Terms and conditions of supply

1. INFORMATION ABOUT US

1.1 We are Whirlpool UK Appliances Limited, a company registered in England and Wales under company number 106725 and have our registered office at Morley Way, Peterborough, PE2 9JB. Our main trading address is Morley Way, Peterborough, PE2 9JB. Our VAT number is GB 513936740.

1.2 To contact us, please see our Contact us page.

2. OUR PRODUCTS

2.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 All Products shown on the Site are subject to availability. Wherever possible, we list availability information for Products on the Site.

2.3 We will inform you by e-mail within 28 days if the Product you have ordered is not available and we will not process your order if made.

3. USE OF THE SITE

3.1 Your use of the Site is governed by the terms of website use which can be located on the Site. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 You may only purchase Products and Services from the Site if you are at least 18 years old.

5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

5.3 After you place an order, you may receive an e-mail acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.

5.4 We will confirm our acceptance of your order by sending you an e-mail with confirmation of the Contract (Confirmation Email). The Contract between us will only be formed when we send you the Confirmation Email.

5.5 If we are unable to supply you with a Product and/or Service, for example because that Product is not in stock, the Product and/or the Service is no longer available or due to an administrative error on the Site, we will inform you and we will not process your order. If you have already paid for the Products and Services, we will refund you the full amount as soon as possible.

6. DELIVERY OF MDAS

6.1 Any delivery date communicated to you is an estimate. If we are unable to meet the estimated delivery date, we will contact you as soon as possible with a revised estimated delivery date.

6.2 Whilst we are able to advise of a delivery date, we regrettably cannot confirm a precise delivery time. If am / pm deliveries are offered then these will generally take place as follows:
am – between the hours of 07:30am and 13:00pm
pm – between the hours of 12:00pm and 18:00pm
Please note that in respect of some MDAs and Services we may not be able to indicate whether deliveries will be made in the morning or the afternoon.

6.3 Delivery will be completed when we have delivered your MDA to the address you gave us.

6.4 If we require a signature at the time of delivery, you or a person over the age of 18 authorised by you (Eligible Person) must be available to accept the delivery. If we are unable to make the delivery on the agreed date because there is no Eligible Person at home then we will leave a card confirming that we have attempted delivery. It will then be your responsibility to contact us to arrange a new delivery date.

6.5 The delivery team will unpack your new MDA and position it in a suitable room of your choice. We ask you to check your new MDA carefully for any visible damage, and also check your home for any damage that may be caused during the delivery, before you sign the delivery documentation. Any comment related to damage to the MDA or to your home must be entered in the appropriate section of the delivery documentation.

6.6 The MDA will be your responsibility from the completion of delivery.

6.7 You own the MDA once we have received payment in full, including all applicable delivery charges.

6.8 We deliver to addresses in mainland England, Scotland, Wales and Northern Ireland only.

7. DELIVERY OF SDAS AND SPARE PARTS

7.1 Your order will be fulfilled by the estimated delivery date set out in the Confirmation Email, unless there is an Event Outside Our Control (see clause 15 below). If we are unable to meet the estimated delivery date because of an Event Outside our Control, we will contact you with a revised estimated delivery date.

7.2 Delivery will be completed when we deliver the Spare Parts and/or the SDAs to the address you gave us.

7.3 If no Eligible Person is available at your address to take delivery, our chosen courier will leave you a note to say that they had attempted to deliver the Spare Parts and/or SDAs. The courier will attempt to re-deliver the Spare Parts and/or SDAs. For more information on an unsuccessful delivery please contact the courier directly, if they are unable to assist then please contact us using the information on the Contact us page on the Site.

7.4 The Spare Parts and SDAs will be your responsibility from the completion of delivery.

8. REMOVAL SERVICES FOR MDAS

8.1 We will remove your old appliance at the time of delivery of your new MDA, if you requested this Service in your order.

