Terms and Conditions – sale of goods and supply of services to consumers (Terms)
1. These Terms
1.1 What these Terms cover
These are the terms and conditions on which we supply product(s) and services to you.
1.2 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 product(s) and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms 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 Ebac Limited a company registered in England and Wales. Our company registration number is 01089991 and our registered office is at Ketton Way, Aycliffe Industrial Park, Co Durham, DL5 6SQ. We currently operate the website at www.ebac.com (Website). We may operate other websites in the future and, unless expressly stated otherwise, these Terms will apply to all products and services listed on any such websites.
2.2 How to contact us
You can contact us by telephoning our customer service team at 0845 634 9899 by writing to us at firstname.lastname@example.org or Ketton Way, Aycliffe Industrial Park, Co Durham, DL5 6SQ.
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 we email you to confirm that (a) your order for the product(s) and/or services has been accepted or (b) that the product(s) has/have been shipped to you, whichever occurs first, at which point a contract will come into existence between you and us.
3.2 Your order number
In relation to products, 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.
4. Our Product(s)
4.1 Product(s) may vary slightly from their pictures
The images of the product(s) on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the product(s). Your product(s) may vary slightly from those images.
4.2 Product packaging may vary
The packaging of the product(s) may vary from that shown in images on our Website.
4.3 Product warranty
We warrant that, from the date of delivery and for 2 (two) years thereafter, the product(s) will be free from material defects (Warranty Period). We also offer extended warranties on our product(s), which you can purchase from our Website (Extended Warranty Period). If, during the Warranty Period or Extended Warranty Period, the product(s) is or becomes faulty, we will repair or replace (at our sole discretion) the faulty product(s) free of charge.
5. Our Services
5.1 We offer repair services in relation to our products.
5.2 In relation to such services, we shall arrange to collect the faulty product(s) from you within 5 (five) days of you contacting us to request a repair.
5.3 Within 14 (fourteen) days of us collecting the faulty product(s) from you, we will either:
5.3.1 return the repaired product(s) to you and the Warranty Period or Extended Warranty Period will continue; or
5.3.2 where the product(s) are not capable of being repaired (as determined by us at our sole discretion), we will send replacement product(s) to you and the Warranty Period or Extended Warranty Period, as applicable, will start again in relation to the replacement products.
6. Your rights to make changes
If you wish to make a change to the product(s) and/or services 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(s), 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 9).
7. Our rights to make changes
7.1 We may change the product(s):
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product(s).
8. Providing the Product(s)
8.1 Delivery costs
The costs of delivery will be as displayed to you on our Website or as told to you over the telephone. During the order process we will let you know when we estimate that we will be able to deliver the product(s) to you. In any event, we will deliver the product(s) to you as soon as reasonably possible and in any event within 30 (thirty) days after the day on which we accept your order.
8.2 We are not responsible for delays outside our control
If our supply of the product(s) and/or services 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 product(s) and/or services you have paid for but not received.
8.3 If you are not at home when the product(s) is delivered
If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.4 If you do not re-arrange delivery
If after a failed delivery to you, you do not re-arrange delivery or if you do not collect the products, 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 11.2 will apply.
8.5 Your legal rights if we deliver product(s) late
You have legal rights if we deliver any product(s) or supply any services late. If we miss the delivery deadline for any product(s) or services then you may treat the contract as at an end straight away if any of the following apply:
8.5.1 we have refused to deliver the product(s) or supply the services;
8.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 Setting a new deadline for delivery
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.7 Ending the contract for late delivery
If you do choose to treat the contract as at an end for late delivery under clause 8.5 or clause 8.6, you can cancel your order for any of the products or services or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products or services and their delivery. If the products have been delivered to you, you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0845 634 9899 or email us at email@example.com to arrange collection.
8.8 When you become responsible for the product(s)
The product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us.
8.9 When you own product(s)
You own a product(s) once we have received payment in full.
