Terms and Conditions
These terms and conditions ("Terms and Conditions") apply to all orders for items which you, acting in your capacity as a purchaser ("you") place with us, KWG electric of 9, Field Close, Paignton, Devon TQ3 1ET, trading as KWG Electric ("we" "us" or "our"): (i) on-line using the website which we operate from the URL: " www.thepumpdealer.co.uk" and other URLS from time to time including www.ebay.co.uk and www.amazon.co.uk ("Website"); or (ii) by telephoning us direct.
This Website is for use only by purchasers who access it from within the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man. If you choose to access the Website from locations outside these territories, you are responsible for compliance with local laws if and to the extent they apply.
Sale of items via this Website or by telephone is to individuals aged 18 or over only. If you are under 18 you must involve a parent or guardian when placing orders on-line using the Website or by telephone.
KWG Electric is an English registered company and this Website and the information and marketing materials contained on it are provided in the English language only. If you do not understand all or any part of these Terms and Conditions, you may not place orders using this Website. Please contact us directly.
Please note that this Website may also contain links to other websites, which are not operated by KWG Electric (the "Linked Sites"). KWG Electric has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Acceptance
Prior to placing your order, please read these Terms and Conditions carefully together with our Privacy Policy , Website Conditions of Use and other policies which we may notify you of from time to time. You are advised to print or download copies of such provisions for your future reference. Together they constitute the entire agreement between us.
You accept and agree to be bound by these Terms and Conditions and the other terms and conditions referred to above when: (i) in the case of on-line orders, you place an order on the Website; or (ii) in the case of telephone orders, you confirm to a member of our team that you agree to be bound by them.
Nothing in these Terms and Conditions affects your statutory rights either as a consumer or otherwise.
Delivery
Where delivery is to be made to addresses in the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man the delivery charges set out in the Delivery document on our Website from time to time apply. Please note that separate delivery rates apply if you require items to be delivered to addresses outside the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man. Please contact our Customer Services team for details.
Where delivery is to be made to destinations outside the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man, may also be subject to import duties and taxes, the payment of which is your responsibility. Such taxes and duties are levied once the items reach the specified destination. KWG Electric has no control over these charges and we are, therefore, unable to predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. You are responsible for items you order from KWG Electric through our Website or by telephone and must comply with all laws and regulations of the country in which the items are to be delivered. You should also note that cross-border deliveries may be subject to opening and inspection by customs authorities.
Specifications
KWG Electric makes every effort to display the colours, sizes and specifications of products available on the Website as accurately as possible. The colours you see will however depend on the resolution of your monitor. We cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the sizes and specifications of items displayed on our Website without prior notice. We cannot guarantee that a particular colour, size or specification of an item will be available. A member of our Customer Services team will contact you if the item you have ordered is no longer available.
Orders
For security reasons, when you order items on-line for the first time you will need to register with KWG Electric by setting up an account. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account with KWG Electric. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that the username and password is kept confidential and secure. You must inform KWG Electric immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being or are likely to be used in an unauthorised way.
Please ensure the details you provide us with on registration are correct and complete and inform us promptly of any changes to those details (e.g. change of email or postal address).
KWG Electric reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order it will be without charge to you.
Prices
Items are invoiced in GBP sterling at the price prevailing at the time you place your order. Please note that we can only accept payment in GBP sterling. Prices displayed on the Website exclude United Kingdom Value Added Tax which will be charged at the current rate as shown on the on-line order form (or if you are placing your order by telephone, as advised by our Customer Services team). Delivery and packaging incur an additional charges.
From time to time we may choose to display prices on the Website in foreign currencies as well as GBP sterling. If we do so it is purely for illustrative purposes and the conversion rates are approximate only. If you choose to purchase items from KWG Electric online or by telephone using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.
Whilst KWG Electric endeavours to ensure that all prices on the Website are accurate, errors may sometimes occur. If we discover an error in the price of items you have ordered we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to on-line and telephone purchases only. They are not indicative of the price of identical items purchased in our standalone KWG Electric stores, KWG Electric concessions within department stores or by any other means. KWG Electric reserves the right to update prices displayed on the Website from time to time.
All prices displayed on the website are excluding VAT. VAT is applied at the checkout and clearly displayed before purchase.
The Contract Between KWG Electric and You
When you place an order to purchase items using the Website or by telephone this is an offer by you to KWG Electric to purchase those items. We only accept your order when we have confirmed availability and have processed the payment on your credit card successfully. The contract between us is formed at the point we accept your order. An invoice and a receipt for the payment will be dispatched to you with the items. If an item within your order is not available we will contact you. Where possible we may offer you a substitute item. Please see the Availability and Substitution section below.
KWG Electric's Acceptance of Orders
Upon receipt of orders submitted using the Website, KWG Electric will send you an email summarising the details of your order (an "Acknowledgement Email"). Acceptance of orders for items purchased on the Website shall be effected when we send you an e-mail confirming that we have dispatched the items in your order (a "Confirmation Email"). For orders placed on-line using this Website the contract between us is formed at the point we send you the Confirmation Email for those items detailed in the Confirmation Email. If your order contained a number of items and the Confirmation Email mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract.
