Consumer Terms and Conditions
These Terms and Conditions refer principally to online sales which Ohms and Watts Services from time to time may provide. If you purchase an item via this service, please read them carefully before placing an order, and retain a copy for future reference. The Terms and Conditions also apply, where relevant, to any users browsing this site.
In these terms and conditions:
a. ‘O&WS’ refers to OHMS & WATTS SERVICES LIMITED, Company No. 06830548, registered in England and Wales, with registered address at 1-3 FOLLY LANE, SAINT ALBANS, HERTFORDSHIRE AL3 5JU;
b. ‘The Purchaser’ refers to The Purchaser of any Items from O&WS;
c. ‘Items’ means any goods or services The Purchaser orders from O&WS, and may refer to a single item or single service, which may form part of the whole of an order from O&WS;
d. ‘Contract’ refers to the legal contract made between The Purchaser and O&WS for the sale of Items by O&WS to The Purchaser;
e. ‘Order’ means an order placed by The Purchaser with O&WS for the purchase of Items by taking the action specified in the The Website checkout interface to confirm an order;
f. ‘Checkout Interface’ means the user input interface on O&WS’s online store e-commerce website which provides for the detailing and confirmation of an order, where details of the Item are displayed and whereby a website user may place an Order;
g. ‘The Website’ means the O&WS online store e-commerce website, located at www.ohmsandwattsservices.co.uk and/or a subdomain thereof;
h. ‘Consumer’ : this term is used to signify an individual person who, acting outside his/her trade, business or profession means any natural person who uses The Website to place an Order, and excludes those who have a business-to-business relationship with O&WS;
i. ‘T&C ’ refers to the terms and conditions as set out in this document.
2. Business-to-business relationship
If The Purchaser making an Order for Items does not fit the definition of Consumer then:
* the T&C do not apply; and
* O&WS’s business terms and conditions shall apply to The Purchaser’s Order and any resulting Contract between The Purchaser and O&WS.
3. Terms of the Contract
If The Purchaser places an Order for Items as Consumer, the T&C shall apply to The Purchaser’s Order and to the Contract between The Purchaser and O&WS.
The T&C may be changed at any time and without notice. The T&C that apply to the Order and any Contract arising therefrom will be those that prevail at the time of said Order or Contract as determined by the time when the T&C are updated on The Website. The updated T&C will not apply to any Order or Contract made by The Purchaser before the new T&C are published on The Website. The T&C will override any terms, conditions or other information published elsewhere on the website that in any way contradict the T&C.
4. Time of Contract
A Contract will be said to exist between The Purchaser and O&WS once O&WS confirm to The Purchaser that The Purchaser’s Order has been accepted and the Items have been delivered. O&WS is not obliged to accept The Purchaser’s Order.
5. Description and price of the Items
The price of the Items will be displayed on the The Website’s Checkout Interface during the process leading to the confirmation of The Purchaser’s Order. O&WS will charge The Purchaser the total amount displayed for the Items, together with any delivery and/or other ancillary charges as indicated on The Website at the Checkout Interface.
Whilst O&WS makes every effort to ensure that prices displayed on The Website are up-to-date and correct, O&WS cannot guarantee that said prices will always be accurate. Should an error occur in pricing Items that The Purchaser has ordered, O&WS will let The Purchaser know as soon as possible and give The Purchaser the option of reconfirming The Purchaser’s Order at the correct price or cancelling it. In the event that The Purchaser cancels The Purchaser’s Order and The Purchaser has already paid for the Items, then The Purchaser will be refunded in full.
O&WS will deliver the Items that The Purchaser Order to the delivery address The Purchaser gives when placing The Purchaser’s Order.
Once O&WS accepts The Purchaser’s Order, O&WS will endeavour to deliver the Items within the delivery period that applies to the delivery option chosen by The Purchaser. If O&WS or its agents fail to arrive at the specified delivery address within the applicable delivery period, and providing that The Purchaser has given full and correct delivery details to O&WS, then The Purchaser may apply for a refund of the delivery charge. However, if there is no one available to accept the delivery when the O&WS vehicle or third-party courier arrives at the delivery address, O&WS reserve the right to cancel The Purchaser’s Order. In this event, O&WS will refund the price of the Items, but O&WS shall be entitled to keep the amount The Purchaser paid for delivery.
