The following terms and conditions on this webpage together with the terms confirmed and accepted by us when we notify you that your order has been accepted set out the contractual basis on which D&D supply the products that we sell from our website www.ddplumbingandheathing.co.uk to you. We would advise that you take time to understand the following terms and conditions before you register for our website or order any of the products from our website. You should understand that you agree that you will be bound by these terms and conditions when ordering any products from us on our website. You should print a copy of these terms and conditions for future reference.
(1) In particular, your attention is drawn to clause 13 below, in which we set out the limitations on our liability to you.
(2) Please tick the box marked “I Accept 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 website.
1. INFORMATION ABOUT US
1.1 We operate the website D&D.com. We are D&D Plumbing and Heating ltd. (trading as www.ddplumbingandheathing.co.uk), a company registered in England and Wales under Company Number 07237676 and with our registered office at 12 The Broadway, Acton, W3 8HR. Our VAT number is GB 991879643.
2. CONDITIONS OF SUPPLY
2.1 In all cases, the supply of Products to you by us from our website shall be subject to and conditional upon acceptance of the following terms and conditions which shall apply notwithstanding any purported waiver, expressed or implied, by or on behalf of us and shall prevail over any terms or conditions which you may purport to apply whether in correspondence, by email or other communication. These terms and conditions and the terms confirmed by us when we notify you that your order has been accepted set out the entire agreement between us (the “Contract”).
2.2 We only accept orders from addresses within the UK (but excluding Northern Ireland) (“Territory”).
2.3 By placing an order through our website, the Contract is conditional upon (and you warrant and represent) that:
2.3.1 you are legally capable and authorised to enter into binding contracts;
2.3.2 you are at least 18 years old;
2.3.3 you are resident in, and you are placing your order from, within the Territory; and
2.3.4 you require any Products ordered by you to be delivered within the Territory.
2.4 Certain rights contained in these terms and conditions apply only where you are consumer, acting outside your trade, business or profession. Where there is any doubt or ambiguity as to whether you are a consumer we reserve the right, in good faith, to decide whether you are a private consumer or purchasing Products in the course of any business or trade.
2.5 If you breach any of the terms in Clause 2.3, we reserve the right at any point to refuse your order at our sole discretion and cancel the Contract immediately.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After you place an order on our website you will receive an online acknowledgment of your order acknowledging that we have received your order and confirming whether or not your order has been accepted (“Online Confirmation”). Please note that your order constitutes an offer to us to buy a Product and all orders are subject to acceptance by us. The Contract will only be formed when we send the Online Confirmation to you, which is subject to our rights under clauses 4.1 to 4.3 (in the event that the Product is unavailable) and clauses 7.3 and 7.4 (in the case of pricing errors).
3.2 By submitting an order and indicating your acceptance of these terms and conditions as part of the order process you agree that any additional terms you purport to add in the ordering process including any comments, separate emails or other correspondence shall be ignored and shall not form part of the Contract and these terms and conditions shall prevail over any terms or conditions which you may purport to apply, whether as part of the order process or otherwise.
3.3 The Contract will relate only to those Products we have referred to and confirmed in the Online Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed that your order in relation to such Products has been accepted in a separate Online Confirmation.
3.4 Subject to Clause 4, we will contact you by telephone within 2 working days of you placing your order in accordance with clause 8 below to arrange a suitable delivery date or to confirm when the Products are available for collection from your selected branch (as the case may be) (“Delivery/Collection Notification”), which we will then confirm by way of email confirmation. If you fail to collect the Products within 7 days from the date of the Delivery/Collection Notification, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond your control we will store the Products until you collect the Products and may charge you a reasonable sum to cover expenses and insurance.
3.5 If you have not collected the Products within 21 days of the date of the Delivery/Collection Notification, we may, after giving you reasonable prior notice by email, resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, pay you the balance or charge you for any shortfall.
