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SUPPLY AND INSTALLATION TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01202 985047.

 

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).

2. We are Vanquish Eco Limited a company registered in England and Wales under number 10789853 whose registered office is at 5D Mannings Heath Road, Tower Park, Dorset, BH12 4NQ with email address info@dynamicheaters.co.uk; telephone number (01202 985047) (the Supplier or us or we).

3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

 

Interpretation

4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

5. Contract means the legally-binding agreement between you and us for the supply of the Services;

6. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;

9. Services means the services, including any Goods, of the number and description set out in the Order.

10. Quotation means the formal statement outlining the cost of the Goods.

 

Services

11. The description of the Services and any Goods is as set out in our Quotation, website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.

12. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Services are subject to availability.

14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Changes to Goods or Services

15. The Customer may make changes before or during the project, however the Order will be adjusted, and additional labour and material charges may apply. All such requests shall be in writing.

16. Exclusions: This agreement excludes any additional work not mentioned in the Order. It further excludes any labour or material costs associated with the repair or remediation of hidden damages. Hidden damages may include but are not limited to, a hidden, concealed, or unforeseeable condition not discovered during the estimating process.

17. The Customer may make changes to the Good or Services outlined in the Quotation following the survey or recommendations of the Supplier. Any changes made at this point to the design of the overall system and the individual Good and/or Services become the Customers responsibility and the Supplier cannot be held liable for any equipment that does not fit or is not suitably fit for the particular application.

 

Customer responsibilities

18. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

19. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

20. Unless specified elsewhere in this document, our Quotation does not include for carpentry, decorating, paintwork or making good work usually carried out by builders, plasterers, or masons.

21. The removal and replacement of stock, furniture, carpets, fixtures, and fittings is to be carried out by others and is not included for in our Quotation. We do not include for the removal and replacement of specialist false ceilings or flooring, which is to be carried out by a specialist contractor.

22. In cases where there is a flue coming through masonry work, we will ensure that this is temporarily repaired using masonry expanding foam and it is the client’s responsibility to have this patched in/made good for long term. In cases where there is a flue that discharges through a roof, we will foam the bottom of the flue, and this will be the client’s responsibility to appoint and cover costs for a roofer to remove the flue and patch as necessary. We recommend the flue is removed as soon as possible without delays to minimise risks of a leak.

23. If a gas meter removal is required this will be the client’s responsibility to arrange and cover costs for this element of work, this can be done after our installation. The gas meter does not have to be removed and can stay in situation if preferred.

24. In instances where an oil boiler is being decommissioned the client will be responsible for appointing and covering costs for a contractor for the draining down and removal of the oil tank, we only quote to remove the oil boiler and cap off the oil lines at both ends. Tank draining and removal should be done after we have finished our installation.

25. Hot water systems that are being removed, in some cases have been built around, if cupboards and building fabric must be deconstructed to remove the system, it will be the client’s responsibility to restore, repair and make good.

26. Header tanks, unless stated in the quote, will be drained, capped, and left in position. It is the clients responsibility to arrange for removal and disposal.

27. The Quotation will detail dimensions of radiators and water heaters. It is the ultimate responsibility of the customer accepting the Order to check the dimensions are suitable to their particular application.

 

Access, Safety and Installation

28. During the installation, commissioning and warranty periods, all access equipment up to three meters is included in our price. Access equipment required to work above this height should be provided by you without charge, and work areas made safe and classified nonhazardous.

29. The presence of asbestos containing materials within the building fabric may result in a variation order. A current asbestos report to be provided prior to invasive works. If asbestos is present in areas that require invasive work the client will be required to employ a specialist at their own cost to assist the installation.

30. Installation of direct fed hot water systems will be inserting higher pressure through existing pipework. Although caution is taken during survey and estimate process, Vanquish Eco Limited cannot be held liable for any damages or failures of existing installed pipework.

31. Unless stated elsewhere, the standard installation methods will be surface mounted switches, sockets, and cabling (surface clipped, micro-trunking and white plastic accessories). In some cases existing sockets can be used for powering the heaters.

32. Where new supplies are installed, and carpets and floorboards are lifted this will be at the client discretion as this falls outside of our standard installation method and Vanquish Eco cannot be held responsible for damage and restoration.

33. Smart Link WIFI hubs are to be installed next to clients existing WIFI router, if a spare socket is not available the client will need to provide a trailing lead extension.

 

Basis of Sale

34. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.

35. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

36. A Contract will be formed for the Goods and/or Services ordered, upon acceptance of a Quotation and/or Signature of the accompanying document and/or payment of a deposit is deemed as acceptance of our terms and conditions set out in this document.

37. the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.

38. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.

39. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

40. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

 

Fees and Payment

41. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our Quotation at the date of the Order.

42. Fees and charges include VAT at the rate applicable at the time of the Order.

43. 50% payment of the full Order amount is required prior to work scheduling. Further 50% payment required on the day of work fulfilment.

44. We recommend deposits are paid via credit card to ensure insurance cover.

45. We accept cash/cheque/credit cards/debit cards/ BACS.

46. Payment Card Details to be held on file until the contract has been completed and final balance has been received.

47. Certification will be issued once full payment has been received, balance always payable on completion of works.

48. In case only part of the contract is fulfilled, Vanquish Eco reserve the right to take payment for goods and/or services

received.

 

Delivery

49. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement: Within a reasonable time agreed between us and the Customer.

50. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can contact us on 01202 985047 to seek a acceptanble remedy or follow our complaints procedure at https://www.dynamicheaters.co.uk /complaints-policy/

51. The Customer may make resonable changes to the delivery date by contacting the Supplier and agreeing in writing.

52. Where the customer requires to make a change to the delivery date within a 1 week period of receiving the Goods and /or Services, the company may charge a 10% of the Order value fee which is deemed to be a reasonable amount to cover loss of earnings.

53. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

54. You agree we may deliver the Goods and/or Services in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

55. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of loss of earnings and storing and redelivering them.

56. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

 

Risk and Title

57. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

58. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal and cancellation

59. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

60. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the Contract was entered into.

61. Where a cancellation is made after the initial 14 days cooling off period, fees may apply.

62. Full details of our cancellation policy can be found at https://www.dynamicheaters.co.uk/cancellation-policy/

 

Conformity and Guarantee

63. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

64. Upon delivery, the Goods will:

  1. be of satisfactory quality;
  2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract;
  3. and conform to their description.

65. It is not a failure to conform if the failure has its origin in your materials.

66. We will supply the Services with reasonable skill and care.

67. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

68. We will provide the following after-sales service: The seller will support the customer with any queries arising relating to the installation and/or operation of the products. Any manufacturer backed warranty provided by the Supplier will be adhered to.

69. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

70. Prior to raising a warranty callout, the Customer must make full and final payment for the Goods and/or Services.

 

Duration, termination and suspension

71. The Contract continues as long as it takes us to perform the Services.

72. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

  1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
  2. is subject to any step towards its bankruptcy or liquidation.

73. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 

Privacy

74. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

75. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found https://www.dynamicheaters.co.uk/privacy-policy/.

76. For the purposes of these Terms and Conditions:

  1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
  2. ‘GDPR’ means the UK General Data Protection Regulation.
  3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

77. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

78. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the

Data Protection Laws:

  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purposes identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.

79. For any enquiries or complaints regarding data privacy, you can e-mail: info@dynamicheaters.co.uk.

 

Successors and our sub-contractors

80. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

81. In the event of any failure by a party because of something beyond its reasonable control:

  1. the party will advise the other party as soon as reasonably practicable; and
  2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.

 

Excluding liability

82. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

83. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

84. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

85. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, customers should contact us to find a solution. For further information on complaints please find our full complaints policy at; https://www.dynamicheaters.co.uk/complaints-policy/

 

 

 

SUPPLY ONLY TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01202 985047.

 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Vanquish Eco Limited whose trading name is Dynamic Heaters a company registered in England and Wales under number 10789853 whose registered office is at 5D Mannings Heath Road, Tower Park, Dorset, BH12 4NQ with email address info@dynamicheaters.co.uk; telephone number 01202 985047; (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any Goods or accepting a quotation, you agree to be bound by these Terms and Conditions. By ordering any of the Services or Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods if you are eligible to enter into a contract and are at least 18 years old.

 

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website, Brochures or other material, that we supply to you of the number and description as set out in the Quotation and/or Order;

8. Order means the Customer’s order for the Goods from the Supplier following their acceptance of the Quotation.

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website www.dynamicheaters.co.uk on which the Goods are advertised.

11. Quotation means the formal statement outlining the cost of the Goods.

12. Design means the specification of particular Goods advised by the company.

 

Goods

13. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

14. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

15. All Goods which appear on the Website are subject to availability.

16. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Design

17. Where the Supplier is required to carry out a Design, such Design shall be carried out employing standards of reasonable skill and care expected. Such Design shall be carried out by a representative of the Supplier who the Supplier has deemed to be competent.

