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Terms and conditions of supply
This page tells you information about the legal terms and
conditions (Terms) on which we (i) sell any of the finished
products, which consist of major domestic appliances (MDAs) and
small domestic appliances (SDAs), spare parts, cleaning products
and accessories (Spare Parts) (collectively known as Products),
and (ii) provide any of the services which may include delivery or
delivery and installation or repairs (Services) listed on this
website (the Site) to you.
These Terms will apply to any contract between us for the sale of
Products or Products and Services or for the provision of Services
(Contract). Please read these Terms carefully and make sure that
you understand them, before ordering any Products or Products and
Services and Services.
We amend these Terms from time to time. Every time you wish to
order Products or Products and Services or Services, please check
these Terms to ensure you understand the terms which will apply at
that time.
1. INFORMATION ABOUT US
1.1 We are Whirlpool UK Appliances Limited, a company registered in
England and Wales under company number 106725 and have our
registered office at Morley Way, Peterborough, PE2 9JB. Our main
trading address is Morley Way, Peterborough, PE2 9JB. Our VAT
number is GB 513936740.
1.2 To contact us, please see our Contact
us page.
2. OUR PRODUCTS
2.1 The images of the Products on the Site are for illustrative
purposes only. Although we have made every effort to display the
colours accurately, we cannot guarantee that your computer's display
of the colours accurately reflect the colour of the Products. Your
Products may vary slightly from those images.
2.2 All Products shown
on the Site are subject to availability. Wherever possible, we list
availability information for Products on the Site.
2.3 We will inform
you by e-mail within 28 days if the Product you have ordered is not
available and we will not process your order if made.
3. USE OF THE SITE
3.1 Your use of the Site is governed by the terms of website use which
can be located on the Site. Please take the time to read these, as
they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 You may only purchase Products and Services from the Site if you
are at least 18 years old.
5.2 Our order process allows you to check
and amend any errors before submitting your order to us. Please take
the time to read and check your order at each stage of the order
process.
5.3 After you place an order, you may receive an e-mail
acknowledging that we have received your order. However, please note
that this does not mean that your order has been accepted. Our
acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm our acceptance of your order by sending you an
e-mail with confirmation of the Contract (Confirmation Email). The
Contract between us will only be formed when we send you the
Confirmation Email.
5.5 If we are unable to supply you with a Product
and/or Service, for example because that Product is not in stock,
the Product and/or the Service is no longer available or due to an
administrative error on the Site, we will inform you and we will not
process your order. If you have already paid for the Products and
Services, we will refund you the full amount as soon as possible.
6. DELIVERY OF MDAS
6.2 Whilst we are able to advise of a delivery date, we regrettably cannot confirm a precise delivery time. If am / pm deliveries are offered then these will generally take place as follows:
am - between the hours of 07:30am and 13:00pm
pm - between the hours of 12:00pm and 18:00pm
Please note that in respect of some MDAs and Services we may not be able to indicate whether deliveries will be made in the morning or the afternoon.
6.3 Delivery will be completed when we have delivered your MDA to the address you gave us.
6.4 If we require a signature at the time of delivery, you or a person over the age of 18 authorised by you (Eligible Person) must be available to accept the delivery. If we are unable to make the delivery on the agreed date because there is no Eligible Person at home then we will leave a card confirming that we have attempted delivery. It will then be your responsibility to contact us to arrange a new delivery date.
6.5 The delivery team will unpack your new MDA and position it in a suitable room of your choice. We ask you to check your new MDA carefully for any visible damage, and also check your home for any damage that may be caused during the delivery, before you sign the delivery documentation. Any comment related to damage to the MDA or to your home must be entered in the appropriate section of the delivery documentation.
6.6 The MDA will be your responsibility from the completion of delivery.
6.7 You own the MDA once we have received payment in full, including all applicable delivery charges.
6.8 We deliver to addresses in mainland England, Scotland, Wales and Northern Ireland only.
7. DELIVERY OF SDAS AND SPARE PARTS
7.1 Your order will be fulfilled by the estimated delivery date set
out in the Confirmation Email, unless there is an Event Outside Our
Control (see clause 15 below). If we are unable to meet the
estimated delivery date because of an Event Outside our Control, we
will contact you with a revised estimated delivery date.
7.2 Delivery
will be completed when we deliver the Spare Parts and/or the SDAs to
the address you gave us.
