Terms and conditions
1.1 These general terms and conditions (“General Terms and Conditions”) cover the use of the website “Stand by me” (the “Website”). These conditions are also applicable whenever an order is placed via the Website.
1.2 Daikin Airconditioning UK Ltd (“DAUK” or “we” or “us”) is a company registered in the United Kingdom with registered office at The Heights, Brookland, Weybridge, Surrey KT13 0NY, (United Kingdom). The company registration number is 4616794 and the VAT number is GB372 6068 45.
1.3 We can be contacted by telephoning the following number [0845 641 9070] or by writing to firstname.lastname@example.org or Daikin Airconditioning UK Ltd, The Heights, Brookland, Weybridge, Surrey KT13 0NY.
1.4 DAUK only supplies the products and services offered on the Website for domestic and private use. Everyone who places an order via the Website (the “End Customer” or "you") confirms that such purchase is for personal use. To place an order for business use, please contact us.
1.5 If we need to contact you, we will do so by telephone or by writing to the email address or postal address provided in the order.
2.1 These are the General Terms and Conditions on which DAUK supplies products and services to the End Customer on the Website. Please read these terms carefully before submitting an order. These terms tell you the End Customer who DAUK is, how DAUK will provide products and services to you, how DAUK and the End Customer 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, please contact DAUK to discuss. These General Terms and Conditions are published on the Website.
2.2 These General Terms and Conditions made available to the End Customer electronically in such a way that these can easily be saved by the End Customer on a durable medium and can be easily printed.
2.3 Each of the paragraphs of these terms operates separately. If one of these paragraphs is not legally valid or is unlawful for whatever reason, the remaining paragraphs will remain in full force and effect.
3. The offer
3.1 The offer contains a complete and precise description of the offered products and/or services available. When DAUK utilizes images, these are purely for illustrative purposes. Although DAUK makes every effort to display the colours accurately, the product may vary slightly from those images due to the device's display of the colours.
3.2 Each offer contains the necessary information so that it is clear to the End Customer what rights and obligations are associated with accepting the offer. In addition, DAUK may make changes to the product or service to rectify an error or omission or a problem with supply, but if it does so, the End Customer will be notified and will have the opportunity to end the contract before the changes take effect and receive a refund for any products or services paid for but not received.
3.3 It is always possible that, despite best efforts, some of the products or services may be incorrectly priced. If the correct price at the order date is less than the stated price at the order date, DAUK will charge the lower amount. If the correct price at the order date is higher than the price stated, DAUK will contact the End Customer for instructions before accepting the order. If DAUK accepts and processes the order where a pricing error is obvious and unmistakeable and could reasonably have been recognised as a mispricing, DAUK may end the contract, refund any sums paid and require the return of any goods provided.
4. Our Contract with you
4.1 Acceptance of the order by DAUK will take place when DAUK emails the End Customer to accept the order at which point a contract will come into existence between DAUK and the End Customer.
DAUK can only process orders if the End Customer has identified himself clearly, completely and correctly.
4.2 DAUK reserves the right to refuse orders, for example, in the event of any suspicion of abuse of law, bad faith, fraud, unacceptable commercial purposes, where a certain commodity and/or service is out of stock or unavailable, where there is an error in the price or description of the product or service or where there are difficulties meeting a delivery deadline. If DAUK is unable to accept the order, DAUK will inform the End Customer and will not charge the End Customer for the product or service. DAUK reserves the right to contact the competent authorities as part of the prevention of fraud.
5.1 The applicable price is the price indicated on the order pages on the Website at the moment when the order is placed. All stated prices include VAT.
5.2 The payment needs to take place before dispatch of the products or commencement of the services. DAUK accepts payment via one of the following payment methods: Maestro, Visa, Master Card.
6. Order and payment confirmation
6.1 Upon receipt of the payment, DAUK will send a confirmation of the order and payment and delivery details to the End Customer by email.
6.2 In the event that the End Customer needs to pay on an annual basis, the End Customer will receive an order and payment confirmation after payment of the first installment.
7.1 The costs of delivery will be as displayed on the Website. During the order process we will let you know when the products will be provided. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how to end the contract.
7.2 DAUK will perform the necessary diligence when evaluating requests for the provision of services.
7.3 The installation address, as entered by the installer during registration on the Website, serves as place of delivery.
7.4 DAUK will execute accepted orders in accordance with the agreed delivery term.
8. Change of Mind Rights of End Customer
8.1 Under the Consumer Contracts Regulations 2013, the End Customer has a period of 14 days to change their mind and cancel the contract and receive a refund without stating any reason.
8.2 For the sale of products, the period stated in 8.1 lapses 14 days after:
the day on which the End User or a third party appointed by the End User physically takes possession of the goods unless:
a) when ordering multiple goods that are delivered separately, the day on which the End User or a third party appointed by the End User, who is not the transporter, physically takes possession of the last item of merchandise;
b) in case of a delivery that consists of different shipments or parts, the day on which the End User or a third party appointed by the End User physically takes possession of the last shipment or the last part;
c) for agreements regarding the regular delivery of goods over a set period, the day on which the End User or a third party appointed by the End User physically receives the first delivery of the goods.
8.3 For the provision of services, the period stated in 8.1 lapses 14 days after the day DAUK emails you to confirm acceptance of the order. However, once DAUK has completed the services the End Customer cannot change their mind, even if the period is still running. If the End Customer cancels after commencement of the services, the End Customer must pay for the services provided up until the time DAUK is told of the change of mind.
