Terms & Conditions
Trade Terms & Conditions
To view the Terms & Conditions for Trade Buyers please refer to the section on Trade Accounts
Consumer Terms & Conditions
To view the Terms & Conditions for Consumers please see the Consumer Terms & Conditions section below.
A Consumer is any user who doesn’t currently hold a PremiAir Comfort Trade Account.
Website Terms & Conditions
To view the Website Terms & Conditions please see the Website Terms & Conditions section below.
CONSUMER TERMS & CONDITIONS
This page tells you the terms and conditions on which we will supply you with the products detailed on our website at www.portacoolers.co.uk (the Website). Please read these Conditions carefully prior to ordering any of our products and we advise you to print a copy of these Conditions for future reference. By ordering from the Website you agree to be bound by these Conditions including the terms of any other hyper-linked sections.
1.1 In these Conditions (unless the context otherwise requires):
Conditions means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
Consumer means any natural person who is acting for purposes which are outside his trade, business or profession;
Contract means any contract for the sale and purchase of the Goods made between you and us;
Goods means the goods (or any instalment or part of them) to be supplied by us to you pursuant to the Contract;
Return of Goods Policy means the policy detailed at Condition 12 that deals with the return of Goods pursuant to the Contract by you to us;
Territory shall have the meaning as set out in condition 3.1;
we means PremiAir Comfort Limited with company number 08859545 and with a registered office at Office 11, Consett Innovation Centre, Genesis Way, Consett, Durham, DH8 5XP and whose VAT registration number is 180449404 and “us” and “our” shall be construed accordingly;
you means the Consumer that places an order with us and “your” shall be construed accordingly.
1.2 The headings to the Conditions are intended for reference only and shall not affect their construction or interpretation.
1.3 References to any statute or statutory provision include a reference to that statutory provision as from time to time amended, extended or re-enacted.
2 Information about us
2.1 The Website is owned and operated by us and our contact details are:
(a) PremiAir Comfort Limited, Office 11, Consett Innovation Centre, Genesis Way, Consett, Durham, DH8 5XP;
(b) Email: firstname.lastname@example.org or email@example.com (c) Contact telephone number: 0191 267 9100
3 Your Status
3.1 The Website is only intended for use by customers resident in the United Kingdom (the Territory) and we do not accept orders from any customers outside of the Territory.
3.2 In placing an order with us, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you have the necessary permission and authority to enter into this Contract;
(c) you are at least 18 years old;
(d) you are resident in the Territory; and
(e) you are accessing the Website from within the Territory.
4 Basis of the Sale
4.1 These Conditions and the terms of the Return of Goods Policy shall be incorporated into each and every Contract made between us and you and shall apply to the Contract to the exclusion of any other terms or conditions put forward by you, whether oral or written (including any conditions you purport to apply) or which are implied by customs, practice or law.
4.2 All samples, statements, specifications, drawings, information, warranties, conditions and particulars of weights, dimensions and performance issued by us are approximate and for guidance purposes only and any reference to them is not intended to form the basis of any Contract.
5.1 Once you have chosen the Goods you wish to purchase from the Website you will select to have the Goods delivered or to reserve and collect the Goods from one of our branches. You are responsible for ensuring the accuracy of your order. Following an order being placed by you, we will send an e-mail acknowledging that such order has been received. This e-mail does not constitute an acceptance of your order and all orders are subject to acceptance by us in accordance with conditions 5.2 (in the case of Goods for delivery) and 5.3 (in the case of Goods for collection) below. We reserve the right to reject an order for any reason.
5.2 In the case of Goods for delivery, we will contact you to confirm a convenient delivery time and date. We are not able to process or deliver orders on UK Bank Holidays, Saturdays and Sundays and days designated for stock take. Acceptance of your order and completion of the Contract between you and us will take place on despatch to you of the Goods unless we have notified you that we do not accept your order or you have cancelled it (please refer to the Returns and Refunds section.) We cannot accept an order until payment is received in full for all products and any related delivery charges.