8.2 We will only remove your old appliance if it is disconnected prior to delivery of your new MDA.

9. CONNECTION SERVICES OF MDAS

9.1 We will connect your MDA if you requested this Service in your order.

9.2 Connection of MDAs will be carried out to existing services within one metre of the MDA only (one and a half metre for Range Style Gas or Dual Fuel Cookers). Included in the connection will be a test of the MDA.

9.3 We will be unable to connect your new MDA if:

9.3.1 the old appliance is not disconnected (excluding gas and electric cookers);

9.3.2 any electrical/gas/plumbing supplies fail the delivery team’s testing or are considered unsuitable;

9.3.3 any water supply cannot be isolated or is unsuitable;

9.3.4 any drainage/waste facilities are unsuitable;

9.3.5 mechanical adjustments are required to the MDA to overcome such things as water pressure problems;

9.3.6 alterations to pipe work are needed to satisfy the requirements of MDAs with waterproofing devices.

9.4 We will only disconnect existing appliances prior to a connection if in our judgement the existing connection is sound and safe.

9.5 Please note that the Service provided by our delivery team is a connection, not an installation. An installation occurs where:

9.5.1 no services or fittings are currently present;

9.5.2 hard wiring is required;

9.5.3 any additional work such as plumbing is necessary.

9.6 If you need an installation (which includes built-in Products), then please contact us using the details on our Contact us page.

10. PRICE OF PRODUCTS OR SERVICES

10.1 The prices of the Products and Services will be as quoted on the Site from time to time.

10.2 The price of a Product and Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and Services in full before the change in VAT takes effect.

10.3 The price of a MDA includes delivery charges.

10.4 The price of Spare Parts and SDAs does not include delivery charges.

10.5 We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product or Service you ordered:

10.5.1 where the Products or Services correct price is less than the price stated on the Site, we will charge the lower amount in the case of dispatching the Products and providing the Services to you; and

10.5.2 if the Products and Services correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product and Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

11. HOW TO PAY

11.1 You can only pay for Products and Services using a debit card or credit card.

11.2 You will be directed to an external and secure site for the processing of your online payment. This service is hosted by a third party who are fully accredited by Visa and MasterCard. Their systems and security controls are based on current industry standards and have several layers of technology in place to ensure the confidentiality of your information. Your full card details will never be seen, stored or accessed by us.

10.3 Payment for the Products and Services and all applicable charges (including delivery charges) needs to be made in full prior to the delivery of the Products or providing the Services.

12. SPARE PARTS SAFETY INFORMATION

12.1 Spare Part(s) should only be fitted by a suitable qualified or competent person in accordance with the manufacturer’s instructions.

12.2 Ensure appliances are disconnected from the mains before performing any work on them.

12.3 Perform any necessary earth looping continuity tests or insulation resistance tests before reconnecting.

12.4 Gas appliance parts should only be fitted, tested and inspected by a Gas Safe registered engineer.

13. OUR LIABILITY IF YOU ARE A CONSUMER

13.1 If you are a consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

13.2 We do not in any way exclude or limit our liability for:

13.2.1 death or personal injury caused by our negligence;

13.2.2 fraud or fraudulent misrepresentation;

13.2.3 any breach of the terms implied by law which cannot be excluded or restricted, including, but not limited to, your rights as a consumer as detailed in our Returns Policy; and

13.2.4 defective products under the Consumer Protection Act 1987.

13.3 Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law.

13.4 Subject to clause 13.2, our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Products charges.

14. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER

14.1 If you are a business customer, we only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes. Subject to clause 14.2, we have no liability to you arising under or in connection with the Contract, for any:

14.1.1 loss of profit, sales, business or revenues;

14.1.2 loss of business opportunity;

14.1.3 business interruption;

14.1.4 loss of anticipated savings;

14.1.5 loss of goodwill;

14.1.6 any indirect or unforeseeable loss.

14.2 We do not in any way exclude or limit our liability for:

14.2.1 death or personal injury caused by our negligence;

14.2.2 fraud or fraudulent misrepresentation; and

14.2.3 any breach of the terms implied by law which cannot be excluded or restricted.

14.3 Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law.

