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Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.hpsmerchant.co.uk  (our site) to you.

Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

PLEASE NOTE THAT WE LIMIT OUR LIABILITY AT CLAUSE 6 BELOW.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" if you accept these terms and conditions. Please understand that if you refuse to accept them, you will not be able to order any Products from our site.

1    INFORMATION ABOUT US

1.1    www.hpsmerchant.co.uk is a site operated by Heating Plumbing Supplies Limited (we). We are registered in England and Wales under company number 4171695.  Our registered office is at Unit W Rich Industrial Estate, Avis Way, Newhaven, BN9 0DU.  Our VAT number is 780 7046 23.

1.2    Our site is only intended for use by people resident in the United Kingdom.  We do not accept orders from parties outside of the UK.  Please note that any prices and delivery costs are applicable only for products purchased by parties situated in mainland Britain for delivery in mainland Britain.  If you are situated within the UK but outside of mainland Britain and/or if you wish for Products to be delivered outside of main Britain please contact us for details of relevant prices and costs.

2    HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1    After you place an order for Products, we will acknowledge and confirm acceptance of your order by sending you an email confirming that the Products have been despatched (Despatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.

2.2    We reserve the right not to supply you with Products at our discretion.

2.3    In the unlikely event that we deliver more or less of the Products to you than you ordered, you must notify us of the surplus or shortage within 48 hours of delivery unless there are exceptional reasons as to why you are unable to do so.   If there is a shortage, we will deliver the difference to you as soon as we are able.  If there is a surplus, we will arrange for collection of the excess Products at our cost at a mutually convenient time.

3    CANCELLATION RIGHTS

3.1    If you are dealing with us in the course of your business:

3.1.1    you can cancel an order for the Products at any time prior to us sending the Despatch Confirmation to you without charge to you; or

3.1.2    if you purchase Products and decide that they are no longer suitable after the Products have been despatched, you may return the Products to us within 5 days of despatch.  We will fully refund the price of the Products once we have received the Products from you, less a restocking charge of 20% of the price of the returned Products plus VAT (minimum £75 plus VAT).  You must return the Products in the same condition as they were when you received them with their packaging unopened.

3.2    If you are contracting as a consumer, you may cancel a Contract at any time up to the 7th working day after you receive the Products.  To cancel a Contract pursuant to this clause, you must inform us in writing and return the Products to us as soon as possible in the same condition as you received them.  Products returned by you within this cooling off period will be refunded in full, including the costs of delivery.  However, you will be responsible for the cost of returning the item to us.  We will fully refund the price of the Products as soon as reasonably practicable but in any event within 30 days of the day we receive your notice of cancellation.

3.3    In all cases, if a Product delivered to you is defective, you must notify us of the defect within 48 hours of the date that you discover the defect or ought to have discovered the defect.  You must return the Product to us as soon as practical thereafter.  Products returned by you because of a defect will be refunded in full (including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us) as soon as reasonably practicable but in any event no later than 30 days after the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.  Any returned defective Product must be in the same condition as it was when you received it.

3.4    When you return a Product to us pursuant to these terms and conditions, you do so at your risk.

3.5    Any money refunded to you will normally be refunded using the same method originally used by you to pay for your purchase.  

3.6    Nothing in these terms and conditions shall affect your statutory rights.

4    RISK AND TITLE

4.1    The Products will be at your risk from the time of delivery.

4.2    Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including VAT and delivery charges.

5    PRICE AND PAYMENT

5.1    The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.  

5.2    All prices of Products on our site are exclusive of VAT which will be added to the total amount as set out in the Basket section of the ordering process.

5.3    There is a minimum spend of £250 before VAT, for which Delivery will be free.

5.4    Delivery will be no more than three days from the time of cleared payment for the goods or such other date as set out in the Despatch Confirmation unless there are exceptional circumstances.  A guaranteed next day service from the time of cash clearance can be arranged for an extra £25.

5.5    If you are out when the carrier tries to deliver, a card will be left informing you of the failed delivery and a redelivery will be attempted within seven days.

5.6    Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

5.7    Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

5.8    Payment for all Products must be by credit or debit card and shall be made at the point of you placing your order for the Products.

6    OUR LIABILITY

6.1    OUR TOTAL LIABILITY TO YOU UNDER OR CONNECTED WITH THE CONTRACT FOR:

6.1.1    ACCIDENTAL LOSS OF OR DAMAGE TO MATERIAL PROPERTY SHALL NOT EXCEED £10,000 FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS;

6.1.2    ANY OTHER LOSS NOT COVERED BY CLAUSE 6.1.1 IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT (INCLUDING DELIVERY COSTS) GIVING RISE TO THE LOSS AND THE REASONABLE COST OF RETURNING THE PRODUCT TO US.