4. AVAILABILITY OF PRODUCT
4.1 In the event that the Product is out of stock or cannot be obtained within a reasonable time, we will endeavour to obtain the Product from our suppliers using the fastest supply methods reasonably available. We will inform you by email or telephone of such an instance within 2 working days of your order and will regularly update you as to the progress of such order. In such an event you have the right to cancel your Contract or amend your order.
4.2 In the event that we are unable to obtain any out of stock Product from our suppliers in accordance with Clause 4.1 we may in our sole discretion offer to you an alternative Product of different specification to that detailed on our website (“Alternative Product”). In such cases we will endeavour to ensure that the Alternative Product is of at least the same quality as the original product detailed on our website and at the same price as the original Product. On being offered an Alternative Product you have the right to cancel your Contract or amend your order.
4.3 In the event that we are unable to obtain any out of stock Product from our suppliers in accordance with Clause 4.1 and do not offer any Alternative Product in accordance with clause 4.2 we reserve the right to cancel your order.
5. CANCELLATION, REFUNDS AND RETURNS
5.1 Defective Products
In the unlikely event that a Product does not conform with the Order or these terms and conditions, please let us know as soon as possible after delivery or collection. We will collect the Product on a date agreed between us and once we have checked that the Product is faulty, we will:
5.1.1 provide you with a full or partial refund (including any applicable delivery charges); or
5.1.2 replace the Product; or
5.1.3 repair the Product.
This right is available during our Warranty Period, which in each case will correspond to the warranty period offered by the respective manufacturer or supplier to us of the Products in question. Thereafter we cannot guarantee this right is available, but this does not affect your rights under law as a consumer, if you are acting as a consumer.
5.2 Return of Products within the seven day cooling off period
We at all times operate within the law including UK consumer law. If you are contracting as a consumer you may cancel the Contract at any time within 7 working days (the “cooling off period”), beginning on the day after you received the Products. In this case, you will receive a full refund of the price that you paid for the Products and any applicable delivery charges. 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. However, you will be responsible for the cost of returning the Product to us. Following the 7 day “cooling off period”, there will be a minimum 25% handling charge on products of the invoice price of the goods.
To cancel the Contract within the 7 day period you must inform us in writing or by email to D&D Internet Sales, D&D, 12 The Broadway, Gunnersbury Lane, Acton, LONDON, W3 8HR and return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Unwanted Products or Products ordered in error
If you decide that you no longer want the Product or the Product was ordered in error the Product must be returned in an unopened, unused and resalable condition. You will be responsible for the costs of returning the Product to us. A full or partial refund will be issued to you, dependant upon the condition of the Product when inspected by us upon our receipt. This right is available for a period of 7 days from the time of receipt of the Products. Thereafter we cannot guarantee this right is available, but, if you are contracting as a consumer, this does not affect your rights under law as a consumer.
5.4 The terms of this clause 5 will apply to any repaired or replacement Product we supply to you.
5.5 Any refunds paid in accordance with this clause 5 will normally be paid by the same method as you paid for your original order and we will make every effort to refund your money promptly.
5.6 Nothing in this clause 5 is designed or intended to in any way limit or restrict your legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
6. OUR RIGHT TO CANCEL
6.1 We reserve the right at any point prior to entering into the Contract to refuse your order at our sole discretion. Any such refusal would be confirmed to you by email.
6.2 We reserve the right to cancel the Contract and/or suspend or terminate your account and use of our website if you breach the terms of the Contract.
7. PRICES AND PAYMENT
7.1 The price of the Products and our delivery charges will be the price that is quoted on our website from time to time or quoted at the time of ordering (if different), except in cases of obvious error.
7.2 We reserve the right to adjust prices (including delivery charges) at any time including due to supplier price changes, tax changes, sales or promotions but any such changes will not affect orders in respect of which we have already sent you an Online Confirmation, subject to clause 7.3.
7.3 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch or collection procedures, prior to providing the Delivery/Collection Notification, so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on our website, we reserve the right, at our discretion, either
7.3.1 to contact you to advise you of the correct price and offer the Products to you at the correct price (in which case you have the right to cancel or amend your order); or
7.3.2 to cancel your order and notify you that we are cancelling it.
