WESTBROOK COOKERS

TERMS AND CONDITIONS OF SALE

 

1 – OUR TERMS

These are the terms of sales and conditions on which we supply services to you.
Why you should read them
Please read these terms carefully before you place an order with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

2 – Information about us and how to contact us

We are “Westbrook Cookers Partnership”. Our company is registered with HMRC with UTR Number 2267895112. Our EORI Number for exportation is GB364129596000 and our VAT Registration number is 364129596. Our registered office is 10 Church Street, Knighton, Powys, LD7 1AG
How to contact us.
You can contact us by emailing us at westbrookcookers@gmail.com or phoning us on (+44) 07791-312154 or 01547-519274. You can also write to us at Westbrook Cookers 10 Church Street, Knighton, Powys, LD7 1AG
How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
“Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.

 

3 – Our contract with you

How we will accept your order.
Our acceptance of your order will take place when you pay a deposit amount shown on your invoice, at which point a contract will come into existence between you and us.
If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the services. We may offer to recommend more suitable options or similar businesses. This might be because of unexpected limits on our resources which we could not reasonably plan for, because of the location of the install site, or because we have identified an error in the price or description of the services.
Your order number.
We will assign an invoice number to your order and tell you what it is when we accept your order. It will help us if you can tell us the invoice/order number whenever you contact us about your order.

 

 

4 – Your rights to make changes

If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

5 – Our rights to make changes

Minor changes to the services. We may change the services:
    1. to reflect changes in order specifications or any improvements of the standard of the service we provide.
    2. to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
More significant changes to the services and these terms.
In addition, we may make more significant changes to the services and these terms, but if we do so we will notify you before we carry out such changes.

 

 

6 – Providing the services

  1. What services will we provide. We shall provide full or part reconditioned Aga Range Cookers products and accessories and fuel conversions. We shall provide these services and products in accordance with the description or specification provided by you to us in all material respects.
  2. How will we provide the services. In order to allow us to carry out the services, you will need to provide us with a full installation address and (unless otherwise agreed) a non-refundable deposit for your order. When we have received your deposit, the refurbishing and/or parts ordering process will begin. Once completed, we will install the Aga/conversion into the prepared install site on the date agreed. Any parts or rubbish not used in the installation process will be removed from site at the end of the installation. If you wish to retain any old parts (except those agreed in the contact as being taken by us in part exchange) you must advise the fitters on the day. Carriage and packing costs will be charged if return of those parts is requested after the fitters leave site.
  3. When we will provide the services. We will supply the services to you from the date we accept your order. The estimated completion date for the refurbishment services is as told to you during the order process although please note that any dates are subject to change and we always advise a 6-8 week lead time to reduce any possibility of delay.
  4. We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract. Please note that as the refurbishment process and parts ordering starts at the point of order, all deposits are (unless otherwise agreed) non-refundable. We are not liable for goods that cannot be delivered to the consumer site due to safety issues.
  5. What will happen if you do not provide required information to us. We may need certain information from you so that we can provide the services to you, for example, we may need to ask you for contact details, full postal address of the install site, required fuel of the Aga and any other specifications you require. If we do not gather such information before your order/invoice, we will contact you to ask for this information. If you do not provide this information or provide us with incomplete or incorrect information within a reasonable time of us asking for it, we may end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

Reasons we may suspend the services. We may have to suspend the services to:
    1. deal with technical problems or make minor technical changes;
    2. make changes to the services as requested by you or notified by us to you.

 

We may also suspend the services if you do not pay.
If you do not pay us for the services when you are supposed to (see clause 10.4) and you still do not make payment on the day of the installation, we may suspend supply of future services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 10.5). As the products are still property of Westbrook Cookers until the full balance has been settled, we may initiate legal proceedings or repossession if the balance remains outstanding.

