CONSUMER ONLINE SALES TERMS

Introduction

Please read the following important terms and conditions (“Terms”) before you buy anything from us through our website, and check that they contain everything you want and are willing to agree to.

These Terms set out:

• Your legal rights and responsibilities.
• Our legal rights and responsibilities; and
• certain key information required by law.

Please note the details below for the 14-day statutory right to cancel for Consumers.

In these Terms:

• ‘we’, ‘us’ or ‘our’ means ETESIA UK LIMITED with the following details:

Company Number: 02623409
Registered Office: C/O Holder Blackthorn Llp Studio 2, 50-54 St Pauls Square, Birmingham, B3 1QS.
Principal Trading Address: Greenway House, Sugarswell Business, Shenington, Oxon, OX15 6HW
VAT Number: GB 549841601
Website: www.etesia.co.uk from time to time operated by to us or another company in the same corporate group as us on which these Terms are published or incorporated to apply for orders.

• ‘you’ or ‘your’ means the person(s) entering into the Contract to purchase Goods from us.

If you have any questions about the Contract or any Orders you have placed with us, please contact us by:

• sending an email to sales@etesia.co.uk ; or
• calling us on +44 (0) 1295 680 120 (our telephone lines are open Monday to Thursday (8:00 am to 4:30 pm) and Friday (8:00 am to 4:00 pm) other than public holidays.

Do You need extra help?

If you would like the Terms or other aspects of the contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

Contents

When you buy goods and/or services from us, you accept the following (NB! Each point is a clickable link that takes you to the relevant part of these Terms for more information on the applicable point):

• These Terms apply to all orders, all order acknowledgements and dispatch confirmation, and all supplies of goods between us and you
• You are responsible for ensuring the accuracy of any order You submit
• Mandatory information we must give you
• Your statutory cancellation right
• Our specification rules
• Our order placing rules
• Our supply and delivery of goods rules
• Our price and payment rules
• Our liability to you
• Terminating the contract
• Other important points (like how we use your personal data)

These Terms apply to all orders, all order acknowledgement, all dispatch confirmations and all supplies of goods between us and you. You confirm that you are entering into the contract and placing orders under it as a consumer (meaning that you are NOT buying from us wholly or mainly for the purposes of your trade, business, craft or profession).

You are responsible for ensuring the accuracy of any order you submit and for providing any information we need to fulfil the contract.

Mandatory information we must give you includes the following:

• your statutory cancellation right;
• the main characteristics of the goods you are buying from us are set out in the checkout process before your order;
• our identity and contact details are as set out in these Terms above, including our trading name, registered address, and contact methods;
• our total charges for the goods (including taxes) that you are buying from us are as set out in our checkout process, except for any agreed changes expressly agreed between you and us in writing from time to time;
• all additional delivery charges (or, where such charges cannot be calculated in advance, the manner in which they will be calculated) are as set out in our checkout process.
• the arrangements for payment to us are as set out in our checkout process, including accepted payment methods;
• delivery and the time by which we undertake to deliver the goods are as set out in our checkout process;
• our complaints handling policy is as set out in here;
• we have a legal duty to supply goods and/or services that are in conformity with the contract under the Consumer Rights Act 2015; and
• details of after-sales services and commercial guarantees are set out at Terms & Conditions.

Your statutory cancellation right is as follows:

• This section applies to you if both of the following criteria apply:
• you are buying goods from us for an order as a consumer (meaning you are an individual acting wholly or mainly outside your business, craft, trade or profession); and
• such goods are not bespoke goods (meaning they are not goods being manufactured or procured by us to your specific order, design or specification and they are not goods that have been personalised for you).
• Once a contract is made for an order, and that contract was NOT signed or accepted at our premises, you have a statutory right to cancel that contract up to 14 calendar days from the day on which you receive the goods.
• The contract is made for an order on the earlier of you placing the order on our website, paying any deposit or other amount to us towards your purchase, us commencing performance of the contract or you taking delivery of any of the purchased goods.
• If you request that performance under the contract for goods begins within the statutory 14 calendar day cancellation period, your right to cancel may be limited or lost.
• By requesting that performance under the contract for goods and/or services begins within the statutory cancellation period, you acknowledge and agree that:
• your order will be fulfilled when the goods have been supplied to you on the terms of the contract for that order (if there are no fitting/installation or other services under the contract) or when goods have been supplied and fitted/installed on the terms of the contract (if there are fitting/installation services under the contract); and
• if the order is fulfilled within the 14-calendar day cancellation period, you will lose your right to cancel after the order is fulfilled.
• If you cancel the order after we have begun performing the contract but are not yet complete (where applicable) you will be required to pay for the goods supplied up to the time at which you inform us that you wish to cancel. The amount due will be calculated in proportion to the full price of the goods and the actual goods already provided. Any sums that you have already paid will be refunded subject to deductions calculated in accordance with this paragraph.
• If you wish to exercise your right to cancel under this contract for an order, you must inform us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform us of your decision to use the statutory right to cancel before the 14-calendar day cancelation period expires. Please note that the cancellation period is defined as whole calendar days. If, for example, you send us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.
• You may contact us to cancel the contract under your above stated statutory cancelation right by:
• Telephone on: +44 (0) 1295 680120;
• Email to: sales@etesia.co.uk or parts@etesia.co.uk
• Post to: Etesia UK Ltd, Greenway House, Sugarswell Business, Shenington, Oxon, OX15 6HW
• We may ask you why you have chosen to cancel and may use any answers you provide to improve our goods; however, you are under no obligation to provide any details if you do not wish to.
• Refunds under this statutory right will be issued to you no later than 14 calendar days after the date on which you inform us that you wish to cancel.
• Refunds under this statutory right will be made using the same payment method You used when ordering the goods or services unless you specifically request that we make a refund using a different method. You will not incur any costs as a result of the making of the reimbursement.
• A reimbursement will be made by the same method used to make the payment unless an alternate method of payment is agreed.
• For more information on your statutory cancellation rights as a consumer please visit the Citizens Advice Bureau website at: https://citizensadvice.org.uk or your local Trading Standards.

Our specification rules are as follows:

• Specification changes. We may change the specification of the goods as needed to meet safety, legal, or regulatory requirements.
• Promotional material. While we aim for goods or services to match the promotional material, such promotional material is for general guidance only and doesn’t form part of the contract unless specifically stated in the proposal. Printing material or digital display settings may affect how content of promotional materials or designs appear to you. Shapes and sizes shown in promotional material are for general guidance and may not reflect actual dimensions.
• Your requirements. If we make, assemble or supply goods to your own instructions, measurements, requirements, specifications, plans, drawings, illustrations, photographs, videos or designs:
• You confirm that you have the right to provide such requirements without infringing any confidentiality, intellectual property or other rights of any kind of any third-party.
• You will ensure that own instructions, measurements, requirements, specifications, plans, drawings, illustrations, photographs, videos or designs are accurate, up to date, no misleading and promptly notify us of any change.
• We aren’t responsible for loss due to following your instructions, measurements, requirements, specifications, plans, drawings, illustrations, photographs, videos or designs, and we can’t accept returns if goods match them.

Our order placing rules are as follows:

• Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order subject to these Terms.
• Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
• Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
• Accepting your order. We will confirm our acceptance of your order to you by sending you an email that confirms that the goods have been dispatched (which we call a ‘dispatch confirmation’). The contract between you and us will only be formed when we send you the dispatch confirmation.
• If we Cannot accept your order. If we are unable to supply you with the goods for any reason, we will inform you of this by email and we will not fulfil your order. If you have already paid for the goods, we will refund you the full amount including any delivery costs charged as soon as possible.

Our supply and delivery of goods rules are as follows:

• Timing. We will contact you with an estimated delivery date, in or after the dispatch confirmation. We will make reasonable efforts to deliver goods on time within given timescales (or within a reasonable timeframe if not specified) but are not responsible for delays caused by events beyond our control. Occasionally our delivery to you may be affected by an event outside our control – see below for our responsibilities when this happens.
• Delivery location. We will deliver the goods to the delivery location you give us once they’re ready.
• Delivery completion. Delivery is complete when goods are unloaded at your delivery location, and a delivery note is signed by an adult over 18.
• You not taking delivery. If we cannot deliver to your delivery location or you do not take delivery, goods will be returned to our premises or premises of our designated courier, and you must arrange re-delivery. Handling and storage fees may apply.
• Refusing delivery. If we refuse to deliver any goods without reason, you may terminate the contract, and we will promptly refund amounts paid by you for such goods.
• Responsibility for goods. The risk and responsibility for the goods will pass to you when delivered to you.

