The Designer Radiators web site provides information on our range of innovative, elegant and chic Designer Radiators delivered direct to you from the supplier at discount prices. Please allow 28 days for delivery of all our radiators and accessories via our experienced carrier who will deliver throughout mainland UK and Ireland. Unicom IBC Ltd aims to provide high service standards and product quality.
TERMS AND CONDITIONS
1 Definitions - Under the terms and conditions of sale set out below:
1.1 “the Company” means UNICOM IBC Ltd;
1.2 “the Buyer” means the corporation, firm, company, institution, person or persons to whom a quotation is made or to whom Goods are sold by the Company;
1.3 “Goods” mean products or services supplied by the Company under this Contract;
1.4 “this Contract” means the contract for the purchase and sale of Goods under these Conditions;
1.5 “these Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Company;
1.6 “this Web Site” means the website that you are currently using (www.unicom-designer-radiators.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
1.7 “User” / “Users” means any third party that accesses this Web Site and is not acting in the course of business for the Company.
2 General
2.1 Any order accepted by the Company whether or not it is based on or results from this or any other quotation or tender given by the Company is deemed to incorporate these Conditions: No variation or modification of or substitution for these Conditions (even if included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.
2.2 The Company may refuse to accept an order:
2.2.1 Where Goods are not available;
2.2.2 Where we cannot obtain authorisation for the Buyer’s payment;
2.2.3 If there has been a pricing or product description error;
2.2.4 If the Buyer does not meet any eligibility criteria set out in these Conditions; or
2.2.5 For any other reason at the sole discretion of the Company.
2.3 Orders by cable, telegram, telex or telephone are accepted only at senders risk and subject to these Conditions. They should always be confirmed in writing.
2.4 The Company reserve the right to refuse to supply any individual or company.
2.5 Every care has been taken to provide accurate descriptions, however the Company is not responsible for slight variations occurring in colour, shades or text descriptions.
2.6 This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that of our affiliates. The Company assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
3 Copyright
3.1 All site design, text, graphics, the lay-out and selection of these components; of all software applications, underlying source code, software compilations and all materials on our web-site are the copyright of the Company. ALL RIGHTS RESERVED.
4 Privacy
4.1 Use of this Web Site is also governed by our Privacy Policy which is incorporated into these Conditions by this reference. To view the Privacy Policy, please click on the link above.
5 Errors
5.1 Any typographical, clerical or other accidental errors or omissions on this Web Site or in any quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
5.2 The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
6 Cancellation
6.1 Orders accepted by the Company may not be cancelled unless agreed in writing by the Company.
6.2 Cancellation of goods ordered to the Buyer’s own specification would not be accepted. This applies to all goods deemed specialist by way of being specifically ordered, bespoke, cut or unique in character for the Buyer.
6.3 The Goods on this Web Site are manufactured wholly to the specifications of the Buyer and as such are deemed bespoke products. Once the order is placed there is no ‘Right to Cancel’ – the cancellation charge would be 100% of the unit cost(s).
6.4 In the event that the Company agrees to accept a cancellation it reserves the right to recover any costs incurred in the processing of that order to the date of cancellation.
7 Price
7.1 Prices are correct at the time of going online. The Company reserves the right to change or withdraw listed prices without notice. Prices are subject to changes in VAT. The Company reserves the right to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate information or instructions.
7.2 Unless otherwise stated, all prices are exclusive of packaging, delivery, installation services and VAT.
7.3 Orders can only be accepted subject to the condition that the Goods will be invoiced at prices ruling on the date of dispatch from the warehouse, unless otherwise stated on an official quotation from the Company. All orders for Goods are subject to availability.
7.4 Unless amended or withdrawn, the Company’s quotation is open for acceptance for the period stated therein or where no period is stated for 30 days after the date thereof. The Company’s quotation is not an offer but merely an invitation to the Buyer to make an order for the Goods under these Conditions.
8 Payment
8.1 Liability for full payment for Goods shall arise with order (or 10% of the order in the event of a template service being required. Balance in full is payable following template). Price may vary if details vary. Payment may be made by credit or debit card, cleared cheque or banker’s draft. No deliveries or manufacture can take place until the Company receives such payment. Should payment not made by such date or if the Buyer is in default as regards payment under this contract with the Company, the Company (without prejudice to its other rights) reserves the rights:
8.1.1 To suspend deliveries under this Contract for so long as the default continues;
8.1.2 To serve notice on the Buyer that if sums due under this Contract are not paid within 14 days the Company shall be entitled to treat this Contract as repudiated; or
8.1.3 To sue for the price, notwithstanding that property in the Goods has not passed to the Buyer.
8.2 After service of the notice described in sub-clause 8.1.2 above, or on the occurrence of any of the circumstances described in sub-clauses 10.4 and 13.8 as entitling the Company to treat this Contract as repudiated, the Buyer shall not submit Goods to any process of manufacture, incorporate them nor mix them with other goods, nor change their nature in any way whatsoever nor shall the Buyer sell any Goods which are still the property of the Company to a third party until all monies due to the Company are paid.