7.3 If no Eligible Person is available at
your address to take delivery, our chosen courier will leave you a
note to say that they had attempted to deliver the Spare Parts
and/or SDAs. The courier will attempt to re-deliver the Spare Parts
and/or SDAs. For more information on an unsuccessful delivery please
contact the courier directly, if they are unable to assist then
please contact us using the information on the Contact us page on
the Site.
7.4 The Spare Parts and SDAs will be your responsibility
from the completion of delivery.
8. REMOVAL SERVICES FOR MDAS
8.1 We will remove your old appliance at the time of delivery of your
new MDA, if you requested this Service in your order.
8.2 We will
only remove your old appliance if it is disconnected prior to
delivery of your new MDA.
9. CONNECTION SERVICES OF MDAS
9.2 Connection of MDAs will be carried out to existing services within one metre of the MDA only (one and a half metre for Range Style Gas or Dual Fuel Cookers). Included in the connection will be a test of the MDA.
9.3 We will be unable to connect your new MDA if:
9.3.1 the old appliance is not disconnected (excluding gas and electric cookers);
9.3.2 any electrical/gas/plumbing supplies fail the delivery team's testing or are considered unsuitable;
9.3.3 any water supply cannot be isolated or is unsuitable;
9.3.4 any drainage/waste facilities are unsuitable;
9.3.5 mechanical adjustments are required to the MDA to overcome such things as water pressure problems;
9.3.6 alterations to pipe work are needed to satisfy the requirements of MDAs with waterproofing devices.
9.4 We will only disconnect existing appliances prior to a connection if in our judgement the existing connection is sound and safe.
9.5 Please note that the Service provided by our delivery team is a connection, not an installation. An installation occurs where:
9.5.1 no services or fittings are currently present;
9.5.2 hard wiring is required;
9.5.3 any additional work such as plumbing is necessary.
9.6 If you need an installation (which includes built-in Products), then please contact us using the details on our Contact us page.
10. PRICE OF PRODUCTS OR SERVICES
10.2 The price of a Product and Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and Services in full before the change in VAT takes effect.
10.3 The price of a MDA includes delivery charges.
10.4 The price of Spare Parts and SDAs does not include delivery charges.
10.5 We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product or Service you ordered:
10.5.1 where the Products or Services correct price is less than the price stated on the Site, we will charge the lower amount in the case of dispatching the Products and providing the Services to you; and
10.5.2 if the Products and Services correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product and Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11. HOW TO PAY
11.2 You will be directed to an external and secure site for the processing of your online payment. This service is hosted by a third party who are fully accredited by Visa and MasterCard. Their systems and security controls are based on current industry standards and have several layers of technology in place to ensure the confidentiality of your information. Your full card details will never be seen, stored or accessed by us.
10.3 Payment for the Products and Services and all applicable charges (including delivery charges) needs to be made in full prior to the delivery of the Products or providing the Services.
12. SPARE PARTS SAFETY INFORMATION
12.2 Ensure appliances are disconnected from the mains before performing any work on them.
12.3 Perform any necessary earth looping continuity tests or insulation resistance tests before reconnecting.
12.4 Gas appliance parts should only be fitted, tested and inspected by a Gas Safe registered engineer.
13. OUR LIABILITY IF YOU ARE A CONSUMER
13.2 We do not in any way exclude or limit our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 any breach of the terms implied by law which cannot be excluded or restricted, including, but not limited to, your rights as a consumer as detailed in our Returns Policy; and
13.2.4 defective products under the Consumer Protection Act 1987.
13.3 Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law.
13.4 Subject to clause 13.2, our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Products charges.
14. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
14.1.1 loss of profit, sales, business or revenues;
14.1.2 loss of business opportunity;
14.1.3 business interruption;
14.1.4 loss of anticipated savings;
14.1.5 loss of goodwill;
14.1.6 any indirect or unforeseeable loss.
14.2 We do not in any way exclude or limit our liability for:
14.2.1 death or personal injury caused by our negligence;
14.2.2 fraud or fraudulent misrepresentation; and
14.2.3 any breach of the terms implied by law which cannot be excluded or restricted.
14.3 Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law.
14.4 Subject to clause 14.2, our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Product charges.
15. EVENTS OUTSIDE OUR CONTROL
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the provision of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. COMMUNICATIONS BETWEEN US
16.1.1 To discuss any issues relating to cancellation of the Contract, refunds or any faulty or damaged Products, then please refer to the Returns Policy for the relevant contact details.
16.1.2 If you wish to contact us in writing for any other reason, you can contact us by email, post or by telephone. For further details please visit our Contact us page.