8.10 Reasons we may suspend the supply of product(s) to you
We may have to suspend the supply of a product(s) to:
8.10.1 deal with technical problems or make minor technical changes;
8.10.2 update the product(s) to reflect changes in relevant laws and regulatory requirements;
8.10.3 make changes to the product(s) as requested by you or notified by us to you (see clause 7).
8.11 Your rights if we suspend the supply of the product(s) or services
We will contact you in advance to tell you we will be suspending supply of the product(s) or services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 (thirty) days and we will refund any sums you have paid in advance for the product(s) or services in respect of the period after you end the contract.
8.12 We may also suspend supply of the product(s) or services if you do not pay
If you do not pay us for the product(s) and/or services when you are supposed to (see clause 13.4) and you still do not make payment within 7 (seven) days of us reminding you that payment is due, we may suspend supply of the product(s) and/or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the product(s) and/or services. We will not suspend the product(s) and/or services where you dispute the unpaid invoice (see clause 13.6). We will not charge you for the product(s) and/or services during the period for which they are suspended. As well as suspending the product(s) and/or services we can also charge you interest on your overdue payments (see clause 13.5).
9. Your rights to end the contract
9.1 You can always 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:
9.1.1 if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product(s) repaired or replaced or to get some or all of your money back), see clause 12;
9.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 if you have just changed your mind about the product(s) or services, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and we reserve the right to charge you for the costs of return of any product(s); and
9.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 9.5.
9.2 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 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any product(s) and/or services which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the product(s) or services or these terms which yo do not agree to;
9.2.2 we have told you about an error in the price or description of the product(s) or services you have ordered and you do not wish to proceed;
9.2.3 there is a risk that supply of the product(s) or services may be significantly delayed because of events outside our control;
9.2.4 we have suspended supply of the product(s) or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 (thirty) days; or
9.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 8.5).
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most product(s) bought online you have a legal right to change your mind within 14 (fourteen) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 How long do I have to change my mind?
You have 14 (fourteen) days after the day you (or someone you nominate) receives the product(s), unless:
9.4.1 Your product(s) are split into several deliveries over different days
In this case you have until 14 (fourteen) days after the day you (or someone you nominate) receives the last delivery to change your mind about the product(s).
9.5 Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the product(s) is delivered, or the services have been supplied and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for product(s) and/or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract
To end the contract with us, please let us know by calling our customer services on 0845 634 9899 or emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.2 Returning product(s) after ending the contract
If you end the contract for any reason after product(s)s have been dispatched to you or you have received them, you must either return them to us or you must allow us to collect them from you. Please call customer services on 0845 634 9899 or email us at email@example.com to arrange collection. If you are exercising your right to change your mind you must tell us and arrange collection of the product(s) within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return
We will pay the costs of return:
10.3.1 if the product(s)s are faulty or misdescribed; or
10.3.2 if you are ending the contract because we have told you of an upcoming change to the product(s) 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.
In all other circumstances, we reserve the right to charge you for the costs of return.
10.4 What we charge for collection
If you are responsible for the costs of return and we are collecting the product(s) from you, we will charge you the direct cost to us of collection. The costs of collection will be notified to you in advance.
10.5 How we will refund you
We will refund you the price you paid for the product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind:
10.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to reflect this.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product(s) within 3-5 days at one cost but you choose to have the product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7 When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.7.1 your refund will be made within 14 (fourteen) days from the day on which we receive the product(s) back from you. For information about how to return a product(s) to us, see clause 10.2; and
10.7.2 in all other cases, your refund will be made within 14 (fourteen) days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1 We may end the contract if you break it
We may end the contract for any product(s) and/or services at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due; or
11.1.2 you do not, within a reasonable time, allow us to deliver the product(s) or supply the services to you.