7 – Your rights to end the contract

 

  1. You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances, we may charge you certain sums for doing so, as described below.
  2. What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately. The relevant reasons are:
  3. we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
  4. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
  5. there is a risk the services may be significantly delayed because of events outside our control;
  6. we suspend the services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
  7. you have a legal right to end the contract because of something we have done wrong.
What happens if you end the contract without a good reason.
If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we may charge you for services we have already provided as well as reasonable compensation for the net costs we will incur as a result of your ending the contract. If you end the contract without good reason and we have completed the refurbishment and or conversion process, you will be liable for the full amount set out in the original order and agreed with you at the outset.

8 – Our rights to end the contract

 

We may end the contract if you break it. We may end the contract at any time by writing to you if:
    1. you do not make any payment to us when it is due 7 days prior to or (if previously agreed) on installation day.
    2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 and we have completed the refurbishing services on your product, you will be liable to forfeit your deposit and be liable to pay us for the full price as set out in the original order and agreed with you at the outset.

 

9 – If there is a problem with the services

How to tell us about problems.
If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our team at 07791-312154 or 01547-519274 or by writing to us at 10 Church Street, Knighton, Powys, LD7 1AG.

 

Summary of your key legal rights

These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
  • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
  • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
Instances where we are not responsible for defective services. We shall not be responsible for any defective services if:
    1. the defect arises as a result of your failure to follow our oral or written instructions as to the installation, storage, commissioning, use or maintenance of the product following us finishing the product:
    2. the defect arises as a result of us following any drawing, design or specification supplied by you;
    3. you alter or repair the product without our consent;
    4. the defect is (or is caused by) a defect which existed within the product prior to us carrying out the services:
    5. the defect was brought to your attention prior to us carrying out the services;
    6. the defect arises as a result of fair, wear and tear, willful damage by you, your negligence or abnormal working conditions.
    7. the defect is due to the work supplied to us from a third party (our enamel company or other supplies). The enamel is inspected at a 1m distance by the enamel company. If any defects are not noted, it will pass inspected and be deemed acceptable quality and worthy of install. If the enamel is not to a preferred finish, we can request a re-enamel at the customer’s expense (plus removal and logistical costs).

10 – Price and Payment

 

  1. Where to find the price for the services. The price of the services will be the price as notified to you when you place your order with us. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you order.
  2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
  3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.

 

When you must pay and how you must pay. You must either:
  1. make full payment in cleared funds for the price of the services 7 days prior to the installation or conversion of your cooker.
  2. If you would rather pay your balance on the day of install, (we will by prior agreement at the time of order) accept balance payments with cash or bank transfer. Ownership of the product will only pass to the customer on receipt of the full balance due (and any interest if applicable).
  3. If you delay the installation date of your cooker or conversion for any reason, we will store the cooker for you for 1 month free of charge but your balance payment will be required on the previously agreed date. After one month, storage will be charged at the rate of £10 per week plus vat.

 

We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you have opted to pay us prior to collection and we have issued you with an invoice for our services, if you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11 – How we may use your personal information

 

We will use the personal information you provide to us to:
    1. provide the services;
    2. process your payment for such services; and
    3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
    4. We will only give your personal information to other third parties where the law either requires or allows us to do so.

12 – Delivery and Installation Terms

  1. We are not liable for any failure to make a delivery where the Consumer premises inhibit the safe delivery of the goods ordered.
  2. Goods should be examined on receipt and any damage reported within 24 hours of delivery, regardless of the installation date. After expiration of 24 hours from the date of delivery, the customer shall be deemed to have accepted the goods in acceptable condition.
  3. You are required to ensure a prepared site is ready for the agreed installation date. This includes a site capable of bearing the weight of the final cooker and plinth. The supply of a suitable plinth if required and if not purchased from us. Adequate spacing for the cooker to be installed and safe access and operation of the site. Electric supply to be in place as we request. We are not liable for any failed installations due to inadequate or incomplete site preparation.
  4. It is the responsibility of the customer to ensure compliance in installation or otherwise with all building by-laws and current regulations.

13 – Other important terms

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. If you live in England you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in the Scottish courts.