16.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17. RIGHT TO CANCEL, REFUNDS AND DISCOUNT
17.1 Your rights to cancel the Contract and your rights to a refund or
discount are detailed in the Returns Policy.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to
another organisation, but this will not affect your rights or our
obligations under these Terms.
18.2 You may only transfer your rights
or your obligations under these Terms to another person if we agree
in writing. However if you are a consumer and you have purchased a
Product as a gift, you may transfer the benefit of our Guarantee (as
detailed in our Returns Policy) to the recipient of the gift without
needing to ask for our consent.
18.3 This contract is between you and
us. No other person shall have any rights to enforce any of its
terms. However, if you are a consumer, the recipient of your gift of
any Product will have the benefit of our Guarantee (as detailed in
our Returns Policy), but we and you will not need their consent to
cancel or make any changes to these Terms
18.4 Each of the paragraphs
of these Terms operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable,
the remaining paragraphs will remain in full force and effect.
18.5 If
we fail to insist that you perform any of your obligations under
these Terms, or if we do not enforce our rights against you, or if
we delay in doing so, that will not mean that we have waived our
rights against you and will not mean that you do not have to comply
with those obligations. If we do waive a default by you, we will
only do so in writing, and that will not mean that we will
automatically waive any later default by you.
18.6 If you are a
consumer, please note that these Terms are governed by English law.
This means a Contract for the purchase of Products and Services
through the Site and any dispute or claim arising out of or in
connection with it will be governed by English law. You and we both
agree that the courts of England and Wales will have non-exclusive
jurisdiction.
18.7 If you are a business customer, these Terms are
governed by English law. This means that a Contract, and any dispute
or claim arising out of or in connection with it or its subject
matter or formation (including non-contractual disputes or claims),
will be governed by English law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.
19. ALTERNATIVE DISPUTE RESOLUTION REGULATIONS 2015
19.1 If you make a complaint to us in relation to any Products or
Services that we supply and that complaint remains unresolved as
between you and us after you have exhausted our internal complaint
process, we will write to you with the name and web address of a
certified ADR provider, who is listed on the Chartered Trading
Standards Institute website
(http://www.tradingstandards.uk)
and who is able to assist in resolving disputes relating to our
Products and Services.
19.2 When we provide you with the details of a
certified ADR provider, we will confirm to you whether we are
willing to use ADR to resolve your complaint.
19.3 In accordance with
EU Regulation 524/2013 on online dispute resolution for consumer
disputes, here is a link to the EU’s ODR platform:
(http://ec.europa.eu/consumers/odr/)
The company email address is theservicecentre@indesit.com
20. MANUFACTURER’S GUARANTEE
20.1 Your purchase of a Product has the benefit of a manufacturer's
guarantee (Guarantee) as detailed in the Returns Policy.
RETURNS POLICY
This returns policy (Policy) tells you information about your rights
under the Consumer Contracts Regulations 2013 and Consumer Rights
Act 2015 for (i) the sale of any finished product, which consists of
major domestic appliances (MDAs), small domestic appliances (SDAs),
spare parts, cleaning products and accessories (Spare Parts)
(collectively known as Products), and (ii) for the provision of any
services which may include delivery or delivery and installation or
repairs (Services).
These terms will apply to any contract between us for the sale of
Products or Products and Services or for the provision of Services
(Contract).
We amend these Terms from time to time. Every time you wish to order
Products or Products and Services or Services, please check these
Terms to ensure you understand the terms which will apply at that
time.
Cancellation of the Contract prior to the use of the Product or
completion of the Service
1. CONTRACT CANCELLATION UNDER THE CONSUMER CONTRACTS REGULATIONS 2013
1.1 If you are a consumer and you have purchased a Product or
Products and Services, you have a legal right to cancel the Contract
at any time before or up to 14 days after you have received the
Products. This means that during the relevant period if you change
your mind or for any reason you decide you do not want to keep a
Product, you can notify us of your decision to cancel the Contract.
1.2 For the provision of Services, you have the legal right to cancel
the Contract at any time up to 14 days on which the Contract was
made. This means that during the relevant period if you change your
mind for any reason you decide you do not want to go ahead with the
Service, you can notify us of your decision to cancel the Contract.
1.3 To cancel the Contract, you can call us on 0344 8224 224 or email
us at theservicecentre@indesit.com or use our Cancellation Form
attached as Annex 1.
1.4 Your purchase of a Product must be complete,
unused and in the same condition as when you received it e.g. if you
have removed the Product from the box to examine it you must have
done so without damaging or marking it. The Product must be returned
with any accessories.