For international delivery:

• If our checkout process does NOT allow an order to be placed through our website for a country or territory outside the UK, the order is to be considered and processed through a different process and subject to its own terms and conditions.
• If our checkout process does allow an order to be placed through our website for a country or territory outside the UK, your order may be subject to import duties, tariffs and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
• In any event, you must comply with all applicable laws and regulations of the country or territory for which the goods are used outside the UK.

Our price and payment rules are as follows:

• Pricing correctness. The price of the goods will be as quoted on our website at the time you submit your order. However, it is always possible that, despite our reasonable efforts, some of the goods on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
  (a.) where the goods’ correct price is less than the price stated on our website, we will charge the lower amount when dispatching the goods to you; and
  (b.) if the goods’ correct price is higher than the price stated on our website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not fulfil 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the goods and refund you any sums you have paid.
• Price changes. Prices for our goods may change from time to time, but changes will not affect any order you have already placed.
• Value added tax. For purchases by consumers, our prices for the goods will be inclusive of any value added tax.
• Delivery charges. The price of the goods does not include delivery charges or anything within the scope of the international delivery rule above (such as import duties, tariffs, taxes or local regulatory compliance costs in or for a territory outside the UK) . Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Terms & Conditions.
• Payment mechanism. You can only pay for goods using a regulated payment platform that we specify or use during the checkout process from time to time or by debit or credit card. You must not make payment through such payment platform, from any back account or by using any debit or credit card or money that does not belong to you or which is not authorised for use by the owner of the same. The following applies for certain payment platforms we may from time to time allow payments to be made through during our checkout process:

Platform Link to the Platform’s Terms and Conditions AND Link to the Platform’s Privacy Policy/Notice

• Stripe Stripe Legal Terms & Conditions | Stripe Privacy Policy
• PayPal PayPal User Agreement | PayPal Privacy Policy
• Apple Pay Apple Pay Terms & Conditions | Apple Pay Privacy Policy
• Google Pay Google Pay Terms of Service | Google Pay Privacy Policy
• Advance payment. Payment for the goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your goods.
• Full payment. All payments to us must be made in full without any deduction or withholding for any reason. No payment will be deemed to have been received until we have received full, cleared funds. You cannot set-off any amount owed by us to you from any amount owed by you to us, without our express prior written consent. Irrespective of the method of payment, without prejudice to our other rights or remedies, we reserve the right not to dispatch the goods until we receive full payment for them.
• Currency. All payments must be in pounds sterling. You are responsible for paying for all your bank transfer fees, credit card fees and currency conversion fees charged to you by your bank or other financial institution for paying us in pound sterling.
• Set-off. We may without notice deduct any amounts from time to time owed by you to us from any amounts we from time to time owe you.
• Refunds. No refund rights apply other than your statutory rights to a refund as a consumer (if applicable in context).

Our liability to you is as follows:

• Overarching rule. We do not limit or exclude liability for: (a.) death or personal injury caused by our negligence the negligence of our employees; (b.) fraud or fraudulent misrepresentation; or (c.) any matter which it would be illegal for us to limit/exclude or attempt to limit/exclude our liability. Also, nothing in these Terms or the contract affects your statutory rights as a consumer. All other content of these Terms and the contract between you and us apply subject to condition this paragraph.
• We don’t compensate you for all losses caused by us or our goods. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
• unexpected – it was not obvious that it would happen and nothing you said to us before we accepted the applicable order from you meant we should have expected it (so, in the law, the loss was unforeseeable);
• caused by engineers or tradespersons that are hired directly by you and used for your projects or purposes;
• caused by a delay or non-compliance due to any event outside our control – it being accepted that: (a.) we must notify you promptly after which our obligations will be paused and deadlines extended as necessary, (b.) we must update you when the issue is resolved, including any new delivery details and (c.) if we continue to be delayed or prevented from fulfilling our obligation to you due to such event outside of our control for at least 30 days, we may terminate the contract and give you a full refund of the amount paid by you for the applicable goods);
• avoidable – something you could have avoided by taking reasonable action, including following our reasonable instructions for use;
• a business loss – a loss that relates to your use of any goods and/or services for the purposes of your trade, business, craft or profession; or
• a combination of aby of the above.

Terminating the contract:

• Apart from your right to terminate under your statutory consumer rights, once the contract is formed you can only cancel or terminate an order or the related contract with our express prior written consent.
• To request a non-statutory cancelation or termination, you can email us at sales@etesia.co.uk or parts@etesia.co.uk. Please include details of your order in your email to help us to identify it. If and when we accept your cancellation, it is effective from the date you send us the email.
• We can end the contract with you for any goods and claim any compensation due to us (including enforcement costs) if:
• you breach its terms in a serious way, and you do not remedy this breach within 30 days of us notifying you;
• you become insolvent under the law or become bankrupt; or
• you die.

