Terms of Sale

Introduction

These are the terms and conditions (“Terms”) on which we supply products to you, whether they are goods or services. Please read these Terms carefully before you submit your order to us.

About us

We are Premier Plumbing & Heating Supplies Ltd (“We”, “us”, “our”). We are registered in England and Wales under company number 3570079.

Our contract with you

Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business customer or consumer. You are a consumer if:

you are an individual.
you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

Order acceptance. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we can’t accept an order. If we are unable to accept your order, we will inform you of this 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 a credit reference we have obtained for you does not meet our minimum requirements, 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.

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.

Our products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

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

Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

Our right to make changes to the products. We may change the product to: (a) reflect changes in relevant laws and regulatory requirements; and/or (b) implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

Delivery

Timing of delivery.

Goods. We will contact you with an estimated delivery date, which will be within 7 days after the day on which we accept your order.
Services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

Costs. The costs of delivery will be as displayed to you on our website.

Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours.

Rearranging delivery.

If you’re not available for delivery. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or 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.

Access to provide services. If you do not allow us access to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access we may end the contract.

Ownership and responsibility for the goods. For a product which is goods:

The product will be your responsibility from the time we deliver it to the address you gave us or you collect it from us.
You will own the product once we have received payment in full.
If you are a business customer with a trade account with us, then see clause 12 which shall apply.

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. If so, this will have been stated in the description of the products on our website. We may also contact you to ask for this information. 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 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.

Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the product as notified by us to you (see clause 3.4).

No responsibility 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.

No international delivery

Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK

Your rights to end the contract

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, when you decide to end the contract and whether you are a consumer or business customer:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8 if you are a consumer and clause 10 if you are a business customer;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
If you are a consumer and have just changed your mind about the product, see clause 6.3. 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;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 6.4.

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 clause 6.2.1 to clause 6.2.5 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:

we have told you about an upcoming change to the product or these Terms which you do not agree to (see clause 3.4);
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;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 days; or
you have a legal right to end the contract because of something we have done wrong.

Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.

Your right as a consumer to change your mind does not apply in respect of:
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- any products which become mixed inseparably with other items after their delivery.
How long do you have to change your mind? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
- For goods. You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. If your goods are for regular delivery over a set period, then you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
- For services. You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

Ending the contract in other cases (where we are not at fault and there is no right to change your mind). Even if we are not at fault and you are not a consumer who has a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products 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 your ending the contract.

How to end the contract with us

This clause applies including if you are a consumer who has changed their mind.

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

Phone or email. Call customer services on 01761 418484 or email us at jamie@premier-phs.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
By post. Print off the Cancellation form and post it to us. Or simply write to us, including details of what you bought, when you ordered or received it and your name and address.

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. You must either return the goods in person to where you bought them, post them back to us at or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01761 418484 or email us at jamie@premier-phs.co.uk for a return label or to arrange collection. If you are a consumer 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.

When we will pay the costs of return. We will pay the costs of return:

if the products are faulty or misdescribed;
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;

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, £6.25 plus VAT.

How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, 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 goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (even if you originally chose a more expensive delivery option).
For services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

For goods, if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01761 418484 or write to us at jamie@premier-phs.co.uk. Alternatively, please speak to one of our staff in-store.

Your rights in respect of defective goods (if you are a consumer)

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these Terms will affect your legal rights as a consumer.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01761 418484 or email us at jamie@premier-phs.co.uk for a return label or to arrange collection.

Your rights in respect of defective goods (if you are a business customer)

If you are a business customer we warrant that on delivery any products which are goods shall:

conform with their description; and
be free from material defects in design, material and workmanship.

Subject to clause 10.3, if:

you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 10.1;
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

We will not be liable for a product's failure to comply with the warranty in clause 10.1 if:

you make any further use of such product after giving a notice in accordance with clause 10.2.1;
the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
the defect arises as a result of us following any drawing, design or specification supplied by you;
you alter or repair the product without our written consent; or
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

Except as provided in this clause 10, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 10.1.

The terms of this clause 10 shall apply to any repaired or replacement products supplied by us under clause 10.2.

Price and payment

Product price. 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.

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.

Incorrect prices. 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.

When you must pay and how you must pay. We accept payments made by credit and debit cards and any other methods of payment set out by us in writing. When you must pay depends on what product you are buying:

For goods, unless you use our click and collect (where available) option, you must pay for the products in full upfront before we process your order. For click and collect orders, you may either, pay for the products in full before we process the orders, or pay for the products upon collection from our premises. If you are a business customer, we may offer you alternate payment terms which will be stated in your order acknowledgment or as otherwise agreed in writing by us.
For services, you must make an advance payment of the amount indicated on the order pages when you placed your order, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 7 calendar days after the date of the invoice.

Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law)

Interest on late payments. 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 4% a year above the base lending rate of 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.

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.

Title and risk in products (if you are a business customer)

This clause applies if you are a business customer and have a trade account with us.

If you are a business customer, the risk in the goods shall pass to you on delivery. Title to the goods shall not pass to you until the earlier of:

we receive payment in full (in cash or cleared funds) for the goods and all other sums that are or that become due to us from you for sales of goods or on any account; or
you resell those goods, in which case title to those goods shall pass to you at the time specified in clause 12.3.

Until title to goods has passed to you, you shall:

store those goods separately from all other goods held by you so that they remain readily identifiable as our property;
not remove, deface or obscure any identifying mark or packaging on or relating to those goods; and
maintain those goods in satisfactory condition and keep them insured on our behalf for their full price against all risks with an insurer that is reasonably acceptable to us. You shall obtain an endorsement of our interest in the goods on your policy, subject to the insurer being willing to make the endorsement. On request you shall allow us to inspect those goods and the insurance policy.

Subject to clause 12.4, you may resell or use goods in the ordinary course of your business (but not otherwise) before we receive payment for the goods. However, if you resell the goods before that time:

you do so as principal and not as our agent; and
title to those goods shall pass from us to you immediately before the time at which resale occurs.

If before title to goods passes to the you, you become subject to any of the events listed in clause 12.5, then, without limiting any other right or remedy we may have:

Your right to resell Products or use them in the ordinary course of your business ceases immediately; and
We may at any time:
- require you to deliver up all goods in your possession that have not been resold, or irrevocably incorporated into another product; and
- if you fail to do so promptly, enter any of your premises or of any third party where the relevant goods are stored to recover them.

For the purpose of clause 12.4, the following events are listed follows:

an order is made or a resolution is passed for your dissolution or winding-up; or
an order is made for the appointment of an administrator to manage your affairs, business and property or such an administrator is appointed or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by you or your trustees, officers, directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule 1B to the Insolvency Act 1986); or
a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the Court or a creditor to appoint a receiver and/or manager or administrative receiver or which entitle the Court to make a winding-up or bankruptcy order; or
you take or suffers any similar or analogous action as set out in clauses 12.5.1 to 12.5.3 in consequence of debt.

Our responsibility for loss or damage suffered by you (if you are a consumer)

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.

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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.

Our responsibility for loss or damage suffered by you (if you are a business customer)

Nothing in these Terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
defective products under the Consumer Protection Act 1987.

Except to the extent expressly stated in clause 10.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Subject to clause 14.1:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to of the total sums paid by you for products under such contract.

Use of your personal information

We will only use your personal information as set out in our Privacy Policy.

Communications between us

Contacting us. To contact us, please email jamie@premier-phs.co.uk or telephone us on 01761 418484.

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.

"Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

Other important terms

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.

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.

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.

If part of this contract is found to be unlawful, 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.

Delays in enforcing this contract. 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.

Governing law and where you can 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.