1.5 By entering into a Contract for the
purchase of Products and Services, you acknowledge that the Services
will be fully completed before the cancellation period is over and
if you cancel the Contract you will have to pay us for the Services.
1.6 By entering into a Contract for the purchase of Services, you
acknowledge that you will have no right to cancel the Service, where
a Service has been started within the cancellation period at your
request and has been fully completed before the cancellation period
is over.
1.7 Where a Service has been started within the cancellation
period at your request, but has not been completed, you still have
the right to cancel. However, you will have to pay to us the
reasonable costs for the work that we have done up to when you
informed us of your decision to cancel. These charges are shown
below:
| Work Request Charge | Charge | Charge if you cancel before repair has been completed | Refund Due (on request) if repair is prepaid |
|---|---|---|---|
| Product repair up to 5 years old | £109.99 | £54.98 | £55.01 |
| Product repair over 5 up to 10 years old | £124.99 | £54.98 | £70.01 |
| Product repair over 10 years old | £149.99 | £54.98 | £95.01 |
1.8 We will refund the price you may have paid for the Product or
Products and Services or Services and if applicable, any basic
delivery cost less any deductions which apply in accordance with
this Policy, to the card with which you made payment.
1.9 If your
MDA(s) has been delivered, then it will be your responsibility to
arrange for us to collect the MDA(s). In the case that we will
recover the MDA(s) from you, we will charge you a fee of £50
inclusive of VAT to cover the costs that we will incur.
1.10 If your
Spare Part(s) has been delivered, then you will need to notify us of
your intention to return within 14 days of delivery and we will
issue you with a Returns Notification Number. Please make sure to
quote this number on the correspondence accompanying the return. You
will be responsible for the cost of returning the Spare Part(s). We
will refund you the value of your order once we have received your
return back into the warehouse. Please note that due to the volume
of trade that passes through Whirlpool UK Appliances Limited
warehouse we may not be able to process returns that are not
accompanied by a Returns Notification Number.
1.11. If your SDA(s) has
been delivered, then you will need to notify us of your intention to
return within 14 days of delivery and we will issue you with a
Returns Notification Number. Please make sure to quote this number
on the correspondence accompanying the return. You will be
responsible for the cost of returning the SDA(s). We will refund you
the value of your order once we have received your return back into
the warehouse.
2. SHORT TERM RIGHT TO REJECT UNDER CONSUMER RIGHTS ACT 2015
2.2 The Contract for the purchase of Products can be cancelled if the Products are not: (i) of satisfactory quality; (ii) fit for a purpose made known to us before you purchased the Product; (iii) as described on our website or any other product guide we have provided you with; or (iv) the installation of the Products was undertaken by us and was performed incorrectly.
2.3 If you notify us of your intention to exercise your right to reject a Product within the 30 day period specified in paragraph 2.1 above, then we may offer you a repair or replacement of that Product in accordance with paragraph 3 below. If you agree to such repair or replacement then your right to reject the Product is suspended for a reasonable time whilst we undertake such repair or replacement. Following completion of the repair or replacement, if the Product still does not conform to the Contract, you will have the longer of (i) 7 days from receiving the repaired or replaced Product, or (ii) the remainder of your original 30 day period to reject such Product.
2.4 To reject a Product, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com. When contacting us, you must inform us of why you are rejecting the Product(s).
2.5 We will refund, in full, the price which you have paid for the Product, including any delivery or installation charges, within 14 days of us agreeing that the refund is due.
2.6 If your MDA(s) has been delivered, then we will contact you in order to arrange a convenient time for collection of the MDA(s).
2.7 If your Spare Part(s) or SDA(s) has been delivered, then when you notify us of your intention to return the Product we will issue you with a Returns Notification Number and provide you with a returns label. Please make sure to quote this number on the correspondence accompanying the return.
3. RIGHT TO REPAIR, REPLACEMENT OR REPEAT PERFORMANCE UNDER THE CONSUMER RIGHTS ACT 2015
3.1 If you are a consumer, you have a legal right to request a repair
or replacement of any Products which do not conform to the Contract
or to request that we re-perform any Services in order to ensure
that they conform to the Contract. In addition, if you notify us of
your intention to exercise your short-term right to reject a
Product, then we may offer you a repair or replacement of that
Product.
3.2 To request a repair or replacement of a Product or the
repeat performance of any Services, you can call us on 0344 8224 224
or email us at theservicecentre@indesit.com. When contacting us, you
must inform us of why you require a repair or replacement of the
Product or the reperformance of the Services.