7.4 If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
7.5 All prices quoted on the website are inclusive of VAT (unless shown otherwise).
7.6 Payment is due at the point of order by a valid debit or credit card for all orders on our website unless agreed otherwise between the parties.
7.7 We accept payment with Mastercard, Maestro, Visa, Electron and Solo. We do not currently accept American Express.
7.8 We reserve the right to refuse to process orders where we believe that there may be card fraud, misrepresentation or any other form of abuse.
8.1 This clause 8 applies to all orders where you have selected the delivery option when completing your order.
8.2 The delivery charges displayed on our website apply to UK mainland locations, with the exception of the following UK locations (“Exceptional Areas”):
8.2.1 Northern Ireland;
8.2.2 Isle of Scilly;
8.2.3 Channel Islands;
8.2.4 Scottish Highlands and Islands; and
8.2.5 Isle of Man.
8.3 If you live within any of the above Exceptional Areas, you must email or call us prior to submitting your order so that we can provide accurate delivery charges to your destination. We reserve the right to postpone or cancel any order where incorrect delivery has been chosen during checkout process.
8.4 All destinations within the Territory other than the Exceptional Areas will incur the following delivery rates:
8.4.1 Orders below £1500 + VAT = £45.00 + VAT
8.4.2 Orders above £1500 + VAT = FREE
8.5 In exceptional circumstances we may incur additional costs for delivery of certain Products to some postcodes areas. In such instances we will advise you of any applicable additional delivery costs at the time that we arrange delivery. If you do not agree to such additional delivery charges you have the right to cancel your order.
8.6 In order to minimise the risk of fraudulent purchases and transactions it is our policy to only deliver to the registered address of the cardholder of the credit or debit card used to purchase the Products. However, in certain circumstances and at our sole discretion, we reserve the right to accept an alternate delivery address for delivery. We will not deliver to postal address boxes or addresses not recognised by Royal Mail.
8.7 Where you have selected to have the Products delivered, unless we notify you that the Product is out of stock or otherwise unavailable in accordance with clause 4 above, we will contact you by telephone to arrange a convenient delivery date within 2 working days from the time of the order.
8.8 All deliveries must be received and signed for by a person over the age of 18. Failure to attend delivery may result in delays, and in worst cases, Products being returned to us.
8.9 Deliveries can be made between the hours of 8.00 am and 5.00 pm Monday to Friday and 9.00 am and 12.00 noon Saturday (excluding Bank Holidays). We regret we are currently unable to provide specific delivery times.
8.10 We will take reasonable steps to meet the delivery date as agreed between us. However, occasionally delivery may be affected by factors beyond our control and so any agreed delivery date cannot be guaranteed. We will try to let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
8.11 We strongly advise that you should not pre-book an engineer, plumber, builder or other installer to install any Products, until the Products have been received by you and inspected.
8.12 Please be aware for large and heavy Products such as boilers, you should ensure that you have adequate space and assistance to receive and handle the Products in a safe manner. In such instances, we advise that at least 2 people handle/carry the item(s).
9. RISK AND TITLE
9.1 The Products will become your responsibility from the time of delivery to you, your premises or any other delivery location specified by you or the time you collect the Products from us.
9.2 Ownership of the Products supplied will only pass to you when we receive in cleared funds full payment of all sums due in respect of the Products (including any applicable delivery charges) and you have taken possession of the Products.
10.3 Furthermore, if you consent during the ordering process or at some other stage, you agree that we may on occasion choose to use your information for promotional purposes to let you know about offers, promotions or news about us or other companies within our Group. This may be in electronic or printed media. You may subsequently decide to opt out to not receive this information by contacting us at D&D Internet Sales, 12 The Broadway, Gunnersbury Lane, Acton, LONDON, W3 8HR. All information is collected lawfully, securely, and in accordance with data protection laws.