6.2    NOTWITHSTANDING CLAUSE 6.1, WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY:

6.2.1    FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;

6.2.2    UNDER SECTION 2(3) OF THE CONSUMER PROTECTION ACT 1987;

6.2.3    FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR

6.2.4    FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE, OR ATTEMPT TO EXCLUDE, OUR LIABILITY.

6.3    SUBJECT TO CLAUSE 6.2, WHETHER CAUSED BY OUR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF DUTY, WE EXCLUDE ALL LIABILITY FOR:

6.3.1    ANY DIRECT LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME; OR

6.3.2    ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWEVER ARISING, EVEN IF FORESEEABLE.

7    PRIVACY

7.1    For the purpose of the Data Protection Act 1998 (the Act), we are the data controller.

7.2    We may collect and process the information that you provide when purchasing Products from us to enable us to fulfill our orders to you.

7.3    For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service.

7.4    You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

7.5    All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to place orders for Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

7.6    Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our 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 prevent unauthorised access.

7.7    We use information held about you, or permit selected third parties to use your data,  to carry out our obligations arising from any contracts entered into between you and us and to notify you about changes to our service.

7.8    We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

7.9    If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

7.10    If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

7.11    If you do not want us to use your data in the way specified in clauses 7.8 to 7.10 inclusive, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the Products order form.

7.12    We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply of Products and other agreements.

7.13    You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at mail@hpsmerchant.co.uk.

8    GENERAL CONDITIONS

8.1    In certain cases, we may not be able to provide the Products or carry out some of our obligations under the Contract because of something outside of our reasonable control.  This could include war, acts of God, trade disputes and strikes, civil unrest, Government restraints and restrictions of imports.  If this happens, then we will not be responsible for as long as the effects of the event continue for any failure to provide the Products.  We will continue to try to provide the Products as soon as possible despite any such events.

8.2    The terms and conditions of the Contract are the entire agreement between us with regard to their subject matter and no other terms, conditions, warranties or statements (unless fraudulent) will apply.  Each of us acknowledges that in entering into the Agreement we do not do so on the basis of, and do not rely on any representation, unless made fraudulently, warranty or other provision not expressly contained in the Contract.  

8.3    We may vary these terms and conditions from time to time and will post such varied terms on our site.  

8.4    If a court decides that any part of the Contract cannot be enforced, that particular part of the Contract will not apply, but the rest of the Contract will.  

8.5    A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions.  Failure or delay in exercising any right under the Agreement shall not prevent the exercise of that or any other right.  

8.6    You may not assign or transfer any benefit, interest or obligation under the Contract.

8.7    The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.

8.8    These terms and conditions will be subject to English law and the English Courts will have the non-exclusive jurisdiction over any dispute arising from the contract.

9    DELIVERY

9.1    Haulier will make delivery under the above terms. If there is no-one available to receive the goods, a card will be left to advise the receiver to contact the haulier to arrange a suitable time to re-deliver. If no contact is made within 7 days, the goods will be returned to the shipper (Navigator in this case) The cost for the "failed delivery" delivery would be passed to HPS in this case.

9.2    Named person to recieve the goods along with telephone contact can be included in delivery instructions if advised at the point of order.

9.3    Deliveries will not be made to sites. Proof of delivery is available online once the delivery has been made and is storable for 2 months. After this no proof of delivery is available and no claims will be accepted for non delivery etc.

9.4    Goods will not be left unsigned for. Goods will not be left "Next door " etc

9.5    Each box of each delivery will be weighed and noted, Shortages must be advised with 2 working days. Agreed shortages will be sent out F.O.C. 

9.6    Damaged goods will be collected and replaced F.O.C.

9.7     "Excess"  returns can be made at the customers cost

10    SHORTAGES

10.1    Request for shortage/damage to received within 48hrs of delivery date.

10.2    Navigator to investigate shortage by repacking and weighing box and contacting customer if required. If shortage agreed - replacement product will be sent out free of charge. If shortgage not approved, HPS to be advised and decision taken. (Benefit of doubt, commercial decison etc etc)

10.3    Damaged product to be collected (Navigator arrangement) and credited if found to be of Navigators supply. If found not to be of Navigators supply, product will be returned and not credited and account will be "flagged" for future reference. Two occasions (of seeking to return for credit non Navigator product) and future orders for this account will be refused.