The Conservatory Heating Company Terms & Conditions

These terms and conditions relate to you buying The Conservatory Heating Company’s products. They do not apply to products you bought or are buying through third parties or grant scheme.

1. Services and Background

The Seller shall sell, and the Customer shall purchase the Goods which shall be delivered by the Seller in accordance with any Order completed by the Customer which is accepted by the Seller. These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or reported to be made by the Customer.

2. Parties to the Agreement

These terms and conditions form part of a legal agreement (the agreement) between:
(a)    us, The Conservatory Heating Company of Unit 8, Elmfield Business Park, Lotherton Way, Leeds LS25 2JY (company number 09019006) and;
(b)    you, the person named as the customer in the Estimate / Invoice.
This document sets out the terms and conditions that apply to the agreement for you buying your heating and us installing it. It explains what you can expect from us. It also explains your responsibilities.
The agreement between you and us is made up of:
• these terms and conditions
• order confirmation email
• your full payment
(c)    Before you purchase a heater, read these terms and conditions carefully and make sure that the details on your order are complete and accurate.
(d)    If you think there is a mistake on your order or want to make any changes, phone us on 0330 0557 503, email us at info@theconservatoryheatingcompany.co.uk, or write to us at:
The Conservatory Heating Company of Unit 12,
Elmfield Business Park
Lotherton Way,
Leeds
LS25 2JY
We will confirm any changes by letter or email to avoid any confusion.
(e)    If we have to contact you, we will do so using the phone number, address or email address you gave in your order.
(f)    These terms and conditions will become binding on you and us when:
• we send you an acknowledgement of order to confirm that we have accepted your order.
• If your property is not suitable for the heating you want to buy, we will only accept your order without the 100-day warmth guarantee.
(g) If we need to do any extra work at your property in order for us to start or finish installing the heating, we can increase the price we quoted to cover the cost of that work with your consent.

3. Definitions and Interpretation

3.1 In these Terms and Conditions the following terms shall have the following meanings:
•    “Calendar Day” means any day of the year;
•    “Cancellation Form” means the form attached to these Terms and Conditions as Schedule 1;
•    “Cancellation Notice” means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer.
•    “Customer” means the individual or individuals purchasing the Goods and Services from the Seller who shall be identified in the Order;
•    “Goods” means the goods which the Seller is to supply in accordance with these Terms and Conditions which shall be installed as part of the Services.
•    “Order” means the customer’s completed order for the purchase and provision of Goods and Services;
•    “Payment Information” means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;
•    “Seller” means The Conservatory Heating Company Ltd.
•    “Services” means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order, which shall involve the installation or delivery of the Goods purchased by the Customer.

4. Basis of Sale

4.1 Sales Literature issued by the Seller in relation to the Goods and Services is subject to alteration without notice.
4.2 Prices could change on the website; therefore, the new prices will come into play.
4.3 The pictures on our website and in our brochures are for guidance only.
4.4 The images of the Products on our Website 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 reflects the colour of the Products. The Products ordered by you may vary slightly from those images.
4.5 We have made every effort to be as accurate as possible when describing the Products and Services. All sizes, weights, capacities, dimensions and measurements of Products indicated on our Website have been provided by the manufacturers of those Products.
4.6 The packaging of the Products may vary from that shown on the images on our Website.
4.7 The prices of the Products and Services will be as quoted on our Website at the time you submit your order. We use our best efforts to ensure that the prices are correct at the time when the relevant information was entered onto the system. In some cases, we may need to obtain further details in order to provide a quote for the price of Services. The price of Services may therefore vary from the prices on the Website depending on your circumstances.

5. Orders and Specifications

5.1 The Seller shall use its best and reasonable endeavours to meet the Customer’s Order for Goods in full in a single delivery.
5.2 For any delivery, or where the Customer requests installation, the seller will give a delivery/installation date and if this date is refused by the customer, they will have to take the next available delivery/installation date that fits in with the company’s schedule. Delivery/installation will be chargeable and you should request a written quotation
5.3 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
5.4 We will acknowledge your order when you place it. This does not mean that your has been accepted. We will contact you to confirm our acceptance of your order (Acceptance Confirmation) which shall include, where you have purchased Products, sending you a tracking code by email when your order is shipped to enable you to check progress of your delivery online. The Contract between you and us will only be formed when you receive the Acceptance Confirmation.
5.5 If we are unable to supply you with a Product and / or Services because that Product and / or those Services are no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product and / or Services, we will refund you the full amount including any delivery costs charged as soon as possible.
5.6 In the unlikely event that a Product that you have ordered is out of stock, the estimated delivery time will be longer and you will be contacted by us in order to set a new delivery date and to arrange a new date for performance of the Services if necessary.

