Terms And Conditions
TERMS AND
CONDITIONS OF SALE
PLEASE READ THESE TERMS OF SALE
CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR
ORDER FOR FUTURE REFERENCE.
1 Formation
of the contract
1.1
These terms of sale apply to all goods supplied by us, Glen Dimplex
Home Appliances Limited ("GDHA", “we”, “us”). Registered
office Stoney
Lane
, Prescot,
Merseyside
,
L35 2XW
.
Registered Number 2692306 (England
and Wales
), VAT No. 287 131 550.
1.2
No contract exists between you and us for the sale of any goods until we have
received your order and a confirmation of that order, which may be printed by
you, has been displayed on your computer monitor screen. Once you have received
this confirmation, there is a binding legal contract between us.
1.3
The contract is subject to your right of cancellation (see below).
1.4
We may change these terms and conditions of sale without notice to you in
relation to future sales.
2 Description
and price of the goods and/or services
2.1
The description and price of the goods and/or services you order will be as
shown on our website at the time you place your order.
2.2
The goods and/or services are subject to availability. If on receipt of your
order the goods you have ordered are not available in stock, we will inform you
by email or by telephone as soon as possible, and offer you an alternative
product or refund or recredit you for any sum that
has been paid by you or debited from your credit card for the goods and/or
services.
2.3
Every effort is made to ensure that prices shown on our website are accurate at
the time you place your order. If an error is found, we will inform you as soon
as possible and offer you the option of reconfirming your order at the correct
price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been paid by you or
debited from your credit card for the goods and/or services.
2.4
In addition to the price, you may be required to pay a delivery charge for the
goods, as shown to you prior to order confirmation and acceptance.
2.5
The price of the goods and/or services and delivery charges are exclusive of
VAT, which is shown separately at order confirmation prior to order acceptance.
3
Payment
Payment for the goods and/or services and delivery charges can be made
by any method shown on our website at the time you place your order.
4 Delivery
4.1
The goods and/or services you order will be delivered and/or performed at the
address you give when you place your order. Deliveries are not made and
services will not be performed outside the United Kingdom
and Northern
Ireland
.
4.2
If there is no one at the address given who is competent to accept delivery of
the goods and/or performance of the services, you will be notified of an
alternative delivery date or, if appropriate, a place to collect the goods. For
goods or services which require delivery acceptance, which is not available, a
£30 fee may be chargeable to re-book a failed delivery.
4.3
If delivery and/or performance of the services cannot be made at your address,
we will inform you as soon as possible, and refund or re-credit you for any sum
that has been paid by you or debited from your credit card for delivery and/or
performance.
4.4
Every effort will be made to deliver the goods and/or perform the services as
soon as possible after your order has been accepted, and in any event within 30
days of your order. However, we will not be liable for any loss or damage
suffered by you through any reasonable or unavoidable delay in delivery and/or
performance. In this case, we will inform you as soon as possible.
4.5
You will become the owner of the goods you ordered and responsible for risk of
loss of or damage to them once they have been delivered to you.
5 Your
right of cancellation
5.1
Where the contract is for the sale of goods, you have the right (subject to
paragraph 5.3) to cancel the contract at any time up to the end of seven
working days after the day on which you receive the goods (see below). A
working day is any day other than weekends and bank or other public holidays.
5.2
To exercise your right of cancellation, you must give written notice to us by
hand or post, telephone or email, at the address, telephone number or email
address shown below (see paragraph 5.7), giving details of the goods ordered
and (where appropriate) their delivery.
5.3
If you exercise your right of cancellation after the goods have been delivered
to you, you will be responsible for returning the goods to us at your own cost
in the original packaging and in an unused condition.
5.4
The goods must be returned to the address shown below. You must take reasonable
care to ensure the goods are not damaged in the meantime or in transit. if you do not return the goods in the manner required, we
may charge you a sum not exceeding the direct costs of recovering the goods.
5.5
Once you have notified us that you are cancelling the contract subject to paragraphs 5.1 and 5.2 above, we will refund
or recredit you within 30 days for any sum that has
been paid by you or debited from your credit card for the goods.
