Terms & Conditions
These Terms will apply to the use of this Website and any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before you use this Website. Your Contract will not under any circumstances be with any other party, including any party whose website may have directed you to our Website. By accessing this Website and/or placing an order, you agree to be bound by these Terms. Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. If you do not accept these Terms, do not use this Website. These Terms, and any Contract between us, are only in the English language.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
These Terms may be amended from time to time as set out in clause 6 below. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products. These Terms were most recently updated on 23rd January 2019.
1. Information about us
1.1 We are Heights (UK) Ltd, trading as RadiWarm, a company registered in England and Wales. Our registered office is: Wainstalls Mill, Wainstalls, Halifax, West Yorkshire, HX2 7TJ. Our company registration number is 1821925. Our VAT registration number is GB 399 2965 76.
1.2 Contacting us
- If you wish to contact us for any reason, our contact details are as follows:
- Trading address: RadiWarm
- Telephone number: 01422 231943
- Email Address: firstname.lastname@example.org
- Trading address: RadiWarm
- To cancel a Contract in accordance with your legal right to do so please see the information in clause 7 below in relation to the options available to you.
How we may contact you
- If we need to contact you, or give you notice in writing, we will do so by telephone, email or by pre-paid post to the address you provide to us in your order. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send the email or post the letter to us.
Communications between us
- Any references to “writing” or “written” in these Terms includes email.
2. Use of our Website
2.2 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
3.1 To register with the Website you must be over 18 years of age.
3.2 Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
3.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
3.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.
4. How we use your personal data
5. Ordering from us
5.1 When making an order through our Website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.
5.2 You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our webpages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 5.3 below.
5.3 Our acceptance of an order takes place when we send you an order acknowledgment. The Contract between us will only be formed when we send you the order acknowledgment, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with an order acknowledgment. If we do not send you an order acknowledgment, our acceptance of an order will take place when the Products are sent to you.
5.4 If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website (as referred to in clause 11.4), we will inform you of this by telephone/email as soon as is reasonably practicable and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible, unless clause 5.5 is applicable. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all.
5.5 If a Product that you have ordered is not available either at the point of ordering or in relation to orders placed and not yet delivered, we will contact you as soon as is reasonably possible to discuss sending you an alternative Product of a similar specification and quality. A suitable substitute Product will be selected based on several factors, including (but not limited to): style; price; material and availability – with a view to matching the original product as closely as possible. We reserve the right to substitute goods of a similar specification and quality. We will contact you directly to discuss suitability of any substitute Product before despatching to you and, if you wish, you may cancel your order. You may cancel either in respect of all the Products affected by these changes or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
5.6 We may refuse to accept an order:
- where Products are not available;
- where we cannot obtain authorisation for your payment;
- if there has been a pricing or product description error;
- if we cannot meet your requested delivery date; or
- if you do not meet any eligibility criteria set out in these Terms.
6. Our right to make changes to these Terms
6.1 We may amend these Terms at any time by updating this webpage. Please look at the top of this webpage to see when these Terms were last updated.
6.2 Every time you place an order with us, the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.
6.3 If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
7. Cooling off period and right of return/refund
Cooling off period
7.1 You have the right to cancel a Contract during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 Your right to cancel a Contract starts from the date the Contract between us is formed (see clause 5.3). You will have a limited period of time to cancel your Contract depending on what you have ordered and how it is delivered. Please see the table below for further information:
End of the cooling off period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
7.3 If you would like to cancel a Contract, you must let us know you have decided to cancel by:
- contact our Customer Services Department by telephone on 01422 231943 between the hours of 8:00am – 4:45pm on Monday to Thursday; 8:00am – 3:30pm if contacting us on Friday.
- email us at info@Radiwarm.com.