5.3 In the case of orders for collection by you, we will contact you, on the contact telephone number you provided during the order process, when the Goods are available for collection. The Goods will be reserved for 5 (five) working days from the date on which all Goods subject to the Contract become available for collection and if you have not collected the Goods by the expiry of this period we shall treat such order as cancelled. Collection of the Goods and receipt of payment in full will be deemed to be the point at which a Contract is entered into and becomes legally binding in the case of orders for collection.
5.4 All orders are subject to stock availability. If we are unable to supply any products that you have ordered, we will inform you as soon as possible. In the event that an out-of stock product is part of any order and we cannot contact you, we will send what Goods we have in stock, refunding the purchase price of any unavailable Goods where payment has already been made.
5.5 No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until authorised in writing by one of our managers.
5.6 Certain Goods are the subject of a legally prescribed age restriction and must be collected from our premises. You are therefore required to confirm that you are over the age of 18. You acknowledge and accept that we may carry out further checks to verify your age and proof of age may need to be provided to us upon collection of the Goods. We will notify you if your order contains any such Goods.
6.1 The Website is only for delivery of products to customers in the United Kingdom, Channel Islands, Isle of Man and Scottish Islands. Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations. Such charges will be made clear to you before the Goods are supplied.
6.2 We will deliver the Goods to the address specified for delivery by you in your order. It is important that this address is accurate.
6.3 We aim to provide you with an accurate date on which the Goods will be ready for collection or delivery (as applicable). All delivery times and dates are estimates. We will try our best to meet the delivery estimates we have given you but shall not be responsible for any failure to deliver Goods within these time frames. We will let you know if we cannot deliver your products within 30 days of the date of your order, and give you the opportunity to either wait for the Goods or cancel your order.
6.4 Where we become aware that the date for collection or delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date We will not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the delivery date. We strongly recommend that you do not book fitters or tradesmen until the Goods have actually been delivered and checked by you.
6.5 When a delivery date has been arranged, you must ensure that someone is available at the address to accept the delivery. All deliveries must be received and signed for by a person over the age of 18.
6.6 We will always try to make one single delivery to you wherever possible to minimise any inconvenience. This means that when an order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order. This is save where you have specified that you will accept multiple deliveries during the order process on the Website. We reserve the right to deliver by way of instalments.
6.7 If we are unable to effect delivery on arrival at the delivery address for any reason, an additional charge for any return or subsequent visit will be made. Should no-one be available to take the redelivery we may cancel the order and refund the purchase price, excluding any delivery charges.
7 Loss or Damage to Goods
7.1 We request that you examine the Goods on delivery or on collection (as the case may be) as soon as reasonably possible to do so.
7.2 Where you wish to return Goods because they are damaged or defective, we request that you do so in accordance with our Return of Goods policy.
8.1 The price of the Goods and our standard charges for delivery shall be the prices given on the Website from time to time and as confirmed by us in our email acknowledging that such order has been received. Such e-mail shall include any additional costs in respect of carriage, insurance, and/or storage (less any discount we allow). Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations within the Territory. We will notify you where such charges apply before the Goods are supplied and give you the opportunity to either accept the additional charges or cancel your order.
8.2 Prices of Goods or delivery charges are liable to change at any time, but changes will not affect orders in relation to which we have already contacted you to confirm the dispatch of the Goods in accordance with condition 5.2.
8.3 While we will try to ensure that all prices in our literature or on our website are accurate, errors may occur or the price may change for reasons beyond our control. If we discover an error or need to increase the price of the Goods you have ordered, we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it.
8.4 If we are unable to contact you pursuant to Condition 8.3 above we will treat the order as cancelled or where you decide to cancel your order and have already paid for the Goods, we will give you a full refund.
8.5 The price of the Goods shall be inclusive of VAT.
8.6 Payment for all Goods shall be made by credit or debit card at the time the order is placed in the case of orders for Goods to be delivered, or at the time of collection in the case of orders for Goods to be collected (as the case may be). The Website will specify which cards we will accept from time to time. If it is not possible to obtain the full payment for the Goods from the payment details you provided then the Contract can be cancelled by us and any further deliveries may be suspended.
9 Risk and Property
9.1 Risk of damage to or loss of the Goods shall pass to you:
(a) where Goods are to be collected from our premises, from the time you collect the Goods from us; or
(b) where Goods are to be delivered to you, at the time we deliver them to your premises.
9.2 Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not take place until we receive payment in full and cleared funds for all sums due and owing under the Contract. Until such time that we are in receipt of all sums due and owing, we shall remain the owner of the Goods.
9.3 Until such time as the Goods are paid for in full and cleared funds, you shall be responsible for taking reasonable care of the Goods. Where possible, you are required to store the Goods separately from all other goods in your possession in such a way that the Goods can be readily identified as still being ours. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled to seek a court order to enter upon your premises or any other third party premises where the Goods are stored for the purpose of repossessing the Goods.
10.1 The Contract or performance of all or any of the obligations under the Contract may be withheld, varied or suspended if any one (or more) of the following events occur:
(a) where the Goods are unable to be delivered or collected in accordance with the terms of the Contract;
(b) either party makes any voluntary arrangement, becomes bankrupt, insolvent or commits any other act of bankruptcy; or
(c) either party commits any breach of the Contract and has failed to remedy such breach (where capable of remedy) within 30 days of being notified by the other party of the existence of the breach.
10.2 If we are unable to supply you with the Goods you have ordered for any reason (beyond our control) and it is necessary to make alternative arrangements or offer you a substitute product, we will notify you and you will have the option to either accept the replacement product or cancel your order and receive a full refund.
11 Warranty and Liability
11.1 We warrant to you that any Goods purchased from us through the Website will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied.
11.2 This warranty is given subject to the following conditions, and we shall be under no liability in respect of:
(a) any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
(b) any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection (if so required).
11.3 We shall not be liable for any claim relating to any breach of warranty, express or implied, brought after the expiry of the period of twelve months from the date on which the Contract was made (or, in the case of Goods, after the expiry of such longer period (if any) as may be provided for by or on behalf of the manufacturer of those Goods).
11.4 Save for the remedies set out in our Returns and Refunds section (below) and to the extent permitted by law, we will not be liable, in contract, tort (including, without limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:
(a) Any economic losses (including without limitation loss of revenues, data profits, contract, business or anticipated savings);
(b) Any loss of goodwill or reputation;
(c) Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under the Conditions.
11.5 Notwithstanding the above, but subject to 11.6 below, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s).
11.6 Nothing in these Conditions shall limit or exclude either party’s liability for:
(a) death or personal injury resulting from the negligence of either party, its employees or agents;
(b) fraud or fraudulent misrepresentation; and/or
(c) any matter in respect of which it would be unlawful for either party to restrict or exclude liability
11.7 The provisions of this Condition 11 shall survive termination of the Contract.
12 Returns and Refunds
Please refer to our separate Returns/Refunds policy
13.1 When using the Website you accept that communication with us will be mainly via electronic means. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that are provided electronically comply with any legal requirement that such communications be in writing. This Condition does not affect your statutory rights.
13.2 All notices given by you to us must be given to us for the attention of the Sales Administrator at PremiAir Comfort Limited, Office 11, Consett Innovation Centre, Genesis Way, Consett, Durham, DH8 5XP or at firstname.lastname@example.org and shall quote the reference “Sales”. We may give notice to you at either the e-mail or postal address provided when the order was placed, or in any of the ways specified in Condition 13.1 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.3 Neither party shall be liable to the other or deemed to be in breach of the Contract by reason of any delay or failure to perform any of their obligations if the delay or failure to act is due wholly or in part to a cause beyond that party’s reasonable control.
13.4 A person who is not a party to the Contract shall not have any rights under or in connection with it.
13.5 These Conditions shall not create any agency or partnership between us and you or any third party.
13.6 We may assign, license or sub-contract all or any part of its rights or obligations under a Contract. This Contract is personal to you and you may not assign, license or sub-contract all or any of its rights or obligations under these Conditions without our prior written consent.