5.6
The cancellation of any installation services must be made via telephone to the
Customer Care team on 0871 2222506 no later than 2 days before the installation
date. A fee of £50 will be payable for any re-booking of installations
cancelled after this time.
5.7
Cancellation and general contact details for our Customer Care team
In
writing: Customer
Care Team
Glen
Dimplex Home Appliances Limited
Stoney Lane
Prescot
Merseyside
L35 2XW
United Kingdom
By
e-mail:
websales@gdha.com
By
telephone: For
appliances and splashbacks 0871 2222602
For spares and consumables 0871 2222506
Opening times Monday to Thursday 8:00am-5:00pm
Friday 8:00am-4:30pm
Saturday to Sunday closed
6 Warranty
6.1
All goods supplied by us are warranted free from defects for the period stated
on the product packaging (which in the case of most of our products is 12
months) from the date of supply. This warranty does not affect your statutory
rights as a consumer.
6.2
All services performed by us will be performed with all due skill and care.
This warranty does not affect your statutory rights as a consumer.
6.3
The warranty contained in paragraph 6.1 does not apply to any defect in the
goods arising from fair wear and tear, wilful damage, accident, negligence by
you or any third party, use otherwise than as recommended by us, failure to
follow our instructions, or any alteration or repair carried out without our
approval.
6.4
If the goods supplied to you develop a defect while under warranty, or you have
any other complaint about the goods and/or services, you should notify us in
writing at the postal address or email address shown above.
7
Data protection
Please read our Privacy
Policy below, which
explains how we use and protect the information that you provide to us.
8
Applicable law
These terms and conditions of sale and the supply of the goods and/or
services will be subject to English law, and the English courts will have
jurisdiction in respect of any dispute arising from the contract.
WEBSITE
TERMS AND CONDITIONS
IMPORTANT
LEGAL NOTICE
ATTENTION: THIS LEGAL
NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME
WWW.GDHA.ORG.UK (“WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND
YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS
WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY GLEN DIMPLEX HOME
APPLIANCES LIMITED ("GDHA", "WE", "US
"
and "OUR"). REGISTERED OFFICE STONEY LANE, PRESCOT,
MERSEYSIDE
,
L35 2XW
,
ENGLAND
.
REGISTERED NUMBER 2692306 (ENGLAND
AND WALES
), VAT NO. 287 131 550.
1.
Introduction
1.1
You will be able to access this Website free of charge without registering your
details with us.
1.2
By accessing any part of this Website, you shall be deemed to have accepted
this legal notice in full. If you do not accept this legal notice in full, you
must leave this Website immediately.
1.3
We may revise this legal notice at any time by updating this posting. You
should check this Website from time to time to review the then current legal
notice, because it is binding on you. Certain provisions of this legal notice
may be superseded by expressly designated legal notices or terms located on
particular pages at this Website.
1.4
All orders and purchases made on the Website will also be governed by the Terms
and Conditions of Sale displayed when you make your purchase.
1.5
You must be over eighteen years of age to make an order or purchase through the
Website.
THESE TERMS AND
CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2.
Licence
2.1
You are permitted to print and download extracts from this Website for your own
use on the following basis:
(a) no documents or related graphics
on this Website are modified in any way;
(b) no graphics on this Website are
used separately from accompanying text; and
(c) GDHA copyright and trade mark notices and this permission
notice appear in all copies.
2.2
Unless otherwise stated, the copyright and other intellectual property rights
in all material on this Website (including without limitation photographs and
graphical images) are owned by GDHA or its licensors. For the purposes of this
legal notice, any use of extracts from this Website other than in accordance
with paragraph 2.1 above for any purpose is prohibited. If you breach any of
the terms in this legal notice, your permission to use this Website
automatically terminates and you must immediately destroy any downloaded or
printed extracts from this Website.
2.3
Subject to paragraph 2.1, no part of this Website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service without our written permission.
2.4
Any rights not expressly granted in these terms are reserved.
3.
Service access
3.1
While GDHA endeavours to ensure that this Website is normally available 24
hours a day, we will not be liable if for any reason this Website is
unavailable at any time or for any period.
3.2
Access to this Website may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons beyond our
control.
3.3
We shall not be liable for any telephone or other costs that you may incur in
connecting to this Website.
4.
Visitor material and conduct
4.1
Other than personally identifiable information, which is covered under the Privacy
Policy any material you transmit or post to this
Website will be considered non-confidential and non-proprietary. We will have
no obligations with respect to such material. We and our designees will be free
to copy, disclose, distribute, incorporate and otherwise use such material and
all data, images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
4.2
You are prohibited from using the Website to disseminate any material:
(a) that
is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach of privacy or
which may cause annoyance or inconvenience or which is otherwise dysfunctional;
(b) for which you have not obtained all necessary licences
and/or approvals;
(c) which
constitutes or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or any other country in the
world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
4.3
You may not misuse the Website (including, without limitation, by hacking,
gaining unauthorised access to other computer systems, interfering with any
other persons use or enjoyment of the Website, interfering or disrupting networks
or Websites connected to the Website or making, transmitting or storing
electronic copies of materials protected by copyright without the permission of
the owner).
4.4
We will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone in breach
of paragraphs 4.2 or 4.3.
4.5
You will indemnify us against all losses, liabilities, costs and expenses
reasonably suffered or incurred by us, all damages awarded against us under any
judgement by a court of competent jurisdiction and all settlement sums paid by
us as a result of any settlement agreed by us arising out of or in connection
with any breach by you of paragraph 4.1 to 4.4 including without any claim by
any third party.
5.
Links to and from other websites
5.1
Links to third party websites on this Website are provided solely for your
convenience. If you use these links, you leave this Website. We have not reviewed
all of these third party websites and do not control and are not responsible
for these websites or their content or availability. We therefore do not
endorse or make any representations about them, or any material found there, or
any results that may be obtained from using them. If you decide to access any
of the third party websites linked to this Website, you do so entirely at your
own risk.
5.2
If you would like to link to this Website, you may only do so on the basis that
you link to, but do not replicate, the home page of this Website, and subject
to the following conditions:
(a) you do not remove, distort or otherwise alter the size or
appearance of any GDHA logos;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that GDHA is endorsing any
products or services other than its own;
(d) you do not misrepresent your relationship with GDHA nor
present any other false information about GDHA;
(e) you do not otherwise use any trade marks displayed on this
Website without express written permission from GDHA;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all applicable
laws and regulations.
5.3
We expressly reserve the right to revoke the right granted in paragraph 5.2 for
breach of these terms and to take any action we deem appropriate.
5.4
You shall fully indemnify us for any loss or damage suffered by GDHA or any of
its group companies for breach of paragraph 5.2.
6.
Disclaimer
6.1
While we endeavour to ensure that the information on this Website is correct,
we do not warrant the accuracy and completeness of the material on this
Website. We may make changes to the material on this Website, or to the
products and prices described in it, at any time without notice.
6.2
The material on this Website is provided “as is” without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent
permitted by law, we provide you with this Website on the basis that we exclude
all representations, warranties, conditions and other terms (including, without
limitation, the conditions implied by law of satisfactory quality, fitness for
purpose and the use of reasonable care and skill) which but for this legal
notice might have effect in relation to this Website.
7.
Liability
To the fullest extent
permitted by law you agree that we shall not be liable to you or a third party
for any indirect, special, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of money, or loss or
damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or
otherwise in connection with this Website in any way or in connection with the
use, inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites.
8.
Governing law and jurisdiction
This legal notice shall
be governed by and construed in accordance with English law. Disputes arising
in connection with this legal notice shall be subject to the exclusive
jurisdiction of the English courts.
The www.gdha.org.uk
website is owned and operated by Glen Dimplex Home
Appliances Limited ("GDHA", “we”, “us”). Registered
office Stoney Lane, Prescot,
Merseyside, L35 2XW, England. Registered Number 2692306 (England and
Wales), VAT No. 287 131 550.
Privacy
Policy
BACKGROUND:
This Policy applies as between you, the
User of this Web Site and us, Glen Dimplex Home
Appliances Limited, the owner and provider of this Web Site. This Policy
applies to all Data collected by us during the course of and in relation to
your use of the Web Site (and any Services or Systems). By using the Web Site
you are deemed to have accepted the terms of this Policy.
1. Definitions
and Interpretation
In this Policy the following terms shall have the
following meanings:
|
“Content”
|
means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Web Site;
|
|
“Cookie”
|
means
a small text file placed on your computer that resides on your computer’s
hard drive, often containing an anonymous unique identifier and accessible
only by the website that placed it there. This allows us to identify
recurring visitors and to analyse their browsing habits within the Web
Site. Where e-commerce facilities are provided, Cookies may be used to
store your shopping basket;
|
|
“Data”
|
means collectively all information that you submit to the Web Site
including but not limited to personal information, payment information and
other information submitted when using any of our Services or Systems;
|
|
“GDHA” or “Glen Dimplex Home Appliances”
|
means
Glen Dimplex
Home Appliances Limited. Registered office Stoney
Lane, Prescot, Merseyside, L35 2XW, England.
Registered Number 2692306 (England and Wales), VAT No. 287 131 550;
|
|
“Service”
|
means collectively any online facilities, tools, services or
information that GDHA makes available through the Web Site either now or in
the future;
|
|
“System”
|
means
any online communications infrastructure that GDHA makes available through
the Web Site either now or in the future. This includes, but is not
limited to, web-based email, message boards, live chat facilities and email
links;
|
|
“User” / “Users”
|
means any third party that accesses the Web Site and is not employed
by GDHA and acting in the course of their employment; and
|
|
“Web Site”
|
means
the website that you are currently using (www.gdha.org.uk) and any sub-domains of
this site, unless expressly excluded by their own terms and conditions.
|
2. Data
Collected
Without limitation, any of the following Data may be
collected:
2.1
name;
2.2
email address;
2.3
contact information such as postal addresses and telephone numbers;
2.4
demographic information such as post code, preferences and interests;
2.5
financial information such as credit / debit card numbers;
2.6
IP address (automatically collected);
2.7
web browser type and version (automatically collected);
2.8
operating system (automatically collected);
2.9
a list of URLS starting with a referring site, your activity on this Web Site,
and the site you exit to (automatically collected); and
2.10 Cookie
information (see clause 12 below).
3. Our
Use of Data
3.1
All personal Data you submit will be retained by GDHA for as long as you use
the Services and Systems provided on the Web Site or any other communication
systems that we may provide. Such Data may be stored for a period longer than
12 months.
3.2
All personal Data is stored securely in accordance with the principles of the
Data Protection Act 1998 (the “Act”). For the purpose of the Act the data
controller is GDHA. For more details on security, see clause 11 below.
3.3
Any or all of the above Data may be required by us from time to time in order
to provide you with the best possible service and experience when using our Web
Site. Specifically, Data may be used by us for the following reasons:
(a) internal record keeping;
(b) improvement of our products / services;
(c) subject to
paragraph 4 of this Privacy Policy, transmission by email of promotional
materials relating to products / services that may be of interest to you;
(d) contact for market research purposes which may be done using
telephone, fax or mail. You may opt out of being contacted in this way at any
time by contacting the Customer Care team (details above). Such information may
be used to customise or update the Web Site.
4. Emails
4.1
If you are an existing customer, we will only contact you by email with
information about products and services similar to those which were the subject
of a previous sale to you. You may opt out of receiving this information
at any time by following the instructions on the email.
4.2
We will not otherwise email you unless (a) you have specifically given your
consent in response to “opt-in” boxes etc or (b) in response to your emails to
us. We will not pass on your email address to any third parties unless
you have specifically consented to this.
5. Disclosure
of Data
5.1
The information you provide to us will be held on our computers in the United
Kingdom and accessed by or given to our staff working within the United
Kingdom.
5.2
We may share aggregate information with our group companies and other parties
within the United Kingdom. This is statistical data about Users’ browsing
actions and patterns and does not identify any individuals. In the event of
placing an order, we may sell, transfer or share personal information about you
as an individual User of the Web Site outside our group of companies, unless
you indicate that you do not wish such via the opt out
option presented to you at order checkout.
5.3
Where you have explicitly consented by way of “opt-in” when providing us with
your personal details, we may also allow carefully selected third parties,
including other companies in our group, to contact you occasionally about other
products and services which may be of interest to you. They may contact
you by telephone, fax or mail. You may opt out of receiving this
information at any time.
5.4
We will co-operate with law enforcement agencies as well as related third
parties to enforce laws such as fraud and other rights. You authorise us to disclose any information about you to such
law enforcement or other government officials as we, in our sole discretion,
believe necessary in connection with the investigation of fraud or other
activity that is illegal or may expose us or you to legal liability. You
further authorise us to process your information,
including sensitive personal information, where the processing is necessary for
the purpose of legal proceedings, obtaining legal advice, establishing or
defending legal rights or for the administration of justice or the exercise of
functions of a public nature.
6. Third
Party Web Sites and Services
GDHA may, from time to time, employ the services of
other parties to deal with matters that may include, but are not limited to, payment
handling, delivery of purchased items, search engine facilities, advertising
and marketing. The providers of such services do not have access to
certain personal Data provided by Users. Any Data used by such parties is
used only to the extent required by them to perform the services that GDHA
requests. Any use for other purposes is strictly prohibited.
Furthermore, any Data that is processed by third parties must be processed
within the terms of this Policy and in accordance with the Act.
7. Changes
of Business Ownership and Control
7.1 GDHA
may, from time to time, expand or reduce its business and this may involve the
sale of certain divisions or the transfer of control of certain divisions to
other parties. Data provided by Users will, where it is relevant to any
division so transferred, be transferred along with that division and the new
owner or newly controlling party will, under the terms of this Policy, be
permitted to use the Data for the purposes for which it was supplied by you.
7.2
In the event that any Data submitted by Users will be transferred in such a
manner, you will not be contacted in advance and informed of the changes.
8. Controlling
Access to your Data
Wherever you are required to submit Data, you will be
given options to restrict our use of that Data. This may include the
following:
(a) use
of Data for direct marketing purposes; and
(b) sharing
Data with third parties.
9. Your
Right to Withhold Information
9.1
You may access certain areas of the Web Site without providing any Data at
all. However, to use some Services and Systems available on the Web Site
you may be required to submit Data.
9.2 You
may restrict your internet browser’s use of Cookies. For more information
see paragraph 12 below.
10. Accessing
your own Data
10.1
You are entitled to see the information held about you and you may ask us to
make any necessary changes to ensure that it is accurate and kept up to date.
If you wish to do this, please contact us at the address below.
10.2
You have the right to ask for a copy of your personal Data on payment of a
small fee.
11. Security
Unfortunately, the transmission of information via the
Internet is not completely secure. Although we will do our best to
protect your Data, we cannot guarantee the security of Data transmitted to the
Web Site; any transmission is at your own risk. Once we have received
your information, we will use strict procedures and security features to try to
safeguard the Data and prevent unauthorised access.
12. Cookies
12.1 GDHA
may set and access Cookies on your computer. You may delete Cookies, but doing
so you may hinder your use of the Web Site.
12.2
Additionally, you can choose to disable Cookies in your web browser. By
default, your browser will accept Cookies, but this can be altered. For
further details please consult the help menu within your browser.
Disabling Cookies may hinder your use of the Web Site.
13. Changes
to this Policy
GDHA reserves the right to change this Policy as we
may deem necessary from time to time or as may be required by law. Any
changes will be immediately posted on the Web Site and you are deemed to have
accepted the amended terms of the Policy on your first use of the Web Site
following any such alterations.
All comments, queries and requests
relating to our use of your information are welcomed and should be addressed to
Glen Dimplex Home Appliances Limited, Stoney Lane, Prescot, Merseyside, L35 2XW, England. Alternatively
by telephone (0871 2222506) or by email to
websales@gdha.com.