7.4 If you cancel your Contract within the cancellation periods set out in clause 7.2 above, we will:
- refund you the price you paid for the Products (excluding any applicable delivery charges). We are permitted by law to reduce your refund to reflect any reduction in the value of the goods caused by your use of the Products.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer . For the avoidance of doubt, if there is more than one Product in your order and you only cancel part of that order we will not refund the delivery charge. We will only refund the delivery charge if you cancel your order as a whole and no Products are delivered to you at all or if you return all Products to us in accordance with clauses 7.10–7.17; and
- make any refunds due to you as soon as possible and in any event within the time periods indicated below:
- if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us see clauses 7.10-7.17 below; or
- if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.5 If a Product has already been delivered to you before you decide to cancel your Contract (which must be done in accordance with clauses 7.1–7.4 above), then you must return it to us or make it available for collection by us (in which case you will be charged the cost of recovering the Product) without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If you do not return the Products or make them available for collection within 30 days of cancellation, you will be deemed to have accepted the Products, and will be charged for your order at the price set out on the Website when you initially ordered the Products.
Our right to cancel
7.6 We reserve the right to cancel any order at any time for the reasons set out in clause 5.6. If we do so we will issue you a full refund.
Returns and exchange
7.7 Please inspect all Products and notify us using one of the methods in clause 7.3 immediately if
- the Products delivered to you are not as described;
- the quantity of Products delivered to you is different to the quantity ordered; and/or
- the Products are damaged when delivered to you.
7.8 Except if the Product is faulty or not as described, all Products must be returned to us in their original packaging. If they are not returned in their original packaging, we may reduce the amount refunded to you to reflect this.
7.9 Unless the Product is faulty or not as described (please see clause 7.7), you will be responsible for the cost of returning the Products to us.
7.10 In the event that you are returning Products that were damaged when delivered to you, we will arrange for a carrier to collect the Products from you and return them to us. In all other circumstances you shall be responsible for returning the Products to us (as described in clause 7.8).
7.11 If collection of an item is required, we will charge you the cost of collection. The cost of collection is calculated based on the product size and weight and the collection location.
7.12 Subject to you contacting us in accordance with clauses 7.3 and 7.7 above, we will contact you by telephone/email to advise whether you have satisfied our cancellation terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return.
7.13 You can return Products to the following address along with a completed returns form obtainable from our office:
7.14 If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you have incurred in returning the Product to us. Please be aware you may be required to produce a photo of the damage and/or problem with a Product before we will refund any delivery charges.
7.15 We will refund you by the same method of payment that you used to place your order.
7.16 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.17 You are responsible for all Products returned to us (unless we have collected them from you) until the Products are delivered to the above address and we will not be responsible for the cost of the Products should they not be delivered to us. Therefore, we recommend that you return all Products using a delivery service which allows the Products to be tracked and/or a signature acknowledging receipt of the Products is to be obtained upon delivery.
8.1 We will deliver orders within a maximum of 10 days after the date shown on the order acknowledgment. Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 19 for further details of our responsibilities in such an event.
8.2 We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
8.3 If you order Products which are available for delivery on different dates, we will hold all Products until all Products in your order can be delivered together. You may however choose to have all Products delivered as and when they are available but you will be charged for each delivery.
8.4 If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.
8.5 If no one is available at the delivery address given to accept the delivery, the Products will either be stored at a depot near to your address until they can be re-delivered or you are able to collect them, or returned to RadiWarm, depending on the method of delivery. In such an event you will be contacted by either us our one of our carriers to arrange a re-delivery or to pick the Products up from a depot. Please be aware that if you fail to rearrange delivery or pick up the Products and they are returned to us you may be subject to a charge. Should you then want the Products re-delivering, you will have to pay a re-delivery charge. Our Customer Services Department will contact you to inform you of any specific redelivery charges that may be payable.
8.6 Delivery of an order shall be completed when we deliver the Products to the delivery address provided in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time and we will not be responsible for their loss or destruction.
8.7 You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 8.6.
8.8 If Products are not delivered within 30 days of the order being received as set out in clause 8.1 above (unless such delivery is delayed by an Event Outside Our Control), then you may cancel your order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery period was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery period was essential.
8.9 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 7, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your order.
8.10 If you wish to cancel your order for late delivery under clause 8.8 or clause 8.9 above, you may cancel the order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them (the cost of which we will pay). After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
8.11 Our normal working hours are Monday to Thursday 8:00am-4:45pm and 8:00am-3.30pm on Friday and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays.
9. Our liability in relation to delivery
9.1 Provided that we take the steps outlined in this clause, we will not be responsible for out of pocket expenses or other costs incurred due to failed or delayed deliveries where caused by an Event Outside Our Control (as defined below in clause 19.2).