11.2 You must compensate us if you break the contract
If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for product(s) and/or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. If there is a problem with the product or service
12.1 How to tell us about problems
If you have any questions or complaints about the product(s) or services, please contact us. You can telephone our customer service team at 0845 634 9899 or write to us at firstname.lastname@example.org or Ketton Way, Aycliffe Industrial Park, Co Durham, DL5 6SQ.
12.2 If, during the Warranty Period or Extended Warranty Period, the product(s) become faulty, we will repair or replace (at our sole discretion) the faulty product(s) free of charge. We will pay for the collection of the faulty product(s) and the delivery of replacement product(s), if applicable.
12.3 Summary of your legal rights
We are under a legal duty to supply product(s) and services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product(s). Nothing in these terms will affect your legal rights.
|This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product(s) your legal rights entitle you to the following: up to 30 days: if your goods are faulty, then you can get an immediate refund. up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).|
12.4 Your obligation to return rejected product(s)
If you wish to exercise your legal rights to reject product(s) you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0845 634 9899 or email us at email@example.com or Ketton Way, Aycliffe Industrial Park, Co Durham, DL5 6SQ to arrange collection.
13. Price and payment
13.1 Where to find the price
13.1.1 in relation to product(s), the price (which includes VAT) will be the price indicated on the order pages of our Website or as told to you over the telephone when you placed your order. We take all reasonable care to ensure that the price of the product(s) advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product(s) you order; and
13.1.2 in relation to services, the price is a fixed fee of £75.00 (seventy five pounds) plus VAT.
13.2 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(s) and/or services, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) and/or services in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the product(s) 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)‘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.
13.4 When you must pay and how you must pay
We accept payment with most major credit or debit cards. In relation to products, you must pay for the product(s) before we dispatch them. We will not charge your credit or debit card until we dispatch the product(s) to you. In relation to services, we will charge your credit or debit card within 30 (thirty) days of the date or your order.
13.5 We can charge interest if you pay late
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a month above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you
14.1 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 or our failing to use reasonable care and skill, 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.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
14.2.1 liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
14.2.2 for fraud or fraudulent misrepresentation;
14.2.3 for breach of your legal rights in relation to the product(s)s as summarised at clause 12.2; and
14.2.4 for defective product(s) under the Consumer Protection Act 1987.
14.3 We are not liable for business losses
We only supply the product(s) to you for domestic and private use. If you use the product(s) 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.
14.4 How we will use your personal information
We will use the personal information you provide to us:
14.4.1 to supply the product(s) and/or services to you;
14.4.2 to process your payment for the product(s) and/or services; and
14.4.3 if you agreed to this during the order process, to give you information about similar product(s) and/or services that we provide, but you may stop receiving this at any time by contacting us.
14.6 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that we do.
14.7 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. WEEE Directive
15.1 The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. More information about the WEEE Directive can be found at www.gov.uk/electrical-and-electronic-equipment-eee-producer-responsibility.
15.2 Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
15.3 Distributors of new electric and electronic equipment have a part to play in reducing the amount of WEEE going into landfill sites. We are obliged under the WEEE Directive to offer our customers free take-back of their WEEE on a like-for-like basis when you buy from us a new electrical or electronic product(s).
15.4 For example, if a customer bought a new appliance from us we would accept their old appliance back and prevent it going into a landfill site by disposing of it safely. The recycling/disposal service is offered free of charge. We offer a collection service free of charge. This service must be requested at the time of ordering your new appliance by contacting us on 0845 634 9899 or email us at firstname.lastname@example.org. Any appliances that we are collecting should be disconnected and ready for collection at the time the new appliance is delivered. We can only remove old refrigerated appliances if they have been fully defrosted.
15.5 To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol (as shown below). Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.
16. Other important terms
16.1 We may transfer our rights and obligations under these Terms to another organisation.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
16.3 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.
16.4 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.
16.5 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 product(s) and/or services, we can still require you to make the payment at a later date.
16.6 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 product(s) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at www.adrgroup.co.uk or www.consumer-dispute.co.uk will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage