Terms and Conditions for Use, Service and Sale
North London Appliances.
80-83 Long Lane, London, EC1A 9ET
Last updated May 17, 2017
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO REPAIR ORDERs AND ANY SUBSEQUENT CONTRACT BETWEEN US FOR THE SUPPLY OF THE SERVICES. PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS WILL NOT AFFECT ANY STATUTORY RIGHTS WHICH YOU MAY BE ENTITLED TO FROM TIME TO TIME AND WHICH BY LAW CANNOT BE VARIED OR EXCLUDED.
1. INFORMATION ABOUT US
1.1 We, North London Appliances Ltd, operate the website www.northlondonappliances.com. We are registered in England and Wales under company number 09392734 and have our registered office at 80-83 Long Lane, London, EC1A 9ET.
2. SERVICES AVAILABILITY
2.1 We do not accept orders from outside our coverage area
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old;
3.3 you are resident in the UK.
4. CUSTOMER INFORMATION
4.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
4.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
4.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
4.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your booking. Please note that this does not mean that your booking has been accepted. Your booking constitutes an offer to us to buy services. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms your booking ( Booking Confirmation). The contract between us (Contract) will only be formed when we send you the Booking Confirmation.
6.2 The Contract will relate only to those services whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply any other services which may have been part of your order until the booking of such services has been confirmed in a separate Booking Confirmation.
7. CONSUMER RIGHTS & CANCELLATION
7.1 If you are contracting as a consumer, you have the right to cancel your Contract for services at any time before the expiry of the "cooling-off period", which is a period of seven (7) working days after the date on which our contract with you is formed.
7.2 If your order is cancelled in accordance with clause 7.1 you will receive a full refund of the price paid for the goods and/or services in accordance with our refunds policy (set out in clause 10 below).
7.3 To cancel a Contract, you must inform us via telephone, email or web message no later than 4 business hours prior to the time of your booking time slot.
7.4 You will not have any right to cancel a Contract for the supply services:
7.4.1 after the end of the cooling-off period; or
7.4.2 if you have agreed to performance of these services before the cooling-off period has ended; or
7.5 OUR RIGHT TO CANCEL
The sale and supply of services are always subject to availability of stock, and authorisation of your payment details, so:-
7.5.1 In the event that we are reasonably unable to supply the services which you have ordered and in the time frame of your order due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.
7.5.2 In the event that your payment is not authorised, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.
8. AVAILABILITY AND DELIVERY
8.1 Your order will be fulfilled on the booking date set out in the Booking Confirmation or unless there are exceptional circumstances at mutually agreed alternative date.
8.2 The services will be delivered to you at the address you provided during the order process.
8.3 We shall not be liable for any delay in completing performance of the service, however, caused.
9. FAILURE TO PROVIDE ACCESS
9.1 If delivery of services ordered by you was not successful due to your failure to provide access to the property as per your order, we reserve the right to charge you no access fee of £30.
10. PRICE AND PAYMENT
10.1 The price of the services will be as quoted on our site, except in the event of an obvious error. Our total repair cost includes diagnostic and labour excluding any spare part costs which will be charged separately.
10.2 We normally do not charge VAT on labour. However, we will be required to do if the repair of your machine involves us buying parts from a third-party supplier. In this case, where 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 goods and/or services in full before the change in VAT takes effect.
10.3. Services prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking Confirmation. We will charge you the delivery charges if we order your parts from a third-party supplier.
10.4 Our site contains a number of services and it is always possible that, despite our best efforts, some of the services listed on our site may be incorrectly priced. We will normally verify prices as part of our booking confirmation procedures so that, where services correct price is less than our stated price, we will charge the lower amount when dispatching the good and/or service to you. If service's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming your booking or reject your order and notify you that we are rejecting it.
10.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the services to you at the incorrect (lower) price.
10.6 Payment for all services must be by credit or debit card or cash we accept most major debit and credit cards. However, we do not accept payment by:
10.6.1 Diner’s AmericanExpress; or
10.6.2 AmericanExpress Diners Club; or
11. APPLIANCE REPAIRS
11.1. Our one-off fixed charge covers you against the cost of the service engineers call out, diagnostics & labour no matter how long the engineer is there or for how many visits he makes to repair the fault. The focus of the repair is based on the description of the fault we have been given.
11.2. We aim to repair most domestic appliances, but the manufacturer, appliance type, model and age will have a major influence on whether we can promptly obtain replacement part(s) and ultimately complete the repair. It should also be noted that once a specific appliance is no longer made the manufacturer will only stock replacement parts for a given period.