9.2 We will tell you if there is a substantial risk of delay, and you may end the Contract and receive a refund for any Products you have paid for but not received.
10. Delivery charges
10.1 The price of a Product includes delivery charges, except for certain postal codes which are shown on our website. Prices for these deliveries are obtained from our office.
11. Price of Products
11.1 The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 11.4 for what happens in the event we discover an error in the price of any Products ordered.
11.2 All prices are quoted in pounds sterling (£) and include VAT (where applicable) at the current rates, unless stated otherwise. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
11.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out during the check-out process (before you confirm your order).
11.4 Our Website contains a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12.1 We accept payments from all major credit and debit cards, except Amex, PayPal and SAGEPay.
13.1 If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
14. Intellectual Property
14.1 The content of this Website is protected by copyright, trade marks and other intellectual property rights. For the avoidance of doubt, no licence is granted to you in these Terms to use any of our trade marks.
14.2 You may retrieve and display the content of the Website on a computer screen, mobile device, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
14.3 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 us or our licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with clause 14.2 for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
14.4 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 prior written permission.
14.5 Any rights not expressly granted in these Terms are reserved.
15. Functionality and availability of this Website
15.1 Although we aim to offer you the best service possible on our Website, we cannot guarantee that it will be fault free or at times unavailable. We will attempt to repair/restore access to the Website as soon as is reasonably possible. However, we will not be liable if for any reason this Website is unavailable at any time or for any period.
15.2 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.
15.3 In particular, we disclaim all liabilities in connection with the following:
- incompatibility with this Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of this Website;
- unsuitability, unreliability or inaccuracy of this Website; and/or
- inadequacy of this Website to meet your requirements.
15.4 If a fault occurs whilst you are using the Website or you have any suggestions as to how we may improve it, please contact out Customer Services Department by telephoning them at 01422 231943
16. Your material and conduct
16.2 We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.
16.3 You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
- for which you have not obtained all necessary licences and/or approvals;
- 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
- 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).
16.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
17. Links to and from third party websites
17.1 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.
18.1 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. The material on this Website may be out of date, and we make no commitment to update such material.
18.2 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 these Terms might have effect in relation to this Website.
19. Events Outside Our Control
19.1 We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 19.2).
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (other than you or your affiliates), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days (this is in addition to your right to cancel described in clause 7). To cancel please contact us in accordance with clause 7 above. If you decide to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
19.5 This also applies to Products sent direct from our manufacturers.
20. Our responsibility to you
20.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
20.2 By entering into this Contract, you acknowledge that we have no responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 Nothing in these Terms shall exclude or limit our responsibility for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
20.4 You agree to be responsible for all claims, damage, losses and costs (including reasonable legal fees) arising out of any breach of these Terms by you, or our use of this Website, or the use by any other person using your registration details. This means that you will reimburse us, our officers, directors, employees and agents for claims, damage, loses and costs caused in this way.
20.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our Website. The importation and exportation of certain Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of any Products that you purchase from us.
21.1 We suggest that you do not schedule the installation of any Product until you have received and checked your Product. We recommend that all installations are carried out by a professional with full regard to expert electrical practices.
21.2 RadiWarm carry full insurance for installation by our own employees as long as the pre-installation checklist is complete.
22. Governing law and jurisdiction
22.1 These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. If you want to bring a claim against us in the courts, the courts of England and Wales will be able to deal with any questions relating to these Terms but if you live in another country, you can bring a claim in the courts which are local to you.
22.2 We do not warrant that Products on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
23.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
23.2 If you breach these Terms and we do not take any action initially, this will not constitute a waiver of any of our rights and remedies. We will still be entitled to use all of our rights and remedies at a later date or in any other situation where you breach these Terms.
23.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.4 Only the parties to these Terms may seek to enforce them. Nothing in these Terms is intended as granting any persons who are not parties to these Terms any rights under the Contracts (Rights of Third Parties) Act 1999.
23.5 We reserve the right to edit/remove non-Product related reviews. This ensures that all reviews are Product focused. If you wish to leave feedback on the service you received, please email us at email@example.com
23.6 If you make a complaint, we will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible. You may also submit your complaint to the EU Online Dispute Resolution (ODR) platform via their website at http://ec.europa.eu/odr.