Terms and Conditions for Use, Service and Sale
DOMEX UK LLP
Unit 13 Zeal House
8 Deer Park Road
London SW19 3GY
Last updated 3rd December 2007
1. Our website
Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
3. Privacy
DOMEX UK LLP takes your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items. Unless otherwise stated all prices are inclusive of VAT @ 17.5%
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
7.6 Please observe the following procedure for all returns to us:
7.6.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
7.6.2 If you are returning your product because it is defective, please state the defect or defects.
7.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
7.7 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.8 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.9 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
7.10 We will not issue refunds for any items lost or stolen in transit to us.
7.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.12 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection is £30.00 and will be passed on to you.
7.13 Unused products may be returned promptly by customers to the address listed below:
Unit 13 Zeal House
8 Deer Park Road
London SW19 3GY
7.14 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
7.15 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
8. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
9. Faulty Products
Where a Customer experiences a fault with a product it can be returned to DOMEX UK LLP, subject to our returns policy above.
10. Events outside our control
DOMEX UK LLP shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11. Licence
11.1 DOMEX UK LLP grants you a licence to access the content, information and services contained within our website for personal use only.
11.2 This licence allows you to download and cache (using your browser) individual pages from our website.
11.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12. Copyright
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of DOMEX UK LLP, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. Reasonably Foreseeable Losses
13.1 DOMEX UK LLP will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
13.3 DOMEX UK LLP does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
14. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
15. Waiver
Failure by DOMEX UK LLP to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
16. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and DOMEX UK LLP . We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
17. Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
Our contact details are as follows:
DOMEX UK LLP
Head Office & Warehouse
Unit 13 Zeal House
8 Deer Park Road
London SW19 3GY
Email: info@domex-uk.co.uk
Telephone
From within the UK: 020 8540 7711
International: +44 20 8540 7711
Fax
From within the UK: 020 8543 3411
International: +44 20 8543 3411
Registered in England and Wales No: OC303994
VAT registration number: 843 7307 23
TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO THE REPAIR ORDER GIVEN OVERLEAF OR ATTACHED AND ANY SUBSEQUENT CONTRACT BETWEEN US FOR THE SUPPLY OF THE SERVICES. PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS WILL NOT AFFECT ANY STATUTORY RIGHTS WHICH YOU MAY BE ENTITLED TO FROM TIME TO TIME AND WHICH BY LAW CANNOT BE VARIED OR EXCLUDED.
1. Formation of a Contract
1.1 Acknowledgment and acceptance of this repair order by you is made by submitting our online order request form, at which time you will be bound by these terms and conditions. Each order accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as "an order". This order will be accepted entirely at our discretion.
1.2 These conditions shall override any contrary, different or additional terms and conditions contained or referred to in any proposal, estimates, prior order forms or other documents from us. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
1.3 Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this order.
1.4 These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.
2. Our Responsibility
2.1 We will ensure that all parts materials supplied comply with manufacturers’ specifications and with safe building practices and are free from defects and that any work carried out is carried out with reasonable care and skill and to a reasonable standard.
2.2 We will carry out a diagnostic to establish any fault with the appliance and we will rectify it within the agreed cost.
2.3 If after our inspection any parts (materials) and/or any extra work are required a verbal quotation will be provided to you either onsite or over the phone and we will only proceed once we have your verbal acceptance. If you request a written quote can be provided as well.
3. Your Responsibility
3.1 You will permit us to carry out an inspection and thereafter to undertake the repair according to our agreement.
3.2 You will remove the appliance to allow us to commence the diagnostic and/or repair or we will do so in which case we will not be liable for any damages that may be done whilst the appliance is removed.
4. Type(s) of Work Undertaken
We carry out diagnostics/repairs/servicing on all makes of washing machines, washer dryers, dishwashers, tumble & condenser dryers, electric hobs/ovens/cookers, refrigeration appliances and vacuum cleaners.
We do not service/repair commercial appliances.
5. Force Majeure
5.1 We shall not be liable for delay or failure to perform any of our obligations under your order if the delay or failure is caused by any circumstances beyond our reasonable control.
5.2 For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
5.3 Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
6. Guarantees
6.1 Unless otherwise advised we guarantee our work for 6 months. The guarantee only covers any parts/items fitted and/or repaired. We will not be responsible for any other fault that may occur due to normal “wear and tear” or to your misuse or accidental damage e.g. blockages, foreign bodies in the appliance, broken plastic handles, doors, glasses or scratches/dents on the appliance etc.
7. Exclusions
7.1 We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of £20,000, Twenty Thousand Pounds.
7.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
7.3 We or our insurers shall not be liable or investigate any claim for loss unless you have given written notice to us within 7 days of its occurrence and given us or our insurers every facility to investigate such occurrence.
8. Complaints
We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided by us please address them to: Domex UK LLP, Unit 9 Vale Industrial Park, 170 Rowan Road, London SW16 5BN
WEBSITE PRIVACY POLICY
1. DOMEX UK LLP complies with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the site.
2. We only hold the data necessary to offer services provided on our website.
3. Data is only used for the purposes described in our entry on the Data Protection Register.
4. We only hold personal data for as long as necessary. Once data is no longer needed it is deleted from our files.
5. For administrative reasons email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area).
6. We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service.
7. We never sell, rent or exchange mailing lists.
8. We may however share commercial and technical data with our partners where a customer has accessed and used our website via a site belonging to one of our partners. However, such information will also be subject to our partners’ privacy policies.
9. If you subscribe to our email service via a partner site, that partner may wish to send you details via email of other products and services, which may be of interest to you. However when you subscribe directly to our email service you will be asked whether or not you wish to receive such emails.
10. Please note that we only share data with partners that operate their own privacy policy.
11. In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
12. We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
13. All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
14. Our website uses "cookies" to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay.
If you have any questions relating to our Privacy Policy please email us at info@domex-uk.co.uk
