Terms and 4. Terms and Conditions
Please read these terms and conditions carefully before ordering (or opening if mail ordered) any Products from our trade shop. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 The Cleaning Warehouse Company Ltd registered in England and Wales under company number 6584828 and with our registered office at Benton Works, Victoria Street, Willenhall. WV13 1DR
1.2 This trade shop is for purchasing goods only. We are not under any obligation to provide information or understanding about the products that you purchase.
1.3 we are not responsible for any items purchased under false impressions.
2. YOUR STATUS
Please ensure that all goods received are checked before you set them up
By placing an order through trade shop or over the telephone, you warrant that:
You are legally capable of entering into binding contracts; and
You are resident in the UK; and You accept that the sale of all goods purchased through the trade shop is for business use and you enter a business contract.
By signing the reverse to are agreeing to all our terms and conditions
If this is a mail order and you were unable to sign the reverse at point of payment then please read these terms and conditions prior to opening and using the enclosed goods. By taking receipt and using the enclosed products then you are agreeing to our terms and conditions.
If you are unsure or would like to discuss any section on this page then please call us on 01902 637402
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day you received the Products. In this case, you will receive a refund of the price paid for the Products in the form of a credit, but will be liable for costs incurred by us for delivery and recovery of the Products, in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.2a A credit note will be given to the value of the returned alternatively if the refund is requested in the form of cash or card repayment then a 20% (percent) restocking/admin charge will apply.
4.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
Specially Ordered Products or items that have been custom made to suit your requirements or which cannot readily be returned: for example an professional water fed pole system built to your requirements.
If you have any complaints then feel free to contact us in the following ways:-
Customer Services on 01902 637402, Fax on 01902 212707 E-mail firstname.lastname@example.org We aim to resolve any complaints within a week of receiving them.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6.3 Any outstanding monies should be received before collection/delivery of goods unless otherwise stated. Failure to do this will result in legal action.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted in our trade shop, except in cases of obvious error.
7.2 Prices exclude VAT and exclude delivery costs, which will be added to the total amount due as set out in our Delivery Options page.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our trade shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products on display may be incorrectly priced. Were a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after Dispatchment the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
7.6 If an item is purchased at a lower price then correct and you (the consumer) have taken goods away from site, then we reserve the right to refuse any further sales until the full amount is paid.
7.6 Payment for all Products must be by credit, debit card or Cash. We accept payment with Visa, MasterCard, Visa Delta, Switch and Maestro. Payment will be debited at time of order through the HSBC payment system.
8. OUR REFUNDS POLICY
8.1 Returns will be accepted in the following circumstances
For Products returned within the 14-day cooling-off period, we will, subject to return of the Products to us, process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. The Products must be returned as new, unopened in their original packaging. We are unable to take receipt of sensitive goods such as membranes and resin once they have been opened.
For orders cancelled once the goods have been dispatched/taken away from site will result in a refund of the Products, less a 20% administration fee/restocking fee and less the cost of your delivery and any costs incurred by us in recovering the items back to our distribution centre. Unless a credit note is requested where only the cost of shipping will be deducted.
For defective products we will examine the returned Product and will notify you of your refund via e-mail or phone within a reasonable period of time.
Defective items usually require The Cleaning Warehouse to examine and in most cases to send the item back to the original suppliers for further examination. Once the defective item is then received we will then wait upon a reason for malfunction. If it is found that the defect is due to a manufacturing issue, then a new or repaired product will be sent to yourself free of charge (excluding your postage expenses) However if it is found that the malfunction is due to improper use/abuse or any user error, then it will void the warranty and no exchange will be offered. However whenever possible, a choice of repairing the item will be offered.
The outcome of the above will solely be established from the original supplier/manufacture. The result is not negotiable. The Cleaning Warehouse cannot offer a substitute whilst the damaged product is being investigated.
Products damaged in transit must be noted at the time of delivery, documented on the delivery note and delivery refused. It is the customer’s responsibility to check the Products for damage with the delivery driver and to notify us of any damages within 48 hours. We will not accept claims for Products damaged in transit that were signed for as being in good condition.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence; Under section 2(3) of the Consumer Protection Act 1987; For fraud or fraudulent misrepresentation; or For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for losses which happen as a side effect of the loss or damage of a product(s) purchased through us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time.)
9.5 As a manufacturer and fabricator of machinery we strive to make all our products as safe as possible, however there maybe occasions where possible injury can occur if used incorrectly. Please always refer to the manual and be cautious of all metalwork/electronics/fibreglass as The Cleaning Warehouse will not accept liability if injury if caused through improper use or negligence. If you feel an item is unsafe in anyway please contact us as a matter of urgency.
9.6 Please do not sign for delivery without checking the items for damage. If goods are signed for then you accept the condition that they arrive and waver any rights to claim over damaged products.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is a business contract and binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19. LAW AND JURISDICTION
contracts for the purchase of products through our site will be governed by English law. any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales
20. VIOLENCE AT THE WORKPLACE.
In recognition of our duty under section 2 of the health and safety at work act 1974 and the management of health and safety at work regulations, the management of the cleaning warehouse have a duty to provide a safe environment at work for all our employees. The cleaning warehouse accepts that any actual or implied threats of violence to any of our employees by anyone is very unacceptable. Violence is any behaviour that produces damaging or hurtful effect physically, mentally or emotionally and can be defined as any incident in which an employee is abused, threatened or assaulted.
violence can take forms including:
physical violence, Verbal abuse and threats (with or without a weapon) Rude gestures and innuendoes, Sexual harassment, Racial harassment, all forms of intimidations, actual or threatened assaults on any of our employees are completely unacceptable. Any assault will be reported will be investigated thoroughly by the cleaning warehouse management team. Any threats or acts of violence to our employees you will be asked the leave the premises; you will be banned from the purchasing through the trade counter or any of our internet shops. The police will be called and will escort you off our premises.
The Cleaning Warehouse