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Terms & Conditions

Consumer Online Terms and Conditions of Sale

TRADING NAME:
All orders are placed with Hays Of Erroll which is a business name of North Island Plumbing & Radiators Ltd.  Registered in Scotland No. 283891. VAT registration No. 890 4274 10.  Registered Office: North Island Plumbing & Radiators Ltd. The House, Buchanness Lighthouse, Bridge Street, Boddam AB42 3NF.
These terms and conditions will apply to all sales of products made by Hays of Erroll to our customers.

1. Definitions

 In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
 Hays of Erroll means Hays of Erroll, registered address, The House, Buchanness Lighthouse, Bridge Street, Boddam, AB42 3NF
 ‘Goods’ means the products which we are selling to you as set out in the Order.
 ‘Order’ means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
 ‘Unexpected Event’ shall have the meaning given to it in clause 12.
 ‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.
 ‘We’ and ‘Us’ and related expressions mean Hays of Erroll as detailed above.
 ‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.
 ‘Consumer’ means any person who, in buying goods is acting for purposes that are outside their business.
 ‘Special orders’ means any goods which are made to your specification, non-stocked items which are ordered specifically for your order, or items which are clearly personalised.

2.  Basis of Contract

2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods.  Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract.  Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4
2.2  If any terms are inconsistent with the terms of the Order, the Order shall prevail.
2.3  The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4  These terms shall be binding upon you and us when we notify you with a written acceptance of an Order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5  We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory   requirements and changes in the capabilities of any systems operated by us.  You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.6  To be eligible to purchase products you must be over 18 years of age; registered by providing your name, phone number, email address, payment details and other requested information including a valid UK delivery address; and   possess a valid credit or debit card issued by a bank acceptable to us. 

3. Cancellation/Cooling Off and Order Amendments

3.2  With the exception of ‘special’ orders, you may amend your order with us at any time before the packing date.  Please contact us on 01779 481996 or email sales@haysoferroll.co.uk.  Order amendments notified to us after the  scheduling date may delay the previously agreed delivery date and time.  We will endeavour to amend your order in time for despatch as previously agreed; however should there be insufficient time we will make contact with you to re- arrange a later delivery date.
3.3  You may cancel your order with us at any time between the date we accept your order and 10 working days after the goods were received by you.   Please see our  returns policy in section 11. Please contact Sales on 01779 481996 or sales@haysoferroll.co.uk. If you cancel your order, you shall have no further claim against us under that contract.
3.4  If you exercise your right to cancel or amend your order, any refunds due will be refunded within 30 days.

4.  The Goods

4.1  We warrant that on delivery the goods shall:
4.1.1 comply in all material respects with their description on the Order;
4.1.2 be of satisfactory quality;
4.1.3 be fit for purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
4.1.4 be free from any material defects in design, material or workmanship; and
4.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
4.2  The warranties set out in this clause 4 are in addition to your legal rights in relation to Goods which are faulty or which do not otherwise confirm with these Terms.  Advice about your legal rights is available from your local Citizens’  Advice Bureau or Trading Standards office.
4.3  This warranty does not apply to any defect in the Goods arising from:
4.3.1 fair wear and tear, wilful damage, accident or negligence by you or any third party;
4.3.2 use of the Goods in a way that we do not recommend;
4.3.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which we have provided to you; or
4.3.4 any alteration or repair you carry out without prior written approval.

5. Price and Payment

5.1  The price of goods shall be the price in force at the time you confirm your order.  We reserve the right to update our price list from time to time without providing specific notice to you.
5.2  The price includes VAT (unless otherwise stated).  VAT will be charged at the rate applying at the time of delivery.
5.3  The price or goods excludes delivery (unless otherwise stated).  The cost of delivery shall be as specified in the order.
5.4  Payment of all Goods must be made in advance.  We accept payment with Visa, Maestro, Mastercard and American Express payment cards. 

6. Delivery

6.1  The Goods will be delivered to your delivery address specified on the Order. 
6.2  Delivery of the order shall be complete when we deliver the Goods to you.
6.3  If we are not able to deliver the whole of the Order at one time for any reason including operational reasons or shortage of stock, we will deliver the Order in instalments.  We will not charge you extra delivery costs for this.  If you ask us  to deliver the Order in instalments, we may charge you extra delivery costs.  Each instalment shall constitute a separate contract.  If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any  other installment.
6.4  We will take reasonable steps to meet the delivery estimate set out on the Order (or as otherwise agreed between us in writing).  However, occasionally delivery may be affected by factors which we do not control and so cannot be  guaranteed.  We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you.  We shall have no liability for late delivery except where time has been made the essence of the contract and  agreed by both parties in writing at time of ordering.

