8.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 30 days of the date of delivery to you or your collection from a trade counter (as applicable). In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 30-day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
8.2 You will lose your right to cancel after the expiry of the 30-day period referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).
8.3 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email using the contact details set out below at clause 10. You may also cancel by informing us in-store at a trade counter. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
8.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 8.10), unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products.
8.5 Following cancellation, subject to clause 8.7 we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day: 8.5.1 you notified us to cancel your order, where you have not received the goods; or, 8.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or 8.5.3 you provide us with a proof of return for the goods, where you have returned the goods, but we have not yet received them
8.6 We will refund you using the same means of payment as you used to pay for your order or purchase. For PayPal purchases we will provide you with a refund or customer credit (at your option).
8.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
8.8 Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalised (for example, made to order radiators). Your right of cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons (such as water pumps, toilets and macerators), if you have opened the product packaging after delivery or collection. Radiator, Radiator parts or spares which have had the product box/packaging opened cannot be returned for refund or credit.
8.9 If you cancel your order for a product delivered direct from our supplier, please contact us and we will arrange for our supplier to collect from you. Some collections may incur a charge; the amount of the charge will depend on the good(s) returned, but the maximum fee is £20.
8.10 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30-day period in clause 8.1.
8.11 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the goods within 30 days of delivery or collection, you have a right to reject the goods and receive a full refund, or alternatively we are happy to provide a replacement.
8.12 If an item develops a fault after 30 days following delivery or collection, we may offer a repair or replacement of the item or offer a price reduction or refund. If the product is to be repaired, and the manufacturer has provided a helpline, repair service or warranty, we may ask you to make contact with the manufacturer direct or we can do this on your behalf. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible we will replace the item with the same or an equivalent model.
8.13 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
9.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any: 9.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); 9.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and 9.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
9.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
9.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
9.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
9.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
9.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
10.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at ESBAH Emergency Plumbing Services, 106 LANDSWOOD CLOSE, BIRMINGHAM, B44 0LE, or by email at INFO@EMERGENCYPLUMBER.SERVICES or Call: 0121 582 2355, calls may be recorded for quality and training purposes.