14.4 Subject to clause 14.2, our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Product charges.

15. EVENTS OUTSIDE OUR CONTROL

15.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 1

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.3.1 we will contact you as soon as reasonably possible to notify you; and

15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the provision of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16. COMMUNICATIONS BETWEEN US

16.1 Contact information:

16.1.1 To discuss any issues relating to cancellation of the Contract, refunds or any faulty or damaged Products, then please refer to the Returns Policy for the relevant contact details.

16.1.2 If you wish to contact us in writing for any other reason, you can contact us by email, post or by telephone. For further details please visit our Contact us page.

16.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

17. RIGHT TO CANCEL, REFUNDS AND DISCOUNT

17.1 Your rights to cancel the Contract and your rights to a refund or discount are detailed in the Returns Policy.

18. OTHER IMPORTANT TERMS

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our Guarantee (as detailed in our Returns Policy) to the recipient of the gift without needing to ask for our consent.

18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of any Product will have the benefit of our Guarantee (as detailed in our Returns Policy), but we and you will not need their consent to cancel or make any changes to these Terms

18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products and Services through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

18.7 If you are a business customer, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19. ALTERNATIVE DISPUTE RESOLUTION REGULATIONS 2015

19.1 If you make a complaint to us in relation to any Products or Services that we supply and that complaint remains unresolved as between you and us after you have exhausted our internal complaint process, we will write to you with the name and web address of a certified ADR provider, who is listed on the Chartered Trading Standards Institute website (http://www.tradingstandards.uk) and who is able to assist in resolving disputes relating to our Products and Services.

19.2 When we provide you with the details of a certified ADR provider, we will confirm to you whether we are willing to use ADR to resolve your complaint.

19.3 In accordance with EU Regulation 524/2013 on online dispute resolution for consumer disputes, here is a link to the EU’s ODR platform: (http://ec.europa.eu/consumers/odr/) The company email address is theservicecentre@indesit.com

20. MANUFACTURER’S GUARANTEE

20.1 Your purchase of a Product has the benefit of a manufacturer’s guarantee (Guarantee) as detailed in the Returns Policy.

RETURNS POLICY

This returns policy (Policy) tells you information about your rights under the Consumer Contracts Regulations 2013 and Consumer Rights Act 2015 for (i) the sale of any finished product, which consists of major domestic appliances (MDAs), small domestic appliances (SDAs), spare parts, cleaning products and accessories (Spare Parts) (collectively known as Products), and (ii) for the provision of any services which may include delivery or delivery and installation or repairs (Services).

These terms will apply to any contract between us for the sale of Products or Products and Services or for the provision of Services (Contract).

We amend these Terms from time to time. Every time you wish to order Products or Products and Services or Services, please check these Terms to ensure you understand the terms which will apply at that time.

Cancellation of the Contract prior to the use of the Product or completion of the Service

1. CONTRACT CANCELLATION UNDER THE CONSUMER CONTRACTS REGULATIONS 2013

1.1 If you are a consumer and you have purchased a Product or Products and Services, you have a legal right to cancel the Contract at any time before or up to 14 days after you have received the Products. This means that during the relevant period if you change your mind or for any reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract.

1.2 For the provision of Services, you have the legal right to cancel the Contract at any time up to 14 days on which the Contract was made. This means that during the relevant period if you change your mind for any reason you decide you do not want to go ahead with the Service, you can notify us of your decision to cancel the Contract.

1.3 To cancel the Contract, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com or use our Cancellation Form attached as Annex 1.

1.4 Your purchase of a Product must be complete, unused and in the same condition as when you received it e.g. if you have removed the Product from the box to examine it you must have done so without damaging or marking it. The Product must be returned with any accessories.

1.5 By entering into a Contract for the purchase of Products and Services, you acknowledge that the Services will be fully completed before the cancellation period is over and if you cancel the Contract you will have to pay us for the Services.

1.6 By entering into a Contract for the purchase of Services, you acknowledge that you will have no right to cancel the Service, where a Service has been started within the cancellation period at your request and has been fully completed before the cancellation period is over.