8.3 The Company uses a safe and secure shopping system over the Internet. All the Buyer’s details are encrypted in the software when the order is placed. The details are only decrypted when they reach our computer network and are not held in clear text in storage mechanisms on any web site. Personal details are only used to process the Buyer’s order and provide updates/offers/news from the Company. The Buyer may email the Company at any time to cancel such updates.
8.4 None of the Buyer’s financial details are stored and for security will be required to be re-entered for each transaction. The Company knows of no documented cases of credit card fraud using our shopping system. The aim of the Company is to safeguard the Buyer and protect the Buyer’s details.
9 Fulfilment of Order
9.1 In the event that the original requested order is not available the Company reserves the right to upgrade the Buyer’s order to the nearest available equivalent. Such an upgrade/ amendment will be without charge to the Buyer.
10 Delivery
10.1 Delivery is charged at GBP 50.00 inc VAT to mainland UK and GBP 100.00 inc VAT to Ireland. Other areas/countries delivery charges may be available on request. The Company aim to fulfil all orders within 4 weeks. The Company will advise the Buyer, by email, of an expected week of delivery within 2 days from receipt of the order. Our carrier will contact the Buyer shortly before dispatch to confirm a convenient delivery date.
10.2 Deliveries are Monday-Friday between 8am - 6pm. The Company do not have access to the delivery schedules and therefore are unable to advise a specific delivery time. Drivers are requested to call 2 hours prior to delivery where possible. In the event the Buyer will not be available to take delivery, it is the responsibility of the Buyer to arrange an authorised representative to receive and check the Goods on the Buyer’s behalf.
10.3 The Company will arrange delivery to the Buyer’s credit/debit card address, or an alternative delivery address if required. The Buyer must provide a valid landline telephone number for the cardholder address, particularly where delivery is required to an alternative address. The Company regret that orders cannot be accepted where this information is not available.
10.4 Unless otherwise agreed, delivery shall take place kerbside at the address supplied by the Buyer. If by reason of the Buyer’s default the goods are not taken up or delivered by the date specified in the Contract, the Company may either treat the Contract as repudiated or alternatively store the Goods at the Buyer’s risk and expense. Estimates of delivery dates and times are to be regarded as approximate only and the Company accepts no liability for any loss, injury, damage or expenses as a result of or consequent to any delay in delivery of Goods. Delay due to circumstances outside the control of the Company shall not entitle the Buyer to cancel any order or refuse to accept delivery. Offers for delivery from stock are made subject to the Goods remaining unsold on receipt of order.
10.5 If and when required the Buyer shall provide all necessary assistance to the Company in unloading Goods at the point of delivery by way of a minimum two able-bodied helpers. It is the driver’s responsibility to deliver the Goods to within safe and practical distance to both themselves and the vehicle from the delivery point only and not into the delivery address.
10.6 The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliance by the Company with the Buyer’s delivery instructions. Failed deliveries are rechargeable at the cost charged or incurred to the Company.
10.7 Goods MUST be checked on delivery. Where the Goods are delivered by outside carriers, damage or part loss claims cannot be entertained unless the carrier and the Company are notified on the day of delivery and confirmed in writing within one day from date of delivery.
10.8 Where the Company delivers the Goods and a receipt of delivery note signed by the Buyer (or the Buyer’s authorised representative) is received, the Goods will be considered as examined and therefore the Company can entertain no claim for damage or loss. The Buyer may not exclude this provision either by marking his signature 'unexamined' or by failing to return the signed delivery note or otherwise. It is the Buyer’s responsibility to make this clear to any representative authorised to receive and sign for the Goods on the Buyer’s behalf.
10.9 The Company shall not be liable for any claims made in respect of costs incurred in replacing or re-fixing damaged or faulty Goods. The Company’s liability is to replace damaged or faulty Goods only in accordance with the Manufacturer’s Guarantee.
10.10 Flawed Goods if fitted are deemed as accepted – The Company is not responsible for any loss or cost incurred should it agree to replace the flawed Goods. The Buyer is liable for replacement product and delivery/installation costs. This does not affect statutory rights.
11 Returns
11.1 Goods are manufactured to the order of the Buyer pursuant to sub-clause 6.3 and are not returnable unless it can be proven that the Goods were supplied faulty. The statutory rights of the Buyer are unaffected.
12 Guarantees
12.1 There is a 2 year Manufacturer’s Warranty. If the Goods require to be returned they must be done so at the risk and expense of the Buyer and in the original packaging. If the Goods arrive to the supplier damaged they cannot be replaced. If the Buyer requests new packaging in order to return the Goods safely there will be an additional charge for new boxes, packaging and transport. The Goods will be returned to the manufacturer in Germany where they will be tested to determine any fault and the findings will be reported back to the Company and the Buyer. If the Goods are deemed faulty, and have not been damaged by the Buyer, they will be replaced free of charge to the Buyer within the 2 year warranty period.