11. CREDIT CARD AND DATA SECURITY
We are committed to protecting your security and privacy and we take particular care to ensure that your credit and debit card transactions are secure. All orders made on our website are done so via SSL encryption which is designed to be highly secure and safe. Our chosen payment gateway provider is Sagepay, one the UK’s most trusted payment providers. If you have concerns over your data or card security, please contact your card issuer immediately. For your security, never email any card details to us. We will never contact you to ask for your card details.
12. FORCE MAJEURE
12.1 We will not be liable or responsible for any failure to perform or any delay in the performance of our obligations under the Contract that is caused by any act, event, non happening, omission or accident beyond or outside our reasonable control (“Force Majeure Event”). It shall include in particular (but not limited to) the following:
12.1.1 nuclear, chemical or biological disaster or contamination;
12.1.2 severe adverse weather conditions;
12.1.3 terrorist attack or threat, war, riot or civil disturbance;
12.1.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.1.5 inability to use railways, shipping, aircraft, road, or any other form of public and private transport;
12.1.6 inability to use public or private telecommunications networks including any loss of internet service;
12.1.7 the non-performance or delay by suppliers or sub-contractors;
12.1.8 interruption or failure of utility services including but not limited to electric, power, gas and water; and
12.1.9 the acts, decrees, legislation, regulations or restrictions of any government.
12.2 Our performance under any Contract shall be deemed to be fully suspended for the whole period that the Force Majeure Event continues and we shall have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring a 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. If the Force Majeure Event continues for more than 14 days and is likely to continue thereafter, we may cancel the Contract.
13. LIMITATION OF LIABILITY
13.1 Subject to clauses 13.2 to 13.4, if we fail to comply with the Contract, we shall only be liable to you for any direct 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.
13.2 Subject to clause 13.4, we will not be liable for losses that result from our failure to comply with the Contract that fall into the following categories:
13.2.1 loss of income or revenue;
13.2.2 loss of business;
13.2.3 loss of profits;
13.2.4 loss of anticipated savings;
13.2.5 loss of data; or
13.2.6 waste of management or office time.
However, this clause 13.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 13.2.1 to 13.2.6 inclusive of this clause 13.2.
13.3 Subject to clause 13.4, in no event shall our liability for all and any claims or losses arising out of this Contract exceed the price you paid for the Products subject, if you are acting as a consumer, to your rights under law as a consumer.
13.4 Nothing in this Contract excludes or limits in any way our liability for:
13.4.1 death or personal injury caused by our negligence;
13.4.2 fraud or fraudulent misrepresentation;
13.4.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
13.4.4 defective products under the Consumer Protection Act 1987;
13.4.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.5 We are not liable for any damage caused to the Products or your property caused by you or a third party during installation of the Product or as a result of a failure by you or any third party to follow any instructions or guidance relating to the installation or operation of the Product.
13.6 Where you are contracting as a consumer, we supply the Products to you for domestic, private and non-commercial use and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 We have the right to revise and change these terms and conditions from time to time, at our sole discretion, by amending this page or by communicating with you in writing or electronically.
14.2 You shall be subject to the policies and terms and conditions that are in force at the time you order Products from our website, except where we are required to change our policies and / or terms and conditions by law or governmental authority (in which case the amended policies and / or terms and conditions will apply to orders previously placed by you) or if we notify you of the changes to our policies or terms and conditions before we send you the Online Confirmation (in which case we will assume that you have accepted the changes to the terms and conditions unless you notify us to the contrary in writing within 7 days of receipt by you of the Products).
15. ENTIRE AGREEMENT
15.1 The Contract including 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 the Contract.
15.2 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 the Contract or the documents referred to in them.
15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this Contract (whether made innocently or negligently) will be for breach of contract.
15.4 Nothing in this clause 15 limits or excludes any liability for fraud or, where you are acting as a consumer, your rights under law as a consumer.
16. THIRD PARTY POLICY
16.1 The content, materials and information displayed anywhere on our website may be provided or posted in some cases by third parties. Where this happens we make clear that we are not the originator of any content regardless of the status of the representative or provider. Any third party content is the sole responsibility of the party who provided the content and we shall not be held liable in any way. We are not responsible for the accuracy, propriety, or legality of any such content and accept no liability relating to the use of any content in any way.