6.6  We aim to get your items to you as soon as possible and ideally within 10 working days of placing your order (for made to order items see delivery times next to product). We are a small family business and orders are sent out from our shops – we do our best! We offer a huge range of items and, in particular, many options and finishes. Unfortunately this means we cannot keep stock of every combination and, on occasion, this means your order may not be ready for immediate despatch. If this occurs we will contact you with an estimated delivery date. If this is too long we will be only too happy to refund your order. Our delivery charges ONLY apply to UK mainland purchases. We reserve the right to make additional delivery charges for overseas deliveries and for remote parts of the UK such as Shetland and the Western Isles. We recommend that all overseas customers call us to discuss their order and delivery charges before placing an order.

Radiator Deliveries
All radiator deliveries are booked in advance with the customer. We cannot give a time of delivery and our haulage company will only deliver to kerbside or as near to your front door as possible. We are afraid that hauliers are not insured to carry goods into customers' homes. Please ensure there are some strong helpers available on the day of delivery.


6.7  We may decline to deliver the Goods if: we believe that it would be unsafe, unlawful or unreasonably difficult to do so.

6.8 NOTE: PLease do not book any trades people to fit goods ordered from us until you have received the items. Goods can be delayed to us from our suppliers. Using a third party shipper it is also difficult for us to totally guarantee a delivery will reach its destination n time after it has left us.

6.8.1 IMPORTANT On receipt of your purchase it is essential that the items are thoroughly checked. Any breakages or missing items must be reported in writing to sales@haysoferroll.co.uk within 24 hours. We will help resolve any problems reported after this point but reserve the right to pass on any associated costs.

6.8.2 we shall have no liability for late delivery.
6.9  Once received, please check all goods within 10 working days.  We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
6.10 We strongly advise you to arrange delivery at least 10 working days in advance of any installation work to allow sufficient time to check your order and to allow any natural materials to acclimatise; or to rectify any incorrect, delayed,  damaged or postponed deliveries (for whatever reason).  This will allow sufficient time to postpone your installation if necessary; we cannot accept responsibility for lost working time in any eventuality.

7. Installation

7.2  Installation constitutes acceptance of the product.

8. Risk and Title

8.1  The Goods will be your responsibility from the time of delivery.
8.2  Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.

9. Limitations of Liability

9.1  Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply  with these Terms.
9.2  Neither you or we shall be responsible for losses that result from our own failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of anticipated savings;
9.2.4 loss of data; or
9.2.5 any waste of time.
However this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.3  Neither of us will exclude or limit in any way our liability for:
9.3.1 death or personal injury caused by our negligence; or
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 any breach of the obligations implied under section 12 of the Sale of Goods Act 1979; or
9.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
9.3.5 any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability.

10. Waiver and Variations

If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you.  No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.

11. Return of Goods (excluding special order items)

11.1 Should you wish to return your Order following delivery you may do so by informing us within 10 working days of receipt of delivery.  Goods must be returned to us and we ask that you take reasonable care when handling the Goods  and return the Goods to us unopened, unused and in their original packaging, where possible.
11.1.1 Please confirm your intent to return the Order by calling North Island Plumbing & Radiators Ltd. Sales on 01779 481996 within 10 working days of receipt; we will confirm to you a returns address and reference for your package.
11.1.2 The cost of returning the Goods once delivered is at your own cost and risk;
11.1.3 We are not responsible for any loss or damage to any returned Goods in transit and as such, we recommend that you return the Goods through a recorded delivery service.
11.1.4 When returning goods please carefully package the Goods together with your returns reference.
11.1.5 If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage.
11.1.6 Where we have agreed to the return of goods, these goods must be returned within 30 days of the notice of intent.
11.2 In the unlikely event that the Goods do not conform to these Terms, please let us know as soon as possible by contacting North Island Plumbing & Radiators Ltd on 01779 481996
11.3 We will, at our option:
11.3.1 inspect the Goods at your premises;
11.3.2 collect the Goods on a date agreed between you and us; or
11.3.3 ask you to return the Goods to us.
11.4 If the goods are found by us to be defective, and we have asked you to return the goods to us at your cost we will reimburse you for third party delivery costs involved in the return.
11.5 If you exercise your right to return your order, any refunds due will be refunded within 30 days.