18. Where the Design process is carried out virtually and no physical site survey takes place, the Customer is responsible for providing the Supplier with accurate information to carry out such process. Any inaccurate information can lead to failure of the Design and the Supplier cannot be held liable for such failure.

19. All measurements for Goods resulting from the Design will be outlined in the Quotation. It is the sole responsibility of the Customer to ensure these measurements fit the available space. The Supplier cannot be held liable for any products that do not fit the available space and have been outlined in the accepted Quotation.

 

Personal information

20. We retain and use all information strictly under the Privacy Policy.

21. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

22. The description of the Goods in our Website, brochures or marketing material does not constitute a contractual offer to sell the Goods. When an Order has been submitted, we can reject it for any reason, although we will try to tell you the reason without delay.

23. The Quotation outlines the basis of the Order you should check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

24. A Contract will be formed for the sale of Goods ordered when you accept a Quotation in writing, verbally or by making a full or part payment towards a Order. You must ensure that the Quotation or invoice is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order once checked and placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Contract, Quotation or Invoice).

25. Any Quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.

26. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

27. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

 

Price and Payment

28. The price of the Goods and any additional delivery or other charges is that set out on the Quotation at the date of the Order or such other price as we may agree in writing.

29. Prices and charges include VAT at the rate applicable at the time of the Order.

30. We take payment immediately or otherwise before delivery of the Goods.

 

Delivery

31. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay.

32. We take necessary precautions to procure reliable and trustworthy third party delivery services. From time to time deliveries may be later than estimated and is considered to be an event out of our control. Where such an event takes place, we will take necessary action to provide a satisfactory remedy for all parties.

33. You can treat the Contract at an end if:

  1. we have refused to deliver the Goods
  2. we have tried all other remedies to provide a satisfactory outcome.

34. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

35. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

36. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

37. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

38. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

39. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

40. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

41. Any goods received that are visibly defect must be photographed and bought to the attention of the Supplier within 24 hours of receipt of the Goods.

 

Risk and Title

42. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

43. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal, returns and cancellation

44. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

45. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

  1. goods that are made to your specifications or are clearly personalised;
  2. goods which are liable to deteriorate or expire rapidly.

46. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

  1. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

47. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days of placing the Order without giving any reason.

48. The cancellation period will expire after 14 days from the day on which you provide acceptance of the Order. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

49. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

50. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

51. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than: 14 days after the day we receive back from you any Goods supplied, or

(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 5D Mannings Heath Road, Tower Park, Dorset, BH12 4NQ without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:

  1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
  2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

 

Conformity and Guarantee

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:

  1. be of satisfactory quality;
  2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
  3. conform to their description.
  4. Any Goods that do not conform or meet the satisfactory requirements should be bought to the attention of the Supplier within 24 hours of receipt of the Goods. Photographic evidence may be required.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

62. We will provide the following after-sales service: The seller will support the customer with any queries arising relating to the installation and/or operation of the products.

 

Successors and our sub-contractors

63. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

64. In the event of any failure by a party because of something beyond its reasonable control:

  1. the party will advise the other party as soon as reasonably practicable; and
  2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

 

Privacy

65. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

66. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.dynamicheaters.co.uk/privacy-policy/) and cookies policy (https://www.dynamicheaters.co.uk/cookies- policy/).

67. For the purposes of these Terms and Conditions:

  1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
  2. ‘GDPR’ means the UK General Data Protection Regulation.
  3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

68. We are a Data Controller of the Personal Data we Process in providing Goods to you.

69. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purposes identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.

70. For any enquiries or complaints regarding data privacy, you can e-mail: info@dynamicheaters.co.uk.

 

Excluding liability

71. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

72. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

73. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

74. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. For further information on complaints please find our full complaints policy at https://www.dynamicheaters.co.uk/complaints-policy/.

 

Model cancellation Form

To

Vanquish Eco Limited

5D Mannings Heath Road

Tower Park

Dorset

BH12 4NQ

Email address: info@dynamicheaters.co.uk

Telephone number: 01202 985047

 

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the

following service [*], Ordered on [*]/received on [*]______________________(date received)

 

Name of consumer(s):

 

Address of consumer(s):

 

Signature of consumer(s) (only if this form is notified on paper)

 

Date:

 

[*] Delete as appropriate.