13.7 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of that or any subsequent breach of the same or any other provision.
13.8 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
13.9 The Website, its contents and any Contracts formed as a result of its use shall be governed and construed in accordance with English law and each of the parties hereby submit to the non-exclusive jurisdiction of the English courts to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
13.10 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.
13.11 We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the Website and will take effect immediately. You should, therefore, read the terms and conditions each time you access the Website.
WEBSITE TERMS AND CONDITIONS
1. Website Operator
1.1 This website is operated by PremiAir Comfort Limited, (registered number 08859545, VAT registration No 180449404) whose registered office is at Office 11, Consett Innovation Centre, Genesis Way, Consett, Durham, DH8 5XP. Tel 0191 267 9100
e-mail: email@example.com or firstname.lastname@example.org
1.2 PremiAir Comfort Limited grants you a non-exclusive licence to use this website upon the following terms and conditions.
All the content provided on this site is the property of PremiAir Comfort Limited or its suppliers and protected by U.K. and International Copyright Law as is the software used in the real time publication of this website. Any use, except for the purposes of online procurement and information gathering, is strictly prohibited.
3. Use of Site
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose save with the prior written consent of PremiAir Comfort Limited.
4. Accuracy of Information
4.1 PremiAir Comfort Limited and the companies whose products are depicted within this site do not represent or warrant the accuracy or reliability of any of the content or information contained, downloaded, linked or accessed through this website.
4.2 Any reliance which you place upon any information contained on this website or on any website to which this website is linked will be at your sole risk and it is solely your responsibility to ensure that any product or service about which information is published on this website meets your requirements.
4.3 PremiAir Comfort Limited reserves the sole and exclusive right in its absolute discretion to make any amendment, improvement, alteration or discontinuance of any of the information or content of this website without notice.
5.1 This website may contain links to other websites. PremiAir Comfort Limited accepts no responsibility or liability for the content of other websites which are not under the strict control of PremiAir Comfort Limited. Any link is not intended to be, nor should be construed as, an endorsement of any kind by PremiAir Comfort Limited of that other website.
5.2 You may not create a link to this website from another website or document without PremiAir Comfort Limited prior written consent.
6.1 PremiAir Comfort Limited does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site. PremiAir Comfort Limited will not be liable for damage to, or viruses that may affect, your computer equipment, software, data or other property as the result of your access to, use of or browsing of this website or your downloading of any materials, data, text or images.
6.2 THE INFORMATION AND CONTENT OF THIS WEBSITE ARE PROVIDED BY PREMIAIR COMFORT LIMITED ON AN “AS IS” BASIS AND PREMIAIR EXPRESSLY DISCLAIMS ALL AND ANY WARRANTIES, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW INCLUDING WITHOUT LIMITATION WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF ANY OF THE SERVICES, PRODUCTS OR INFORMATION CONTAINED ON THIS WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (EXCEPTING IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM PREMIAIR’S NEGLIGENCE) PREMIAIR COMFORT LIMITED EXCLUDES LIABILITY FOR ANY CLAIMS, LOSSES, DEMANDS OR DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT OF THIS WEBSITE AND THE MATERIALS AND PRODUCTS AND SERVICES REFERRED TO IN THE WEBSITE INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES HOWSOEVER ARISING AND WHETHER IN STATUTE, CONTRACT OR TORT.
8. Complete Agreement
8.1 These terms and conditions (including the privacy statement referred to in clause 7) contain all the terms which you and PremiAir Comfort Limited have agreed in relation to the use of the website. Additional terms and conditions will apply when you order goods.
9. Applicable Law and acceptance of these terms and conditions
9.1 This site is intended to promote the sale of products within the United Kingdom only and is not intended for use by any persons outside of that area. Any disputes arising in connection with the use of this website will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
9.2 Your continued use of this website indicates your acceptance of these terms and conditions.