6. Payment

6.1 You can only pay for Products on the Website using a debit card or credit card. We accept the following payment methods: Visa, Visa Electron, Maestro, Paypal and Mastercard.
6.2 Payment for the Products and all applicable delivery charges (if any) is required in advance, in full. When making a payment through our website, payment is taken when the order is placed. Payment via BACS is possible when the customer sends the payment following receiving an invoice.
6.3 Paying by electronic bank transfer - account details are:
Bank: NatWest;
Company: Trust Electric Heating Ltd;
Account No: 48132691
Sort Code: 56-00-70
6.4 100% payment is required when placing any order before the company will start the build of any heaters.
6.5 Late payment. If the customer does not pay on time, the company will charge interest (at the bank of England base rate at the time plus 2.5%) on the amount you owe (including VAT) from the date the payment was due until we receive it.
6.6 If you think your invoice is incorrect, contact us as soon as possible let us know and we will not charge you interest until we have settled the matter.

7. Delivery

7.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control.
7.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us when placing your order or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
7.3 You own the Products once we have received payment in full, including all applicable delivery charges (if any).
7.4 If an installation has been arranged then, prior to delivery / installation of the radiator(s), it will be the customers responsibly to ensure that any existing heaters that have been agreed to be removed, have had sufficient time to completely cool down in the interest of safety.
7.4.1 If an installation has been agreed and it is deemed by the installation team that the existing heaters are unsafe to be removed, then the installation will be cancelled and re-booked. The customer will then be liable to pay a re-booking fee of £180 inclusive of VAT.
7.5 The Conservatory Heating Company is NOT responsible for any additional wiring, disposal of old heating systems or non-standard installation of any kind that may be requested by the customer unless previously quoted for and agreed in writing.
7.6 Electrical work. Our quotation assumes that the electrical wiring in your property meets the current regulations. If the electrical consumer board needs to be updated to conform with current regulations the charge of this will fall to the customer.
7.6.1 All electrical work shall be subject to survey by the electrician at the point of installation. Any unforeseen work may be chargeable to the customer once agreed.
7.7 Asbestos. The removal of old night storage heaters can sometimes contain asbestos. This would prevent us removing the old system safely. We will provide a quote for the customer from a specialist and if appropriate, they will remove the asbestos storage heaters. You can decide whether you want the contractor to do the work. The costing will be added to the bill or an arrangement for the customer to pay the contractor. This will be confirmed by email or writing.

8. Title to the Goods

8.1 Title to the Goods shall remain vested in The Conservatory Heating Company and shall not pass to the Customer until the purchase price for the Goods has been paid in full.
8.1.1 Until title to the Goods passes to the customer The Conservatory Heating Company shall have authority to sell or otherwise deal with and/or dispose of all or any part of the Goods.
8.1.2 The Conservatory Heating Company shall store or mark the Goods in a manner reasonably satisfactory to the Customer indicating that the title to the Goods remains vested in The Conservatory Heating Company.
8.1.3 The Conservatory Heating Company will not go back to the customers property to fix, repair, or change a heater without the balance being paid in full.
8.2 Irrespective of whether title to the Goods remains vested in The Conservatory Heating Company, risk in the Goods shall pass to the Customer upon delivery/installation.

9. Limitations of Goods

9.1 All radiators supplied have a limitation of use. That is, all radiators are specified and supplied to heat a specific size of room. Factors considered are; room size (cubic capacity), anticipated heat loss and gain, windows, doors, building construction and building type and the anticipated of egress/ingress. Therefore, breach of these limitations, including where the customer chooses to purchase a lower kW radiator than that specified and recommended by our representative, will result in the guarantee being invalid.
9.2 All radiators supplied come with a 10-year manufacturers guarantee. This guarantee period will commence from the date of installation/delivery (this assumes payment has been received in full). This assumes there is no breach, per 9.1 above.
9.2.1 Right to Repair Law, UK. Should you experience any issues or problems with your heaters, in the first instance, please telephone our office, as we can often rectify many issues over the telephone. Should we not be able to rectify over the telephone, we will arrange to visit your property to carry out repairs. There will be no cost for the replacement parts however, the customer will be liable for a call-out charge. This can range between £60 and £160 inclusive of VAT, dependent on the distance from The Conservatory Heating Company Head office in Leeds and the complexity of the work needed to be carried out.
9.3 The ProtoStat thermostat, shall have a 3-year guarantee from the date of installation/delivery. The guarantee will be with The Conservatory Heating Company (this assumes payment has been received in full).
9.3.1 Any 3rd party thermostat will have its own guarantee that will presented at the point of sale.
Repair costs shall be as follows:
I.  If the thermostat needs replacing within the relevant guarantee period, there will be no cost for the replacement parts however the customer shall be liable for a callout charge between £60 and £160, inclusive of VAT, dependent on the distance from The Conservatory Heating Company’s head office in Leeds.
II.  If the thermostat needs replacing outside of the relevant guarantee period, there will be a cost of a new thermostat price on application : However, the customer shall be liable for a callout charge between £60 and £160, inclusive of VAT, dependent on the distance from The Conservatory Heating Company’s head office.
III.  However, if a customer requests a callout in the first year and it is deemed by the engineer that neither the installation of the radiator or the radiator is at fault, then the customer shall be liable for a callout charge of between £60 and £160, inclusive of VAT, plus materials dependent on the distance from The Conservatory Heating Company’s head office.

