the newsletters, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. TheEcoStore shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
k. Other legal notices
There may be legal notices on other areas of this Website which relate to your use of the Website, conditions for product handling and accepting deliveries, all of which will, together with these Website Terms govern your use of this Website.
l. Third party rights
Only you and TheEcoStore shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
m. Entire Agreement
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
n. Law, jurisdiction and language
Any matter that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
o. Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
Note: the Website and these terms are subject to change from time-to-time and we are excused from liability from users accessing local ‘cached’ copies of the Website and these Terms, which become automatically superseded by new terms. Please contact our support team on 0208 819 9153 to ensure you are reading the latest copy of these terms.
These conditions of sale and general terms (“Conditions of Sale & General Terms “) apply to any order you place through www.TheEcoStore.co.uk (the “Website”). These Conditions of Sale & General Terms and apply regardless of how you access the Website, including via any technologies or devices (desktop, tablet or mobile) by which TheEcoStore makes the Website available to you at home, on the move or in store. Please note: these conditions also apply if you access the Website initially to then place the order over the phone.
You must read these Conditions of Sale & General Terms carefully. By placing an order through the Website or via secure method over the telephone, you confirm that you have read, understood and agree to these Conditions of Sale & General Terms in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product through this Website or call us to place the order over the telephone.
The process when placing an order on TheEcoStore:
a. Opening an Account and Placing an Order
To place an order, you can open an account with us which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout option, simply using your personal details and email address.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. TheEcoStore, shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us.
b. Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us. Prior to despatch of the product(s), TheEcoStore has the right to decline an order for any reason, including legal and regulatory reasons.
We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel (which is 30 days when the order in placed).
If you require to make an amendment to your order you can make this by simply contacting us on 0208 819 9153.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, TheEcoStore has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that TheEcoStore shall incur no liability in such circumstances.
c. Payment of Products
All card payments are subject to authorisation by your card issuer. We take payment immediately for all products where in most circumstances, we take payment at the earliest order deadline for the products you have ordered. Unfortunately, we do not offer credit terms.
All products ordered will remain the property of TheEcoStore until we have delivered the products to the address specified by you or they have been collected in store. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at additional expense to yourself. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
d. Delivery and Collection
Delivery (including delivery charges and timescales)
Delivery charges and timescales vary depending on the type of products ordered and the delivery address. If you are placing orders and live in mainland UK (excluding Channel Islands, Northern Ireland, IOM, and Isle of Wight), then we offer free delivery for items above £50. If your order is £49.99, you will still be charged for delivery as presented on the product page.
Please note, TheEcoStore is a retailer for a number of manufacturers and uses a number of locations to dispatch the products to you. We only dispatch a limited number of items from our main office in Brentford, West London.
Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. In particular:
Furniture can only be delivered within the UK mainland and a signature will be required on receipt. We are unable to deliver furniture to other parts of the UK, but please always check if you are interested and you live outside the mainland. If you are unable to accept the delivery offered, then it will be your responsibility to arrange a re-delivery with the couriers.
Please also note where we offer a 24hour turnaround for some products, some deliveries to the Isle of Man, Northern Ireland and some Scottish addresses will take 48 hours. For these regions, orders placed on Sunday for example will be delivered on Tuesday (48hours).
Delivery will be to the UK or international address. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.
Free delivery applies within the mainland UK for most products for orders over £50 online in a single order delivered to a single address.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. Upon receipt of the order, you are advised to check the items for damage that may have occurred during transit. You then must report the damage to us within 24 hours in the form of an email, or similar, in order to replace the item.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control (the couriers).
In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
e. Collection from the Office
We usually don’t offer the collection from the office facility unless this is specifically agreed in writing with the customer.
f. International Delivery
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. TheEcoStore reserves the right to define what can and cannot be delivered to which destination. If you are in doubt, please give us a ring on +44 (0)208 819 9153
Payment – Purchases will be made in Pounds Sterling (GBP). International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
TheEcoStore products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.
For EU deliveries we may offer a ‘zero VAT’ facility, but only if proven the customer is registered for VAT, under the VIES scheme. To check whether you qualify, then click here.
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
h. Changes to your order
Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).
i. Your right to cancel
If you are contracting with us as a consumer online or by phone, a customer has the right to cancel an order (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state (“CRD”)), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods or services you ordered. We define receiving the goods as the day the goods are received and physically collected (if agreed prior) from our office. TheEcoStore also complies with the current Consumer Rights Act 2015.
The good news is, TheEcoStore operates a 30 day ‘goodwill’ returns policy, so if you come back to us anytime in this period unhappy with your purchase, then we may be able to process a full refund less the cost from yourself to physically return the goods back to an agreed address. The returned goods must not be damaged in anyway whatsoever and contain all the original packaging – therefore they have to be in a re-saleable condition.
Any paid delivery charge will NOT be included in your refund once we have received all (not part) of your order to a specified address. TheEcoStore will process your refund with 14 days of receipt of the products, to the specified address. You must take reasonable care of the goods while in your possession and they must be returned to us before we can issue your refund.
j. Specified Returns Address
Please check with customer services (email: firstname.lastname@example.org) to confirm the return address. This will vary product to product.
For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK). If you are a non-EU customer, please speak to our customer service by emailing email@example.com.
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
Applicability of cancellation rights: Legal rights of cancellation under the CRD available for UK or EU consumers do not apply to certain products and services (for example, made to measure orders and personalised items), any products with a seal where the seal is broken.
Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within 24 hours. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. Speak to customer service on firstname.lastname@example.org to confirm a delivery address to send the products back.
Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery or a courier service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within 30 calendar days the day after you receive the goods / services OR when they are collected, in accordance with the CRD or otherwise as soon as possible. We cannot take product returns after this period.
You must take reasonable care of the products that you wish to cancel. Products should be returned in or with their original packaging or in the case of furniture, collection arrangements made, promptly at your cost which will be notified to you at the time of cancellation.
This is not intended to be a full statement of all your rights under the CRD. Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account or PayPal provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
k. Our Goodwill Refund Policy
Our “goodwill” refund policy does not affect your legal rights under the CRD or other legislation.
Our “goodwill” refund or exchange policy (where there is no legal right to a refund or exchange under the CRD or otherwise) is offered on goods that are returned in a resalable condition with a receipt or parcel summary document within 30 days of purchase. Please note, after 30 days we are under no corporate obligation to refund unwanted goods, unless there is documentary evidence stating otherwise from an authorised member of staff in TheEcoStore team.
The following items are excluded from our “goodwill” returns policy:
Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.
If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
a.Reporting Faulty items
You have the right to report an item as faulty within the first 6 years of purchase, but your rights and obligations as a consumer according to the Consumer Rights Act will vary. In the first 6 months of purchase, it is on the onus on the retailer to prove the products were not-faulty on receipt or delivery. You may want to ask for a repair or replacement of the products. If a repair or replacement is not possible then you are entitled to a full refund.
If the retailer has been notified of a fault after the first 6 months of purchase, then the onus is on the consumer to prove that the products were faulty at the time of delivery. We reserve the right to ask the consumer for some form of expert report, opinion or evidence of similar problems across the product range sold or why the product certification of the manufactured products is incorrect.
Note: for all electrical goods like Herschel heaters, Apollo Gem, Dimplex heaters, thermostatic controls, etc, we will do our best to work with the relevant manufacturer to have the faulty product/s collected and tested. Depending on the test results and the period of when the fault was discovered we will write to the customer with the appropriate next steps. As the nature of the testing is beyond our technical expertise, we reserve the right to 60 days for the full resolution of these issues/ complaints, so that manufacturer’s testing and conclusions can be fully considered.
The Buyer’s remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law to any other claim in respect of the Goods or any workmanship in relation to them (whether or not involving negligence on the part of the Company) shall, in all cases, be limited to the repair or replacement of the Goods or as aforesaid. The Company shall have no liability for any costs of installation, removal or inspection costs incurred by the Buyer or any third party in respect of any warranty claim. This, however, does not limit the Buyer from making a claim for loss, damage or personal injury as a result of faulty goods supplied by the Manufacturer/Producer, as per consumer rights in the Consumer Protection Act of 1987.
l. Returns to Return Address
Certain products, such as secondary glazing (ecoease), glass infrared panels, tinted render, tinted paints cannot be returned, exchanged or refunded as they are fully customised. We are also unable to accept opened paint. Unwanted products must be returned in or with their original packaging using recorded or courier mail / delivery services.
For certain products we reserve the right to substitute alternative products of equal or greater quality and value at no extra cost to you if we experience supply difficulties.
However, where this is the case, you will always have the right to accept or refuse any products that we substitute. If you choose to refuse any alternative product that we have substituted, we will offer a refund or replacement.
n. Free delivery on orders over £50
Free delivery applies for most goods dispatched to mainland UK addresses when you spend £50 or more online in a single order delivered to a single address. Offer excludes any order below £50 or others made out to addresses outside mainland UK. The basket value is calculated inclusive of any other promotions.
o. Product descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
p. Age restricted products
The purchase of certain products made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.
By placing an order for any of the following products or services you confirm that you (and, if different, the recipient of the product and/or service) satisfy the age requirements necessary to buy that product.
q. Legal Compliance
You agree that you will not use, sell or supply any product(s) purchased from TheEcoStore in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
r. Product Guarantees
Please refer to the individual product page/s to see information on product guarantees.
s. Discount codes
From time to time we may offer discount codes for use online to purchase goods. The discount codes are designed to give a discount either to a product or a basket of goods.
Please not discount codes cannot be used for cash or used to pay for TheEcoStore for outstanding balances. Discount codes may only be valid for a limited time when offered.
Purchases made by discount codes exclusively cannot be returned or refunded, except in accordance with your legal rights, for example in the event they are not of satisfactory quality.
t. Other TheEcoStore Services
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
If the Company is asked for advice as to the suitability of any product such advice will be given to the best of the Company’s or its officers’ ability and in good faith but such advice is only given on the express condition that the Company is exempt from liability for failure in performance resulting directly or indirectly from such advice.
If within the warranty period relating to the Goods, a material defect in the Goods shall be discovered and the Buyer notifies the Company within 14 days after discovery of such defect giving particulars in accordance with the Company’s warranty claim form, at its own expense and risk the Buyer must return the Goods to the Company or (at the Company’s sole option) permits the Company to inspect the same, the Company warrants that it will (at the Company’s choice) either repair or replace any Goods which are accepted by the Company as being defective or not in accordance with the Contract or any express description or representation given or made by or on behalf of the Company in respect of the Goods. Any Goods returned must be appropriately packaged and labelled. The Company will not honour any warranty claim where the Goods have or appear to have been damaged in transit. If, after testing the Company does not consider the Goods to be faulty the Goods will be returned to the Buyer and the Buyer’s expense.
The Buyer’s remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law to any other claim in respect of the Goods or any workmanship in relation to them (whether or not involving negligence on the part of the Company) shall, in all cases, be limited to the repair or replacement of the Goods or as aforesaid. The Company shall have no liability for any costs of installation, removal or inspection costs incurred by the Buyer or any third party in respect of any warranty claim.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price and the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
The Company’s liability applies only to defects appearing before the Buyer makes any modification or alteration to the goods and whilst the Goods are being properly used or stored and in particular (but without limitation) the Company shall not be liable in the case of defects arising from normal deterioration or improper use, damage, supply voltage in excess of the stated input voltage or faulty handling by the Buyer.
A claim in respect of any Order or any part of it shall not entitle the Buyer to cancel or refuse delivery of or payment for any other Order, delivery or instalment or any part of the same Order, delivery or instalment.
In the event that any customer of the Buyer shall submit a claim (other than the return of defective or faulty Goods as referred to above) relating to Goods supplied by the Company the Buyer shall forthwith notify the Company of such claim and shall not settle such claim without prior reference of the matter and agreement of such settlement by the Company.
v. Complaints Procedure
You have the right to raise a complaint, if the level of service of service or the product received do not meet your level of satisfaction. Please address your complaints to the following: email@example.com or send us mail to: TheEcoStore, Eco House, 1 Lion Way, Brentford, Middlesex TW8 8AR, and we will acknowledge and respond to the complaint within 7 working days.
If the nature of the complaint is of a technical nature, or involves the manufacturer’s input, as the nature of the complaint is beyond the knowledge of our retailing team (i.e. products require manufacturer’s testing due to a reported fault), then please be aware that we reserve the right to a reasonable time frame of 60 days for full resolution and closure of the complaint, from the time it was initially raised.
w. Assignment, waiver and third party rights
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
TheEcoStore is a member of the ICO and our registration is filed on the Data Protection Register.
Registration Number: ZA275139