RANGEMOORS LTD
RETAIL TERMS OF BUSINESS
Trading as Rangemoors and Hearth & Cook
Introduction
These Terms of Business apply to Retail Purchases and Website Users.
If you are a Trade Customer please refer to our separate Trade Terms of Business.
What you can expect from us;
- We care for our customers because you are our business.
- Customer satisfaction is paramount, excellent service is our aim.
- We recommend a visit to our showroom for a positive, informative and enjoyable experience, where we can help you to choose the right products and/or services for the right reasons.
If you are ordering a Speciality Product, or if you are taking advantage of our Installation Service, you will receive additional Terms of business relating to those specific elements, but these Terms will also continue to apply.
By making a Retail Purchase, placing an order and/or accessing our Website(s) you agree to be bound by these Terms (including any Speciality Product and/or Installation Service terms of business) and any orders placed by you are strictly in accordance with these Terms.
Before you place an order, if you have any questions relating to these Terms, please contact us by email, or call us on 01837 680068 (Winkleigh) or 01392 797679 (Exeter).
Definitions
- Personal Information– means the details provided by you
- Product– means a product or service offered for sale by us
- Product Description– means details of individual Product(s) where provided
- Retail Purchase – means any purchase other than as a bona fide Trade Customer, to whom separate Trade Terms of Business apply
- Terms– means these Terms of Business
- Website– means the website(s) located at rangemoors.co.uk, hearthandcook.com, solidfuelappliancespares.co.uk, flueandchimney.co.uk and/or any other URL operated by us
- Website Users– means the users of the Website collectively
- We/us/our– means Rangemoors Ltd
- You– means a Retail Purchaser and/or Website User.
Personal Information
You warrant that:
- The Personal Information which you provide to us is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the Personal Information by contacting us.
Description of products
Each Product purchased is sold subject to its Product Description including, without limitation, estimated delivery dates and times, warranties, after-sales service and guarantees.
We take all reasonable care to ensure that all details, descriptions and prices of Products are correct. Although we aim to keep these as up to date as possible, if you wish to rely upon specific details please confirm them with us in advance.
We may provide brochures, information sheets, links to and/or details of third-party resources for you to use at your sole discretion. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for the privacy practices, advertising, content, products, goods or other materials or services of those third parties.
Design & Advisory Service
Where we provide a free design and advisory service, this is done at your risk and we accept no responsibility for any errors or omissions nor liability for your (or a third party’s) reliance on our advice.
You are responsible for ensuring that all materials supplied and installations (unless you use our own installation service) are carried out in accordance with manufacturer’s instructions, any codes of practice and relevant regulations, permissions, licenses or other consents.
Warranties
We always support the manufacturer’s warranty period where offered. As an official reseller appointed directly by the manufacturer this warranty and the length and terms of these warranties will frequently exceed warranties available from other outlets.
Manufacturer’s Warranties vary by product, whether they are new or ex-display, and sometimes by date and method of installation, and may be for parts only, non-transferrable and restricted in other ways such as accidental or cosmetic damage, failure to follow manufacturer’s instructions or installation guidelines, lack of cleaning or servicing, deliberate damage or neglect. If you wish to confirm manufacturer warranty details prior to purchase please contact us.
During the warranty period, if your product develops a fault that needs to be repaired, look for visible signs of the breakdown and consult the fault-finding guide in the manufacturer’s handbook, if any.
If that doesn’t resolve the issue, please contact us, when we’ll liaise with the manufacturer and/or installer on your behalf. We’ll always do our best to make sure you’re satisfied with the outcome.
Delivery
If delivery is required we will discuss convenient delivery arrangements with you and will ask you to provide relevant Personal Information to enable us to assess the delivery requirements.
Delivery of the Goods shall take place at the delivery address specified on the order or as subsequently agreed between us. If no address is specified, or In the event that we incur any failed delivery cost or expenses due to inadequate access or incorrect site information provided, delivery will be at our place of business.
You will take delivery of the Goods within two weeks of us giving you notice that the Goods are ready for delivery unless arrangements are made between us for longer storage.
Times for delivery are given as accurately as possible but cannot be guaranteed. You shall have no right to damages or right to cancel the order for failure to meet any delivery time stated.
We will endeavour to comply with your reasonable requests for postponement of delivery but shall be under no obligation to do so.
If you fail to accept delivery (for whatever reason) or if we have agreed to a postponement, or if we are unable to deliver the Goods on time because you have not provided appropriate equipment, personnel, instructions, documents, licences or authorisations we may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
You shall have no right or claim for shortage or defects or mis-delivery unless you have inspected the Goods immediately on delivery and send us a written notification within five working days of delivery specifying the shortage or defect and to the carrier within three days of delivery or such longer period as the carrier’s conditions permit, and we are given a prompt opportunity to inspect the Goods in their original condition. If you do not make a notification to us or to the Carrier, the Goods shall be deemed to have been delivered in the correct quantity and free of defects apparent on inspection.
Cancellation
Cancellation will only be accepted by us in writing and on condition that all costs and expenses incurred by us up to the time of cancellation, and all loss of profits and other loss or damage resulting to us because of the cancellation will be reimbursed to us by you forthwith.
We may suspend or cancel any order or part of an order if delivery is by instalments, by written notice if you fail to pay us any money when due (under the order or otherwise) or you fail to honour your obligations under these Terms.
Limitation of liability
We act as suppliers of the Goods and are not manufacturers, and our liability is limited as such. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance, Waiver & Survival
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Terms govern our relationship with you. Any changes must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we expect of each other. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
Law
The Terms shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Contact
For any queries regarding orders, purchases or our service, please contact us via email, phone or post. Our company details are:
Trading offices:
Rangemoors Ltd, The Airfield, Torrington Road, Winkleigh, Devon, EX19 8DW
Hearth & Cook, 14 Oaktree Place, Manaton Close, Matford, Exeter, Devon, EX2 8WA
Registered office:
Rangemoors Ltd, Senate Court, Southernhay Gardens, Exeter, EX1 1NT.
Company Registered in England No. 01347416.
Additional Terms of Business for Website Users:
Website Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
The technical steps required to create the contract between you and us are as follows:
- If you place an order for your products on the Website we will send you an order confirmation email detailing the products you have ordered.
- For items being delivered to you, when your product is shipped from our warehouse we will send you a despatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the delivery to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it.
- Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Your not meeting the eligibility to order criteria set out in the main Terms
The contract will be concluded in English.
If you require any information regarding orders you have placed with us, please contact us.
Website Cancellations and Returns
We want you to be happy with your purchase but if you’re not, please contact us.
The Consumer Contracts Regulations 2013 legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
- Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn’t affect your statutory rights if goods are faulty or not as described.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by email, phone call or write to us.
- If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Website Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied by us and/or through our Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.