8.3 The End Customer will carefully handle the purchased product during the 14 day cancellation period. The product can only be used to the extent necessary to determine the nature, characteristics and effect of the product.
8.4 To end the contract with DAUK, please do one of the following:
By post or email.
Print off the form and post it to DAUK at the address on the form.
8.5 The risk and burden of proof for the correct and timely exercise of the right of cancellation lies with the End Customer.
8.6 When exercising the right to cancel:
a) DAUK may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by handling them in a way which would not be permitted in a shop. If DAUK refunds the price paid before DAUK is able to inspect the goods and later discovers they have been handled in an unacceptable way, the End Customer must pay DAUK an appropriate amount.
b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method DAUK offers. For example, if DAUK offers delivery of a product within 3-5 days at one cost but the End Customer chooses to have the product delivered within 24 hours at a higher cost, then DAUK will only refund what would have been paid for the cheaper delivery option.
c) Where the product is a service, DAUK 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 the End Customer told DAUK it had changed its mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7 DAUK will receive all payments from the End Customer immediately and in any event within 14 days after the day on which DAUK was notified about the fact that the End Customer wishes to draw upon the repayment right of cancellation. DAUK will reimburse the End Customer by means of the same payment method as used by the End Customer. The reimbursement will not involve any costs for the End Customer.
8.8 The End customer does not have a right to change of mind:
8.8.1 upon completion of the services, even if the cancellation period is still running, provided that the services commenced with the express consent of the End Customer and provided that the express acceptance by the End Customer of the fact that the right of cancellation expires after completion of the services;
8.8.2 if the End Customer expressly requests that DAUK performs urgent repairs or maintenance (in other words, before the expiration of the period stated in article 8.1);
9. If there is a problem with the product or services
9.1 If the End Customer has any questions or complaints about the products or services, please contact DAUK by telephoning the customer service team at 0845 641 9070 or writing to email@example.com or Daikin Airconditioning UK Ltd, The Heights, Brookland, Weybridge, Surrey KT13 0NY.
9.2 DAUK is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of the key legal rights in relation to the products and services. Nothing in these terms will affect the End Customers legal rights.
Summary of your key 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.
If your product is goods, 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 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.
If your product is services, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
· if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
· if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
These rights are in addition to the rights to change your mind under section 8 above.
9.3 DAUK is not liable for any damage as a result of events outside the control of DAUK, wrong use or incorrect handling of a product and/or service purchased by the End Customer.
9.4 If you wish to exercise your legal rights to reject products you must post the products back to DAUK. DAUK will pay the costs of postage. Please call customer services on 0845 641 9070 or email DAUK at firstname.lastname@example.org for a return label or to arrange collection.
10. Signature and evidence
10.1 The End Customer accepts electronic evidence.
10.2 The End Customer is personally and exclusively responsible for the accuracy of all data that he or she passes on to DAUK.
11. Duration and termination after expiry of the 14-day cancellation period
11.1 The agreement starts at the moment of acceptance of the offer by the End Customer and the acceptance of these General Terms and Conditions and runs until the end of the term of the product or the service that was purchased by the End User as specified in the product description in the Website.
11.2 Even if DAUK is not at fault, the agreement can be terminated at all times by the End Customer provided that notice is given to DAUK by using the contact page. A contract for products is completed when the product is delivered and paid for. A contract for services is completed when DAUK has finished providing the services and the End Customer has paid for them. If DAUK wants to end the contract in these circumstances, just contact us by forwarding the filled out form.
11.3 DAUK can terminate the agreement with immediate effect provided that a notification email is sent in the following circumstances: (1) if the End Customer has defaulted on payment which is due 30 days after DAUK has sent a reminder email and (2) if the End Customer receives an email to perform maintenance and has not performed the maintenance within a period of three months from the date of the email.
12. Liability for use of the Website
12.1 The Website is intended to provide general information of the End Customer about the products and activities of DAUK.
12.2 DAUK reserves itself the right to suspend or stop the Website entirely or partially at any moment due to maintenance, updating or any other reason, even without prior warning.
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; 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. We only supply the products for domestic and private use. If you use the products 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.
13. How we may use your personal information
14. Intellectual property
The Website and all parts of the Website, including the material and content (such as pictures and text) and the technology used are the exclusive property of DAUK.
DAUK is the owner of all intellectual property rights that protect the works and marks. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Users who have their own website and who, even for purely personal use, want to establish an automatic link between their own site and the starting page of the Website must ask DAUK for the explicit consent for this. The End Customer must not use any part of the content on the site for commercial purposes without obtaining a licence to do so from DAUK or licensors.
15. Authority and applicable law
These terms are governed by English law and the End Customer can bring legal proceedings in respect of the products in the English courts. If the End Customer lives in Scotland he/she can bring legal proceedings in respect of the products in either the Scottish or the English courts. If the End Customer lives in Northern Ireland he/she can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the End Customer having to go to court. If the End Customer has a dispute with DAUK, DAUK will always try to sort things out if the End Customer contacts customer services using the details in section 1.4 above. If the End Customer is not happy with how any complaint has been handled, Alternative Dispute Resolution is available to the End Customer, including online dispute resolution at http://ec.europa.eu/consumers/odr/.