When you place your order by telephone you will be given a customer reference number as acknowledgement of your order. It will enable you to track the progress of your order. We accept your order for an item ordered by telephone at the point of dispatching that item to you.
Availability and Substitution of Items
The acceptance of orders by KWG Electric is always subject to availability of the items ordered. If for any reason the items you ordered are no longer available we will at our discretion either offer you another item of equivalent quality and price (where this is possible) or, alternatively, cancel the item from your order and where payment has already been deducted from your account give you a full refund in respect of that item.
Payment 1
Purchases of items from KWG Electric may be paid for on-line or by telephone by supplying your credit or debit card details. In the case of on-line orders you supply these details in on the secure on-line order form. In the case of telephone orders, you supply these details to a member of our Customer Services team. [We regret that we cannot accept cheques, gift vouchers or cash as payment on-line or by telephone.] Receipt of your credit card details and debit of payments does not constitute our acceptance of your order. Acceptance of your order occurs in the case of on-line orders when we send you the Confirmation Email or in the case of telephone orders at the point we dispatch the items. You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive the Confirmation Email or other confirmation from us where the details you have supplied are incorrect or in the event of communication system failures outside our control.
Please note that we cannot guarantee the security of data which you send us by email. Accordingly please do not send us payment information using email. For details of the security measures we employ please read our Privacy Policy .
Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
Risk and Title
Risk in the items will pass on to you at the time the items are delivered. Ownership of items delivered will only pass to you when we receive payment in full of all sums due in respect of the items (including packing and delivery costs). If we do not receive payment in full we may, without prior notice, claim from you any items which have been delivered.
Cancellations and Returns
Customers have a period of 14 days from the day they receive the goods to notify KWG Electric that they wish to cancel or return an item, Once KWG Electric have been notified, the customers have a further 14 days to send the goods back at their own cost.
KWG Electric must refund the customer within 14 days of it receiving the goods.
Please see our Returns page to obtain a returns form
You may return items to us at the following address: KWG Electric of 9 Field Close, Paignton, Devon, TQ3 1ET
Faulty or Damaged Items
If the items you ordered are damaged or faulty upon receipt, provided you inform us within 30 days of receiving the items (supplying them with the reference details shown on the delivery documentation together with details of the damage or fault) we will send replacements or offer you a refund. We ask that you return the damaged or faulty items to us and will reimburse the reasonable costs you incur in doing so. We ask that you send us copies of the supporting receipts. Refunds will be credited to the payment method used to make the original purchase.
If returning an item due to a fault, we will require the pump to be investigated to determine if the fault was casued by a manufacturing defect or incorrect installation. If the item's fault was caused by an installation fault. A refund will not be offered. If the fault was a manufacturing fault, a full refund or replacement will be provided. A full pump report will be provided upon request
Guarantee Claims
If you have a Guarantee claim, please contact us at kirk@thepumpdealer.co.uk who will process your claim for you. Please have your original order number so we can determine the correct procedure.
Due to the nature of some products, an engineer may require a site visit to determine if the pump is under guarantee or not. Before a site visit is arranged card details and pre-authorisation must be taken. If the pump is found to be under guarantee terms no charge will be made. If the fault falls outside of the Guarantee claim e.g. incorrect installation, the cost of the site visit and cost to fix the pump will be chargable. If you require the manufacturers hourly charge, please request these from us.
Non-Delivery3
If the items you ordered are not delivered by the delivery date indicated please contact our Customer Service team.
Privacy and Communications
When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy
To fulfil our obligations to you under these Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications be in writing.
Losses
We will be responsible for any losses you suffer as a direct result of us breaching these Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract between us for the sale of items was formed. We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our appointed sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Terms and Conditions excludes or limits our liability to you for personal injury or death caused by our negligence.
3. Under the Distance Selling Regulations, KWG Electric has 30 days (from the day after the day the customer places their order) to deliver the items, unless it has agreed a different period with the customer. If KWG Electric cannot (for any reason) deliver within this 30 day period it will need to notify the customer and agree an extended delivery period to avoid being in breach of the Regulations. If KWG Electric fails to deliver the items it will be obliged to refund the customer.
Force Majeure
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
Changes to this Website and Terms and Conditions
We reserve the right at any time to make changes to the Website, these Terms and Conditions, the Website Conditions of Use , Privacy Policy and such other policies as we may notify you of from time to time. You will be subject to the policies and terms and conditions in force at the time you order items using the Website or by telephoning our Customer Services team. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.
Waiver
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing law and jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Both KWG Electric and you agree to submit to the non-exclusive jurisdiction of English courts.
Customer Services
Tel: 01803 220416
Email: kirk@thepumpdealer.co.uk
