Conditions of sale and use of the website - our terms and conditions
Welcome to homewatt.co.uk. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Homewatt Ltd (“homewatt”) make items available to you via homewatt.co.uk (“the homewatt Site”). By using the homewatt Site, you signify your agreement to be bound by these conditions.
1 Conditions relating to sale of goods by homewatt
1.1 Descriptions, prices and product information
If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy in section 1.7 below.
The price of an item does not include the delivery charge. For more information on delivery see delivery information.
We try to ensure that we always stock the full product range. If an item is out of stock it will be labelled out of stock on the homewatt Site. If for any reason we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
1.3 Bulk buy policy
To ensure availability of all our products, customers may be limited to a maximum number of items.
1.4 Payment and acceptance
If you buy an item from the homewatt Site you will be charged for an item at the time you place your order. After this time, you cannot amend your order (but please see our cancellation policy in section 1.6 below).
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch an item to you, at which point a contract will be made between us. At any point up until then we may decline to supply an item to you. If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item in accordance with our refund policy in section 1.7 below.
Where items are dispatched separately, our acceptance of the order in respect of each item takes place when that item is dispatched.
Delivery will be made to the address specified when you complete the order.
We use Royal Mail and Couriers to deliver our goods, for some orders customers can choose alternative delivery methods. For more information on delivery arrangements and prices see Delivery Information via the bottom menu.
For UK deliveries, if you choose Royal Mail First Class or Next Day as your delivery option, we aim to deliver your items next day. Whilst we make every effort to deliver all your items next day, we shall not be liable if we fail to do so in part or in full. We shall contact you to let you know if we are having any problems getting an item to you within that time. Next day delivery, especially for bulky orders, is subject to cut-off times for the receipt of orders listed in Delivery Information. Sometimes a signature is required at delivery. By placing an order you are authorising us to accept signature from another person on your behalf if you need to sign for an item and you are not present at the time of delivery. For some items that do not require a signature at delivery you may be able to give instructions explaining if and where you would like the item to be left if no one is present at the time of delivery, such as with a neighbour. Royal Mail may at their discretion, leave an item in a safe place if no one is present at the time of delivery. In these circumstances Royal Mail will put a card through your letter box explaining where it has left the item.
Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered, risk of damage to or loss of the item passes to you.
1.6 Cancellation of order
If the item(s) have not been dispatched we will cancel the order and we will refund payment in accordance with our refund policy in section 1.7 below.
If the item(s) have been dispatched to you, follow the procedure under 'Non-faulty items' in section 1.8 below once you have received the goods.
Sometimes you may not be able to part cancel an order. If this is the case, Customer Services will explain this to you.
1.7 Refund policy
If you are entitled to a refund and the goods have been dispatched, we will refund you the cost of the goods but reserve the right not to refund the delivery charge on the payment card that you used to make the purchase following receipt by us of the returned goods. It is your responsibility to return the goods to our warehouse and we strongly advise you use registered post or some other signed for delivery method when returning goods.
If you cancel an order and the items have not been dispatched we will refund the cost of goods and the delivery charge.
1.8 Returns instructions
We hope that you will be happy with your purchase but should you wish to return or exchange an item please follow the instructions below.
1.8.1 Non-faulty items
You are required to take reasonable care of items. Please return an item in its original packaging with all of its components. If an item is returned undamaged in its original packaging within 30 days of receipt, we will offer you a refund in accordance with our refund policy in section 1.7 above.
1.8.2 Faulty items
If you have any problems with your purchase we can offer help and assistance. Please call Customer Services on 01296 821 150.
homewatt will not be liable if a fault is caused by accident, misuse or negligence. If you would like further information about your legal rights please contact your local Trading Standards Department or Citizens Advice Bureau.
You can pay by Mastercard, Visa, Visa Debit, Solo and Visa Electron cards.
Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order we may contact you by email (or by telephone if you have not given us an email address).
1.10 Our responsibility to you
If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
This paragraph 1.10 shall not limit or affect our liability resulting from any products sold being found to be unsafe or if something we do negligently causes death or personal injury.
Our liability to you in connection with any order will not exceed the total price charged for the items.
You may not transfer any of your rights under these Terms & Conditions to any other person. We may transfer our rights under these Terms & Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms & Conditions.
We shall not be responsible for any breach of these Terms & Conditions caused by circumstances beyond our reasonable control.
When ordering from the homewatt Site we accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.
These Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
1.12 Customer services
The homewatt Site is owned and operated by Homewatt Limited, a company registered in England whose registered office is at: Chandos House, School Lane, Buckingham, Bucks MK18 1HD
Company Registration No. 6591012
VAT No. GB 931 7942 08
Last Updated: 01/10/2008
† Calls charged at national/local rate from BT landlines. Other providers may vary.
2 Conditions relating to your use of homewatt.co.uk
homewatt.co.uk reserves the right to refuse access to the homewatt Site, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2.1 Licence for homewatt Site access
homewatt.co.uk grants you a limited licence to access and make personal use of the homewatt Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of homewatt.co.uk. This licence does not include any resale or commercial use of the homewatt Site or its contents; any collection and use of any product listings, descriptions, prices or calculators, any derivative use of the homewatt Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The homewatt Site or any portion of the homewatt Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of homewatt.co.uk without express written consent. You may not use any meta tags or any other "hidden text" utilising homewatt.co.uk's name or trademark without the express written consent of homewatt.co.uk. Any unauthorised use terminates the permission or license granted by homewatt.co.uk.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of homewatt.co.uk as long as the link does not portray homewatt.co.uk or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any homewatt.co.uk logo or other proprietary graphic or trademark as part of the link without our express written consent.
2.2 Your conduct
You must not use the homewatt Site in any way that causes, or is likely to cause, the homewatt Site or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not homewatt.co.uk, are responsible for all electronic communications and content sent from your computer to us and you must use the homewatt Site for lawful purposes only.
You must not use the homewatt Site for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.
homewatt.co.uk's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of homewatt. homewatt's trademarks and trade dress may not be used in connection with any product or service that is not homewatt's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits homewatt.
You warrant that:
• The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the homewatt Site, or the use by any other person accessing the homewatt Site using your shopping account and/or your Personal Information.
2.6 Our rights
We reserve the right to change the Conditions from time to time, and your continued use of the homewatt Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the homewatt Site.
2.7 Third party links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will treat all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on the homewatt Site, we will ask you to input and will collect personal information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our homewatt Site that were viewed during your visit, and any search terms that you entered on our homewatt Site ("User Information"). We may collect this information even if you do not register with us.
You should be aware that the homewatt Site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We use your information only for the following purposes:
• processing your orders;
• for statistical or survey purposes to improve the homewatt Site and its services to you;
• to serve homewatt Site content and advertisements to you;
• to administer the homewatt Site;
• if you consent, to notify you of products or offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we will do so.