1.7 Where a Service has been started within the cancellation period at your request, but has not been completed, you still have the right to cancel. However, you will have to pay to us the reasonable costs for the work that we have done up to when you informed us of your decision to cancel. These charges are shown below:

1.8 We will refund the price you may have paid for the Product or Products and Services or Services and if applicable, any basic delivery cost less any deductions which apply in accordance with this Policy, to the card with which you made payment.

1.9 If your MDA(s) has been delivered, then it will be your responsibility to arrange for us to collect the MDA(s). In the case that we will recover the MDA(s) from you, we will charge you a fee of £50 inclusive of VAT to cover the costs that we will incur.

1.10 If your Spare Part(s) has been delivered, then you will need to notify us of your intention to return within 14 days of delivery and we will issue you with a Returns Notification Number. Please make sure to quote this number on the correspondence accompanying the return. You will be responsible for the cost of returning the Spare Part(s). We will refund you the value of your order once we have received your return back into the warehouse. Please note that due to the volume of trade that passes through Whirlpool UK Appliances Limited warehouse we may not be able to process returns that are not accompanied by a Returns Notification Number.

1.11. If your SDA(s) has been delivered, then you will need to notify us of your intention to return within 14 days of delivery and we will issue you with a Returns Notification Number. Please make sure to quote this number on the correspondence accompanying the return. You will be responsible for the cost of returning the SDA(s). We will refund you the value of your order once we have received your return back into the warehouse.

2. SHORT TERM RIGHT TO REJECT UNDER CONSUMER RIGHTS ACT 2015

2.1 If you are a consumer, you have a legal right to reject any Products which do not conform to the Contract at any time before or up to 30 days from the later of delivery or installation of the Products. This right does not apply to the provision of Services and is separate and in addition to your right to cancel the Contract as set out in paragraph 1 above.

2.2 The Contract for the purchase of Products can be cancelled if the Products are not: (i) of satisfactory quality; (ii) fit for a purpose made known to us before you purchased the Product; (iii) as described on our website or any other product guide we have provided you with; or (iv) the installation of the Products was undertaken by us and was performed incorrectly.

2.3 If you notify us of your intention to exercise your right to reject a Product within the 30 day period specified in paragraph 2.1 above, then we may offer you a repair or replacement of that Product in accordance with paragraph 3 below. If you agree to such repair or replacement then your right to reject the Product is suspended for a reasonable time whilst we undertake such repair or replacement. Following completion of the repair or replacement, if the Product still does not conform to the Contract, you will have the longer of (i) 7 days from receiving the repaired or replaced Product, or (ii) the remainder of your original 30 day period to reject such Product.

2.4 To reject a Product, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com. When contacting us, you must inform us of why you are rejecting the Product(s).

2.5 We will refund, in full, the price which you have paid for the Product, including any delivery or installation charges, within 14 days of us agreeing that the refund is due.

2.6 If your MDA(s) has been delivered, then we will contact you in order to arrange a convenient time for collection of the MDA(s).

2.7 If your Spare Part(s) or SDA(s) has been delivered, then when you notify us of your intention to return the Product we will issue you with a Returns Notification Number and provide you with a returns label. Please make sure to quote this number on the correspondence accompanying the return.

3. RIGHT TO REPAIR, REPLACEMENT OR REPEAT PERFORMANCE UNDER THE CONSUMER RIGHTS ACT 2015

3.1 If you are a consumer, you have a legal right to request a repair or replacement of any Products which do not conform to the Contract or to request that we re-perform any Services in order to ensure that they conform to the Contract. In addition, if you notify us of your intention to exercise your short-term right to reject a Product, then we may offer you a repair or replacement of that Product.

3.2 To request a repair or replacement of a Product or the repeat performance of any Services, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com. When contacting us, you must inform us of why you require a repair or replacement of the Product or the reperformance of the Services.

3.3 If the Product or Services still do not conform to the Contract following repair, replacement or repeat performance, if we are unable to offer a repair, replacement or repeat performance because this would be impossible or if we have failed to carry out such repair, replacement or repeat performance within a reasonable time or without causing you significant inconvenience, then you will have the right to a price reduction as set out in paragraph 4 below or, in the case of Products only, to reject the Products as set out in paragraph 5 below.