3.3 If the Product or
Services still do not conform to the Contract following repair,
replacement or repeat performance, if we are unable to offer a
repair, replacement or repeat performance because this would be
impossible or if we have failed to carry out such repair,
replacement or repeat performance within a reasonable time or
without causing you significant inconvenience, then you will have
the right to a price reduction as set out in paragraph 4 below or,
in the case of Products only, to reject the Products as set out in
paragraph 5 below.
4. RIGHT TO A PRICE REDUCTION UNDER THE CONSUMER RIGHTS ACT 2015
4.2 To request a price reduction, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com
4.3 If you are entitled to a refund you will receive this within 14 days of us agreeing that the refund is due.
5. FINAL RIGHT TO REJECT UNDER THE CONSUMER RIGHTS ACT 2015
5.1 Where you have purchased Products and one of the circumstances in
paragraph 3.3 applies, you have the right to reject the Products.
5.2
To exercise your final right to reject the Products, you can call us
on 0344 8224 224 or email us at theservicecentre@indesit.com.
5.3 If
you reject the Products within six months of them being delivered or
installed then you will receive a full refund of any price paid for
the Product including any delivery or installation charges within 14
days of us agreeing that the refund is due.
5.4 If you reject the
Products later than six months after they are delivered or installed
then we may make a deduction in order to take account of the use you
have had of the Products in the period since they were delivered.
5.5
When determining the amount of any deduction for use we will
consider: (i) the period of time since you received the Product;
(ii) the type of Product; (iii) the intended use of the Product;
(iv) the expected use of the Product; and (v) any signs or extent of
use of the Product. Where appropriate, the amount of any deduction
for use may be the full price you paid for the Product.
5.6 You will
receive any refund within 14 days of us agreeing that the refund is
due.
Manufacturer's Guarantee
1. MDA AND SDA MANUFACTURER’S GUARANTEE
2. SPARE PARTS MANUFACTURE GUARANTEE
2.1 Your Spare Part has the benefit of our manufacturer’s guarantee
(“Guarantee”), which covers your Spare Part if, within twelve months
from purchase your Spare Part is proven to be faulty or damaged
because of either workmanship or material. Our Guarantee is in
addition to your statutory rights as detailed above.
2.2 If you
received a faulty or damaged Spare Part(s) within twelve months from
the date of purchase you may elect to make a claim pursuant to this
Guarantee by contacting our Spare Parts Department on 0344 8225 225.
We will arrange a returns authorisation and either a replacement
part or full refund including the cost of sending the item to you
once the Spare Part(s) has been received and inspected. If you would
like to exchange a Spare Part(s) for a different one, please notify
our Spare Parts Department on 0344 8225 225. when applying for a
returns authorisation.
2.3 Please note it takes 2 to 5 business days
to process returns once they arrive at our warehouse.
2.4 A full
refund will be issued in the same form of payment originally used
for the purchase within 3 to 5 business days of us receiving your
return. Please allow up to 28 days for funds to appear in your bank
account.
2.5 Our Guarantee is subject to the following conditions:
2.5.1
Documentary proof of original purchase date is provided.
2.5.2 Cosmetic
damage must be reported within 14 days from the date of purchase.
2.5.3
The Spare Part has been fitted by a suitable qualified or competent
person in accordance with our operating and maintenance
instructions.
2.5.4 The Spare Part is used in the United Kingdom.
2.6
Our Guarantee does not cover:
2.6.1 Damage resulting from
transportation, improper use, neglect or interference or as a result
of improper installation.
2.6.2 Accidental damage, this includes but is
not limited to, damage which occurs as a result of an external
action.
2.7 We manufacture Spare Parts for domestic use only. We
understand that in some cases our Spare Parts are used in commercial
and/or non domestic situations. We still provide a full 12 months
Guarantee subject to the above conditions and that the Spare Part
has not been subject to overuse, which is to be determined by us
taking into account actual usage versus usage that is expected of a
domestically situated appliance.
Annex 1
CANCELLATION FORM
To: Whirlpool UK Appliances Limited,
Morley Way,
Peterborough,
PE2 9JB
0344 8224 224 | theservicecentre@indesit.com
I/We [*] hereby give
notice that I/We [*] cancel my/our contract of sale for the
following goods [*]/ for the supply of the following service [*],
Ordered on [*] / received on [*]
Name of consumer(s):
...............................................................................................
Address of consumer(s):
....................................................................................................................................................................................................................................
Order Reference Number:
............................................................................................
Date:
..........................................................................
Signature of consumer(s) (only if this form is notified on paper:
...................................................................................................................................
[*] Delete as appropriate