12.2 The Company provides no additional guarantees.
13 Risk and Retention of Title
13.1 Risk shall pass when the Goods are delivered kerbside to the Buyer. Goods shall be at the risk of the Buyer or their agent at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading. Or, at point of loading, if the Buyer or a carrier/agent is collecting the Goods representing the Buyer. Delivery being defined as in clause 10 above.
13.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Company has received cleared funds in full payment of the price of the Goods, and any other sums payable under this contract.
13.3 Until such payment has been made to the Company in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Company and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being the property of the Company and shall insure the Goods against all reasonable risks.
13.4 In the event that the Buyer sells or transfers the Goods to a third party before legal and beneficial title has passed to him under these Conditions, the proceeds of the sub-sale or transfer (or such proportion as is due to the Company) shall be held by the Buyer on behalf of the Company. The Buyer shall ensure that such moneys are held separately from, and are in no way mixed with, any other moneys or funds, and that all moneys held on the Company’s behalf are identified as such.
13.5 If the Goods are manufactured into another form or are used in the process of manufacturing other goods, the Company shall acquire legal and beneficial title to the resulting goods, or a proportion of the title equal to the contribution made to the resulting goods by the Goods.
13.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Buyer does so all money owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
13.7 On notice pursuant to sub-clause 8.1.2, all Goods which remain the property of the Company shall forthwith be redelivered to the Company at the Buyer’s risk and expense. The Company reserves the right to repossess any Goods in which the Company retains title without notice and for the purpose of taking possession of such Goods the Buyer hereby grants to the Company’s representative a license to enter upon its premises or any other premises where those Goods are stored during normal business hours to remove such Goods and carry out inspection of the Goods to ensure compliance with the storage and identification requirements of sub-clause 13.3.
13.8 The Buyer’s right to possession of the Goods in which the Company maintains legal and beneficial title shall terminate and this Contract be treated as repudiated if;
13.8.1 The Buyer commits or permits any material breach of his obligations under these Conditions;
13.8.2 The Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme, or arrangement is made with his creditors;
13.8.3 The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
13.8.4 The Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; Or
13.8.5 On any other event or default of any nature whatsoever which would cause the Company reasonably to consider that its legal and beneficial title of the Goods, or in their proceeds of resale by the Buyer, may be adversely affected, or that it is unlikely to be paid in full for the Goods.
13.9 If not withstanding the Buyer’s default, the Company chooses to enforce this contract. It shall recover and sell only so many of the Goods as may be necessary to obtain the full purchase price, Interest and other sums due from the Buyer with such further sum as represents proper damages for the Buyer’s breach of contract. Any surplus Goods or funds obtained from such resale shall be passed on to the Buyer. If the Company chooses to treat this contract as repudiated, the Company shall repay to the Buyer any part payment of the purchase price of those Goods which remains after deduction of an amount representing damages for the Buyer’s breach of contract.
14 Notices
14.1 Notices shall be in writing by email or sent to the address of the appropriate party set out on the face of this Contract or to such other address as may from time to time (by notice to the other party) be designated, and notices shall be deemed to have been duly given:
14.1.1 On the date of transmission if sent by email, fax, telex, telecopier, cable or telegram;
14.1.2 On the date of delivery if delivered by hand; or
14.1.3 Two days after the date of posting if sent by First Class Mail.
14.2 In proving service by post it shall be sufficient to prove the envelope containing the notice was properly addressed, stamped and posted, and in proving service by telex, that the intended recipients answerback code is shown on the copy retained by the sender at the beginning and end of the telex.
15 Changes to the Service and these Conditions
15.1 The Company reserves the right to change this Web Site, its content or these Conditions at any time. Users and Buyers will be bound by any changes to these Conditions from the first time the web site is used by them following the changes. If the Company is required to make any changes to these Conditions relating to sale of the Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Buyers in the future.
16 Limitation of Liability
16.1 To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Web Site or any information contained therein.
16.2 Whilst every effort has been made to ensure that these Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these Conditions are found to be unlawful, invalid or otherwise unenforceable, that condition is to be deemed severed from these Conditions and shall not affect the validity and enforceability of the remaining Conditions. This condition shall apply only within jurisdictions where a particular condition is illegal.
17 No Waiver
17.1 No relaxation, forbearance, indulgence or delay by either party in enforcing any of the conditions of this Contract or the granting of time by either party to the other shall affect, prejudice or restrict the rights of the other party under this Contract nor shall any waiver of any breach of this Contract operate as a waiver of any subsequent breach.
18 Governing Law and Jurisdiction
18.1 Any contract subsisting between the Company and the Buyer shall be construed in all respects in accordance with the Laws of Scotland and unless otherwise arranged is subject to the jurisdiction of the Scottish Courts.
18.2 Use of this Web Site and any purchase is governed by Scottish Law and will be deemed to have occurred in mainland United Kingdom.