4. RIGHT TO A PRICE REDUCTION UNDER THE CONSUMER RIGHTS ACT 2015

4.1 Where you have purchased Products and/or Services and one of the circumstances in paragraph 3.3 applies, you have the right to request a price reduction and to receive a refund for any amount which you have paid us in excess of the reduced price.

4.2 To request a price reduction, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com

4.3 If you are entitled to a refund you will receive this within 14 days of us agreeing that the refund is due.

5. FINAL RIGHT TO REJECT UNDER THE CONSUMER RIGHTS ACT 2015

5.1 Where you have purchased Products and one of the circumstances in paragraph 3.3 applies, you have the right to reject the Products.

5.2 To exercise your final right to reject the Products, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com.

5.3 If you reject the Products within six months of them being delivered or installed then you will receive a full refund of any price paid for the Product including any delivery or installation charges within 14 days of us agreeing that the refund is due.

5.4 If you reject the Products later than six months after they are delivered or installed then we may make a deduction in order to take account of the use you have had of the Products in the period since they were delivered.

5.5 When determining the amount of any deduction for use we will consider: (i) the period of time since you received the Product; (ii) the type of Product; (iii) the intended use of the Product; (iv) the expected use of the Product; and (v) any signs or extent of use of the Product. Where appropriate, the amount of any deduction for use may be the full price you paid for the Product.

5.6 You will receive any refund within 14 days of us agreeing that the refund is due.

Manufacturer’s Guarantee

1. MDA AND SDA MANUFACTURER’S GUARANTEE

1. Your purchase of a Product has the benefit of a manufacturer’s guarantee (“Guarantee”), which covers your MDA for 12 months from date of purchase and your SDA for 12 months with an additional 1 year free if you register your SDA within 28 days of purchase. Please refer to the certificate of Guarantee contained within the box of your purchase for more information. Our Guarantee is in addition to your statutory rights as detailed above.

2. SPARE PARTS MANUFACTURE GUARANTEE

2.1 Your Spare Part has the benefit of our manufacturer’s guarantee (“Guarantee”), which covers your Spare Part if, within twelve months from purchase your Spare Part is proven to be faulty or damaged because of either workmanship or material. Our Guarantee is in addition to your statutory rights as detailed above.

2.2 If you received a faulty or damaged Spare Part(s) within twelve months from the date of purchase you may elect to make a claim pursuant to this Guarantee by contacting our Spare Parts Department on 0344 8225 225. We will arrange a returns authorisation and either a replacement part or full refund including the cost of sending the item to you once the Spare Part(s) has been received and inspected. If you would like to exchange a Spare Part(s) for a different one, please notify our Spare Parts Department on 0344 8225 225. when applying for a returns authorisation.

2.3 Please note it takes 2 to 5 business days to process returns once they arrive at our warehouse.

2.4 A full refund will be issued in the same form of payment originally used for the purchase within 3 to 5 business days of us receiving your return. Please allow up to 28 days for funds to appear in your bank account.

2.5 Our Guarantee is subject to the following conditions:

2.5.1 Documentary proof of original purchase date is provided.

2.5.2 Cosmetic damage must be reported within 14 days from the date of purchase.

2.5.3 The Spare Part has been fitted by a suitable qualified or competent person in accordance with our operating and maintenance instructions.

2.5.4 The Spare Part is used in the United Kingdom.

2.6 Our Guarantee does not cover:

2.6.1 Damage resulting from transportation, improper use, neglect or interference or as a result of improper installation.

2.6.2 Accidental damage, this includes but is not limited to, damage which occurs as a result of an external action.

2.7 We manufacture Spare Parts for domestic use only. We understand that in some cases our Spare Parts are used in commercial and/or non domestic situations. We still provide a full 12 months Guarantee subject to the above conditions and that the Spare Part has not been subject to overuse, which is to be determined by us taking into account actual usage versus usage that is expected of a domestically situated appliance.

Annex 1