Other important points:

• Data protection. We use your personal data in accordance with our privacy notice at https://etesia.co.uk/privacy-policy .
• Intellectual property rights.
• As between the you and us, we retain ownership of all patents, trademarks, trade secrets, know-how, copyright and all other intellectual property rights of any kind whatsoever in or concerning the following in respect of the territory of England and Wales (Relevant IPR): (a.) goods (including software in the goods); and (b.) documents relating to the goods issued by us and all other information published by us on our website or in our promotional/marketing materials concerning our Goods (Published Content).
• You are only entitled to use the software in the goods and Published Content to understand and use the goods.
• You do not have rights to reverse engineer, copy, duplicate, distribute, reproduce, or create derivative works based on any aspect(s) of the goods and/or Published Content without our express prior written consent.
• You shall take all necessary measures to prevent any unauthorised use, disclosure, or copying of any aspect(s) of the goods and/or Published Content.
• Website protection. Without affecting the meaning or application of the above, the following applies in addition to any terms and conditions on our website concerning access and use of such website:
• Using our website to place orders is temporary and subject to availability. Compliance with our Terms is required, and we may terminate your access to ordering on or through our website at any time without notice. If you create or log in to an account on our website, you must follow its terms, keep your username and password secure, and notify us immediately if you suspect unauthorised access.
• You must ensure anyone placing orders on your behalf has proper authority. By placing orders, you confirm your authorisation, agreement to these Terms, and compliance with applicable laws. We may disclose your identity to third parties if your postings violate intellectual property, privacy, or other legal rights. We reserve the right to remove materials that breach our Terms or the law.
• You must not upload, share, or transmit illegal, harmful, or infringing materials, including those that violate intellectual property or promote discrimination, violence, or malware. Unauthorised copying, modifying, or exploiting the site, its content, or related software is prohibited, as is using content from the site to develop competing products or services.
• All copyrighted materials, trademarks, and proprietary content on our website belong to us or our licensors. You may only use them to understand or use the goods (or to understand, apply or enforce the contract) and must not modify, distribute, or reproduce them without our express prior written consent. You need our express written consent to link our website in or through any of your websites, applications, communications, documents or publications.
• We may provide links to third-party sites or applications for convenience. These are not under our control or responsibility, and we do not endorse or guarantee their content, products, or services. Any interactions with such third parties are at your own risk and governed by their terms and conditions, which take precedence only when consistent with ours.
• Advice. No information given by us to you is to be considered, relied upon or used as legal, financial, valuation or commercial advice, or a recommended personal choice (you must make your own personal choices).
• No Derogatory Statements: You must not make any statements or comments about us or the goods, to any third party, on any online or offline forum/platform or in any other way, in each case that can reasonably be considered to be defamatory, derogatory or (even if true) deliberately or negligently designed or intended to harm our reputation or commercial success.
• Interpretation. “will,” “shall,” and “must” have the same meaning. Headings or sub-headings don’t affect the contract’s interpretation or application. References to including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words, description, definition, phrase or term appearing before or after such expressions. References to legislation include all respective updates and replacements, and all respective subordinate legislation. Singular words include the plural, and vice versa. Where you or we are prohibited or restricted from doing something under the contract, you or we (as the case may be) must also ensure that such thing is not done with, through or for any other person.
• Contract wording changes. Both you and us need to agree in writing to change the terms of the contract.
• Transferring our rights. We can transfer our rights under the contract with you, so that a different organisation is responsible for the goods and/or services to be supplied to you or that have been supplied to you. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
• Transferring your rights. You can only transfer your rights under the contract with us to someone else if we agree to this. We may not agree, for example, if we have a good reason that we are unlikely to be paid or may find it more difficult to enforce our rights.
• Application. If a court or other authority decides that some of these Terms are invalid, unlawful or not legally binding, the rest will continue to apply.
• Giving up rights. You or we might not immediately chase the other for not doing something (like paying) or for doing something not allowed, but that doesn’t mean it can’t be done later. Such delays or granting you extra time to comply does not mean that that the applicable rights have been given up or waived.
• No one else has rights. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to approve ending or changing it.
• Governing laws. These Terms and the contract are governed by English and Welsh laws.
• Courts. Wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in English courts or the courts of the country you live in.