11.3. We require payment on the day of the engineer’s first visit via Cash or Debit/Credit Card (exc. American Express). Payment for any parts that are to be ordered must be paid for on the return visit. If a required part is a special order or of a large cost we may ask you to pay for the part before we can place the order. Parts which are not required, but have been paid for, will be refunded.
11.4. Our engineer will call out on the agreed date and time to carry out the repair to your appliance. If at the time of the call out any required part(s) are unavailable our service engineer will usually order the part(s) within 1-2 working day of the call out. The item(s) will then be delivered to us within 2 working days of the order being placed. If the part(s) are not in stock this can take anything from 3 working days with the norm being around 10 working days. It should be noted that unfortunately there are a handful of manufacturers whose parts are not easily sourced and in some cases, these have to be obtained from abroad which will result in a delay in completing the repair. As soon as the part(s) are available we will contact you to arrange a new appointment date to complete the repair.
11.5. We repair domestic appliances installed in commercial premises. In such instances we do not offer a guarantee on these repairs.
11.6. In respect of refrigeration equipment we do not cover food loss or spoilage.
11.7. If you wish us to repair more than one of your appliances in your property , we will charge you at the normal repair rate for any additional work agreed upon between you and us.
12. ISSUES THAT MAY ARISE DURING YOUR REPAIR
12.1. If ,at the time of the call out, the fault is found to be as a result of misuse, neglect or poor installation or, the appliance make, type or fault is not as described originally, we reserve the right to charge you the full labour rate corresponding to the brand.
12.2. Where we cannot obtain spare parts from our suppliers to repair your appliance, we reserve the right not to fix your machine. Under such circumstances, we will only charge the diagnostic / administration fee, which is £40.
12.3. If your appliance cannot be easily accessed to facilitate the repair we reserve the right to abort the repair. In such instances, we reserve the right to charge you an indemnity fee of £40.
12.4. You are expected to give as much notice as possible when cancelling repairs. If we have already attended your premises and the repair is underway you will be charged the repair cost (including diagnosis and labour) if you cancel at that point.
12.5. You shall provide safe and sufficient access for installation or removal of any goods. Whilst we will take care to install or remove appliances without damage to flooring or adjacent fittings, we cannot be liable for any such damage unless it was due to our negligence. We will endeavour to notify you if we believe insufficient access is available and you may cancel your contract if you do not wish to take the risk of damage to the surrounding area. Any damage must be reported to the engineer at the time of visit or within 48 hours to the Service Manager.
12.6. If we are unable to repair your product due to parts being obsolete/unobtainable or the product is simply uneconomical to repair then you will be charged the diagnostic / administration fee, which is £40. Any parts fitted will be refunded or not charged for after removal. You will receive a discount off of a new appliance to the value of half the labour rate paid when purchased with a service Installation.
13.1 All North London Appliances repairs are guaranteed for 12 months, for both labour and parts. This guarantee does not cover any subsequent unrelated breakdown / fault(s) to the appliance. It also becomes invalid if the appliance is moved to a new address.
13. OUR LIABILITY
13.1 Subject to clause 13.3, our maximum aggregate liability to you for losses or damages suffered shall not in any circumstances exceed the price paid for the services.
13.2 Subject to clause 13.3, we will not be liable for the following losses:
13.2.1 loss of income or revenue;
13.2.2 loss of business;
13.2.3 loss of profits;
13.2.4 loss of anticipated savings;
13.2.5 loss of data; or
13.2.6 waste of management or office time.
However, this clause 13.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories of this clause.
13.3 Nothing in this agreement excludes or limits our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982;
13.3.4 defective goods under the Consumer Protection Act 1987;
13.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 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 events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks;
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
16.2.7 pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
18.1 If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order goods and or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods and or service).
21. CUSTOMER COMPLAINTS
We endeavour to respond to all customer complaints or queries within five working days.
22.1 North London Appliance Repairs grants you a licence to access the content, information and services contained within our website for personal use only.
22.2 This licence allows you to download and cache (using your browser) individual pages from our website.
22.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
22.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
22.5 Our website cannot be placed within the frame-set of another site.
22.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
22.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
23.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of North London Appliance Repairs unless expressly acknowledged as otherwise.
23.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
24. LAW AND JURISDICTION
24.1 Contracts for the purchase of goods and or services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
25. THIRD PARTY RIGHTS
25.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.