10. Service Warranty

10.1 To give our customers a peace of mind, we offer a service warranty from the date of purchase. If this is included on the customer account, no call out charges will be paid as outlined in limitation of goods (clause 9) as they will be included in the Service Warranty. For more information, please refer to the Trust Care Terms and Conditions: https://www.trustelectricheating.co.uk/trust-care-terms/
10.2 At the time of order you should indicate whether you want to include the service warranty.
10.3 The Service Warranty includes a yearly service for up to 10 years for all radiators.
10.4 A refresh of the casing of one radiator each year and a reduction on price of a full refresh for all heaters in a single year.

11. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015

11.1 Notice of the Right to Cancel.
11.2 Under the above regulations the right to cancel does not apply with regards to the supply of goods that are made to the consumer’s specification or are clearly personalised. The Conservatory Heating Company’s radiators are made to a specification provided by the customer, that are not standard options, and are considered to be clearly personalised.
11.2.2 You are not entitled to a full refund if you cancel your order more than 14 days after placing it (the cooling-off period specified in the Consumer Contracts, Information Cancellation and Additional Charges Regulations 2013).
11.2.3 Refunds normally take around 7-10 working days to process and it may take between 3-5 working days thereafter for funds to reach your account once processed.
11.3 Due to the bespoke nature of the product, normal delivery time is in excess of 30 days.

12. Notices

12.1 All notices under these Terms and Conditions shall be in writing.

13. Force Majeure

13.1 Neither the Seller nor the Customer shall be liable for any failure or delay in performing their obligations under the Contract or arising out of these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

14. Law and Jurisdiction

14.1 This Agreement shall be governed by the laws of England and Wales.
14.2 Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.

15. General

15. 1 We may transfer our rights and responsibilities under the agreement to another person or organisation. We will always tell you in writing if we are doing this, and we will make sure that the transfer will not affect your rights under the agreement.
15. 2 You need our permission to transfer your rights to someone else. No other person will have any rights to enforce any of these terms and conditions, except where you have transferred you rights and obligations with our permission and have this in writing.
15. 3 The heaters will not be under guarantee if they are removed without our permission or moved to another property.

16. Governing law and disputes

These terms and conditions are governed by the laws of England and Wales, and any dispute arising out of or in relation to the agreement between you and us may be brought to an English or Welsh court. If you live in Scotland, you may bring legal proceedings in the Scottish courts if you prefer to do so.

17. Data Protection

We will use your personal information in line with the General Data Protection Regulation (or any replacement law). We will use the information you give us to:
• Process your payment for the products.
• Give you information about updates or similar products that we provide.
• Passing your number / address onto a 3rd party contractor which has been agreed for the installation process.
• You can stop receiving this information at any time by contacting us.
• We will only give your personal information to other people and organisations if the law allows us to do so.

18. Complaints Procedure

18.1 We are committed to providing a high standard of service. Should you ever feel that you need to make a complaint, you can do so by phoning Head Office on 0133 0711 186, or by writing to the address given in clause 2. We aim to respond to these queries within 48 working hours and reach a conclusion within 14 working days. If, due to circumstances beyond our control, we cannot respond within this time frame, we aim to respond within 7 working days. If you are not satisfied with how we have handled your complaint, please write to the Operations Director at the The Conservatory Heating Company, Unit 8, Elmfield Business Park, Lotherton Way, Garforth, Leeds LS25 2JY.
18.2 If after the following, the procedure set out in clause 19.1 above, we still cannot settle your complaint with you, you should write to Trading Standards, giving as much information.

19. Website Terms of Use

The Conservatory Heating Company is a trading style of Trust Electric Heating Ltd, a company registered in England and Wales with company number 09019006, whose registered office is at Unit 12, Elmfield Business Park, Lotherton Way, Garforth, Leeds LS25 2JY.
By using our websites, you signify your agreement to our Privacy Policy, Cookie Policy, and these Terms & Conditions. If you do not agree to our Legal Terms, do not use our Website.
No contract or engagement is created by our Website except in accordance with our Terms and Conditions of Supply. We are not obliged to respond to any enquiries and reserves the right to require reasonable identification before following up with any enquiries. The web is an evolving medium and we therefore reserves the right, at its sole discretion, to update or revise the Legal Terms at any time. Such changes shall not apply retrospectively. Please check our Legal Terms periodically for changes. Your continued use of our Website following the posting of any such changes to our Privacy Policy, Cookie Policy, Acceptable Use and these Website Terms of Use shall constitute your tacit acceptance of those changes.

20. Accessing Our Website

20.1 Our Website is made available to you free of charge.
20.2 We do not guarantee that our Website or any content on it, will always be available or uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you, if for any reason our Website is unavailable at any time for any period of time.
20.3 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of our Legal Terms and that they comply with them.
20.4 We reserve the right, at its sole discretion, to terminate your access to all or part of our Website with or without notice for any reason.