16.2 We may from time to time at our discretion allow you access to content, products or services offered by third parties (which, for the avoidance of doubt, may include other members of our Group) through hyperlinks to third party’s websites. You are advised to read such websites’ terms and conditions and privacy policies before using them. You acknowledge that we have no control over third party websites and cannot accept liability for any content, materials or use of such material. Where you purchase any goods or services from such third party websites we cannot give any assurances whatsoever regarding such goods or services and any warranties, representations or other terms are disclaimed by us absolutely. Where you are acting as a consumer, this does not affect your rights under law as a consumer against such third party. If you would like information about your legal rights you should contact your local Citizens Advice Bureau or trading standards office.
17. YOUR ACCOUNT, PASSWORD AND DETAILS
At any time you may register with us by following the prompts on the website. You agree that all information provided at the point of registration is true and accurate and you must inform us promptly of any changes to the information provided. The responsibility for maintaining the confidentiality of your account and password rests solely with you and you are also responsible for restricting access to your computer or device to prevent unauthorised access to your account. We cannot be held responsible for any breach of security caused by your failure to maintain the confidentiality of your account and password. You shall ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner that would cause any harm, cost or inconvenience to us. You must not misrepresent your identity in any way including all information provided either electronically or verbally to us and our staff.
18. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on both parties and our successors and assignees. You may not transfer or assign or change or otherwise dispose of the Contract or any of your rights or obligations arising under it without our express and prior written consent. We may transfer or assign or change or otherwise dispose of the Contract or any of our rights or obligations arising under it at any time during the terms of the Contract at our discretion.
20. WRITTEN COMMUNICATIONS
20.1 UK applicable laws require that some of the information or communications we send to you should be in writing. By using our website you agree that communications from us to you may be electronic and that we may contact you by email or provide you with information by posting notices on our website.
20.2 In respect of the Contract between us, you agree to the above mentioned electronic means of communication and you acknowledge and agree that all contract, notices, and all other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. Where you are acting as a consumer, this condition does not affect your rights under law as a consumer in any way.
20.3 All notices provided by you to us must be given to D&D Internet Sales, 12 The Broadway, Gunnersbury Lane, Acton, LONDON, W3 8HR
20.4 We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the methods specified in Clause 20 (Written Communications). Notice will be deemed to be received and properly served immediately when posted on our website, 24 hours after an email is sent or 3 days after the date of posting of any letter. In proving the serving of the notice, it will be deemed 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 email, that such email was sent to the correct email address of the addressee.
If we fail during the terms of the Contract to insist on the strict performance of any of your obligations under the Contract, 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 in any way relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20.
If any of these terms and conditions or any provisions of a Contract are determined by any legal body or competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to the extent that it is held to be invalid, unlawful or unenforceable be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
23. LAW AND JURISDICTION
23.1 Subject to Clause 23.2, Contracts for the purchase of Products through our website 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. Any dispute or claim that arises from, or is related to, such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23.2 If you are domiciled in Scotland (according to the Civil Jurisdiction and Judgements Act 1982) or the Products are delivered to you in Scotland (or collected at a branch in Scotland), we may elect that the Contract be governed and construed in accordance with Scots law and/or all disputes arising in connection with the Contract be submitted to the jurisdiction of the Scottish Courts.
24. DEFINITIONS AND INTERPRETATION
24.1 The following terms have the following meanings:
24.1.1 “website” is www.ddplumbingandheating.co.uk
24.1.2 “We”, “Us” or the “Seller” is D&D Plumbling and Heating ltd. (as the case may be);
24.1.3 “You” means the person placing the order, as confirmed in the order;
24.1.4 “Products” are the goods sold on our website;
24.1.5 “order” means the order placed on our website by you;
24.1.6 “Company” means D&D Plumbing and Heating ltd, its ultimate holding company and any such subsidiary of such ultimate holding company as such terms are defined in section 1159 Companies Act 2006.
24.2 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.