Our Terms and Conditions of Supply

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you. All of the products which we will supply to you are goods (for the purposes of consumer protection legislation), including where we personalise such goods prior to delivery.

1.2 For information regarding returns please read our Returns Policy & Warranty Information document. This can be found: https://www.warm4less.com/company/return-policy/. The Returns Policy & Warranty Information document is a part of our contract with you and should be read alongside these terms.

1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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 or require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Warm4Less Ltd a company registered in England and Wales. Our company registration number is 09367543 and our registered office address is Unit 2 Loves Lane, Sutterton, Boston, Lincolnshire, England, PE20 2EU. Our registered VAT number is GB224945694.

2.2 How to contact us. You can contact us by writing to customerservices@warm4less.com.

2.3 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 provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when you receive confirmation from our payment system and receive a confirmation email with your order number, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order 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 order number whenever you contact us about your order.

3.4 Our delivery charges and related costs. Our website will display our delivery charges (if applicable) for delivery to your location prior to placing your order. For many deliveries to the UK mainland, we deliver free of charge. Please see clause 6.4 for further information in relation to potential costs associated with international deliveries.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website or other promotional materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display or a document’s reproduction of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate.

4.2 Product specifications, indications of performance and other descriptions in our catalogues, brochures and advertising materials are based on test conditions and are not warranted unless expressly stated. Please see https://www.warm4less.com/buying-guide/infrared-heaters-faqs/how-do-infrared-heaters-work/ which explains how our products and far infrared heating generally work.

4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered, 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 product, the timing of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 – Your rights to end the contract).

6. PROVIDING THE PRODUCTS

6.1 When we will provide the products. During the order process we will let you know when we will provide the products to you by reference to the delivery information on our website.

6.2 We are not responsible for delays outside our control. If our supply of the products is delayed 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 and receive a refund for any products you have paid for but not received.

6.3 Collection by you. We allow collection from Unit 2, Love Lane, Spalding Road, Sutterton, Lincolnshire, PE20 2EU, please contact us at customerservices@warm4less.com if you would like to collect any products from us.

6.4 International deliveries. We offer international delivery for our products; these may be subject to VAT and custom charges in your home country. You are responsible for all import and export customs, duties, charges and any other cost or expense related to international delivery (including in respect of returns). If your order is held back at the point of export and/or import, then it is your responsibility to obtain release accordingly at your cost and risk.

6.5 Initial Inspection. You must inspect the products as far as you are able to do so upon delivery or collection. You must check for any damage in transit, this includes checking the outer of the packaging at the point of handover and the products themselves as soon as possible after delivery. Any damage reported to us more than 48 hours after delivery or collection (as applicable) will be considered to have occurred after you took possession of the product.

6.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery, it is your responsibility to contact the delivery company to re-arrange redelivery or alternative collection.

6.7 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.

6.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or from the time you collect it from us.

6.9 When you own products. You own a product on the later of (i) our receipt of full payment for the product, and (ii) the time we deliver the product to the address you gave us or you collect it from us.

6.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, for bespoke items and custom printed infrared panels. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information if it hasn’t been collected during the order process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) 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 supplying the products late or not supplying 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.

6.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

6.11.1 deal with technical problems or make minor technical changes;

6.11.2 update the product to reflect changes in relevant laws and regulatory requirements; or

6.11.3 make changes to the product as requested by you or notified by us to you.

7. YOUR RIGHTS TO END THE CONTRACT

7.1 You may be able to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 3 of our Returns Policy & Warranty Information document;

7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

7.1.3 If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

7.2.4 the product is out of stock; and

7.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you may (if you are a consumer) have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in our Returns Policy & Warranty Information document. Please see that document for details of how to return items to us.

8. HOW TO END THE CONTRACT WITH US

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:

8.1.1 Email. Email customer services at customerservices@warm4less.com. Please provide your name, home address, order number, details of the order and, where available, your phone number and email address.

8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please do the following:

8.2.1 Email. email customer services on at customerservices@warm4less.com stating the items to be returned and reasoning;

8.2.2 Packaging. Package the item in its original packaging, or equivalent protection, and write the order number on the outside of the box before posting. Failure to do so is likely to delay processing of your return;

8.2.3 Post. Post the item tracked and signed for with one of our authorised courier companies and methods (UPS Insured, Royal Mail Fully Tracked and Insured, TNT Express UK Limited) to Unit 2, Love Lane, Spalding Road, Sutterton, Lincolnshire, PE20 2EU.

8.2.4 Send us the tracking number and proof of insurance. Provide the tracking number and proof of insurance to us via email on customerservices@warm4less.com quoting the order number in the subject line. We require that items are fully insured to the retail value of the order and insurance must be with the same courier to avoid delay.

If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

8.3 When we will pay the costs of return.

8.3.1 We will pay the costs of return:

8.3.1.1 if the products are faulty or misdescribed; or

8.3.1.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

8.3.2 In all other circumstances you must pay the costs of return.

8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price where the products have lost value as a result of you handling them in a way that would not be acceptable in a shop.

8.5 When your refund will be made. We will make any refunds due to you as soon as possible. Please allow up to 5 working days from receipt for us to inspect and safety test the item(s) before we issue a refund. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

9.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, information for bespoke items, or shipping address; or

9.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs and losses we will incur as a result of your breaking the contract (including loss of profit).

9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

10. IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to our customer service team customerservices@warm4less.com. For more information about returning items and your legal rights see Our Returns Policy & Warranty Information document.

11. PRICE AND PAYMENT

11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’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 product’s correct price at your order date is higher than the price stated to you, 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 unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.4 When you must pay and how you must pay.

11.4.1 We accept payments online, and over the phone, using most typical payment methods (and we keep our accepted methods under periodical review). Payment will be taken immediately, unless we have agreed otherwise with you in writing.

11.4.2 We also accept payment later or in instalments using Paypal Buy Now Pay Later, or Klarna. Further information on these payment methods can be found on their websites.

11.5 What to do if you think an invoice is incorrect. If you think an invoice is incorrect, please contact us promptly on customerservices@warm4less.com to let us know.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will use the personal information you provide to us:

13.1.1 to supply the products to you;

13.1.2 to process your payment for the products; and

13.1.3 as permitted by our privacy policy, which you hereby consent to.

13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

13.3 More details on how your personal data will be used are available to review on our Privacy Policy. This can be found at https://www.warm4less.com/company/privacy-policy/. The Privacy Policy is a part of our contract with you and should be read alongside these terms.

14. OTHER IMPORTANT TERMS

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree for various reasons, including if you have already accepted delivery.

14.3 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4 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.

14.5 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 and it will not 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 products, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.