In the event of some of the Items ordered by The Purchaser not being available O&WS may deliver those of the Items that are available at the time of the Order and deliver the rest of the Order as soon as practicable after that time.
7. Distance Selling Regulations
The Purchaser may cancel the Contract under the Distance Selling Regulations by notifying O&WS, no later than seven working days after O&WS delivers the Items, that The Purchaser is cancelling the Contract. The Purchaser should do this by contacting an O&WS sales advisor on the O&WS telephone number published on The Website. The Purchaser may contact O&WS by other means, providing the chosen means of communication guarantees that O&WS are notified within the seven-day period.
Where The Purchaser cancels a Contract under the Distance Selling Regulations, The Purchaser must return the Items to O&WS at The Purchaser’s own expense, and The Purchaser must take reasonable care of the Items at all times, from receipt to return to O&WS. Should The Purchaser fail to return the Items, O&WS will be entitled to charge The Purchaser all the direct costs associated with recovering the Items from The Purchaser.
The Purchaser may not cancel The Purchaser’s Contract with O&WS under the Distance Selling Regulations where packaging has been unsealed by The Purchaser, or, in cases where the Items are not packaged, if they have been changed in any material way.
8. Faulty Items
Faulty Items are any of the Items supplied by O&WS to The Purchaser that do not conform to the Contract. Faulty Items do not include any of the Items which have suffered damage due to fair wear and tear, wilful damage, accident, negligence by The Purchaser or any third party, use not in accordance with the intended use, failure to follow the manufacturer's or O&WS’s instructions, or any alteration or repair carried out without prior approval of O&WS or the manufacturer. Where changes to the Items have been made in accordance with a manufacturer’s advice, then the Purchaser should refer directly to the manufacturer in the event that the Items prove to be considered faulty.
The Purchaser should notify O&WS as soon as possible, by contacting a sales representative using the O&WS telephone number provided on The Website, in the event that The Purchaser discovers that any of the Items are considered to be faulty. Should O&WS consider that any of the Items returned to O&WS as faulty by The Purchaser are not in fact, then O&WS reserves the right to charge The Purchaser all transport and actual costs and expenses which result from The Purchaser’s returning the Items.
9. Returning Items – General
When The Purchaser return Items to O&WS for any reason (for example because The Purchaser has cancelled the Contract under the Distance Selling Regulations or because The Purchaser thinks they are faulty Items):
- The Purchaser must ensure that they are adequately and securely packaged and labelled with O&WS’s address;
- The Purchaser will be responsible for any damage to the Items resulting from transit to O&WS except in those circumstances where O&WS’s own transport is used.
10. Limitation of liability
O&WS shall not be liable to The Purchaser for any loss or damage:
- where there is no breach of a legal duty owed to The Purchaser by O&WS or by O&WS’s employees or agents;
- where such loss or damage is not reasonably foreseeable to O&WS when O&WS accepted The Purchaser’s Order; or
- to the extent that any increase in loss or damage results from breach on the part of The Purchaser of any term of the Contract.
O&WS' maximum liability to The Purchaser under the Contract shall be twice the value of the Items that The Purchaser ordered.
Nothing in these T&C excludes or limits O&WS’s liability for death or personal injury caused by O&WS’s negligence or fraudulent misrepresentation or for any other liability that O&WS are not permitted by law to exclude or limit.
These T&C do not affect The Purchaser’s statutory rights.
Images of Items on The Website are for illustrative purposes only and may differ from the actual Items supplied.
12. Technical Information
Any technical advice displayed on this website is offered in good faith, but is a guide only, and should not be taken as definitive. The manufacturer or relevant standards body should always be consulted for the purposes of obtaining reliable information regarding the Items, or any statements referring to compatibility, performance, function and other characteristics of any Item, or with reference to any advice given in general. Any technical advice should be verified with the relevant authoritative body.
13. Force majeure
O&WS shall not be liable for any failure to perform, or delay in performing, any of O&WS’s obligations under the Contract if and to the extent that the failure or delay is caused by circumstances beyond O&WS’s control.
These T&C and the Contract are subject to English law.