12. Unexpected Event

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected  Event’).
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays,  strikes and other industrial disputes and difficulty in obtaining supplies.
12.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.  We will take  reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.

14. General

14.1 Scottish Law is applicable to any contract made under these Terms.  The Scottish courts have non- exclusive jurisdiction.
14.2 If any of these Terms are unenforceable as drafted:
14.2.1 it will not affect the enforceability of any other of these Terms; and
14.2.2 if it would be enforceable if amended, it will be treated as so amended.
14.3 All notices sent by you to us must be sent to Hays of Erroll at the registered offices above.  We may give notice to you at either the e-mail or postal address you provide to us in the Order.  Notice will be deemed received and properly  served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
14.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.

15. Use of our website

15.1 We may change anything on our website at any time, at our discretion.
15.2 We have no responsibility for the content of any websites other than our own even if our site links to the other website.
15.3 We retain all rights to our website design and all images on it.  We have copyright and other rights to the design, appearance and content of it.  You may view and print the website only as a consumer or potential consumer from us.   You may not publish, reproduce, distribute or broadcast in any format any material found within this site. 
15.4 We may restrict or suspend our website (typically for repairs, introduction of services or general maintenance) and where possible we will post warnings on the site first.  We will try to do this no more than is necessary, and keep the  time of disruption minimal.

16. Data Protection

16.1 Hays of Erroll and North Island Plumbing & Radiators ltd. are committed to protecting your privacy and fulfilling its obligations under UK Data Protection Laws.
16.4 The Data Protection Act puts obligations on users of personal information and details principles for its use. There are eight principles in the Act that Hays Of Erroll is obliged to conform to. The Act requires Companies which process data  to notify the Information Commissioner describing the purposes for which they process personal information. The details are publicly available from the Commissioner’s Office at:
 Wyecliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF  Tel: +44 (0) 1625 545745

16.5 The principles for Data Processing are:- 

  • Personal data must be processed fairly and lawfully.

  • Personal data must be obtained only for specified and lawful purposes.

  • Personal data must be adequate, relevant and not excessive.

  • Personal data must be accurate and kept up to date.

  • Personal data must not be kept for longer than necessary.

  • Personal data must be processed in accordance with the rights of data subjects.

  • Measures against unauthorised or unlawfully processing of personal data.

  • Personal data must not be transferred to a Country or territory outside the EEA without adequate protection or explicit consent.

16.6 Privacy Policy


We do not share your details with anyone else…. ever.

We collect information about you when you order, when you ask us for information and if you decide to sign up to our email mailing list. Information is collected lawfully and in accordance with the Data Protection Act 1998. Whenever we email you, you are free to let us know that you don't want any further emails from us - just say, and we'll stop contacting you.

Cookies are used on this website to keep track of the contents of your shopping basket once you have selected an item.

We don't store or capture any other information, other than logging your IP address and session info such as the duration of the visit and the type of browser you used. This is automatically undertaken by our web server and is only used for system administration and to provide statistics which we analyse from time to time to evaluate use of our site. This information doesn't identify you to us as an individual, and we don't track your behaviour on our site and link it to you. We use summary data in house to improve our service to customers, and might share some statistics and summaries, without any elements of personal data attached, with other companies - for instance to persuade them to advertise with us.
Of course, our privacy policy only applies to this website, at
www.haysoferroll.co.uk. We have no control or influence over the privacy policies that apply to websites that you can access by following links out of this site.

Glossary of terms - or what we are banging on about above...

Browser: software that locates and displays Web pages.

Cookie: a small, text message given to a web browser by a web server. Your browser stores this cookie as a file and will send it back to the web server at appropriate moments. Cookies are used by web servers to identify users and to personalise their visits by customising web pages - for instance, a cookie can be used to deliver a web page which welcomes you by name, every time you visit a the web site that created it and placed it on your machine. Some sites use cookies to store your personal information - your name, e-mail address and interests. Our web site doesn't use cookies in this way.

Web Server: a computer that is connected to the internet 24 hours a day, seven days a week and is used to store the data needed to serve up web pages in response to requests from browser software. When you type www.haysoferroll.com into your browser's address window, you send a request over the internet which reaches our web server and is a request for it to send your browser the home page of our site.

Users 16 and under - If you are aged 16 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to this site. Users without this consent are not allowed to provide us with personal information.

 

 

Hays of Erroll
Boddam, Peterhead, Aberdeenshire
AB42 3NF
Tel: 01779 481996
Email : enquiries@haysoferroll.co.uk 
 

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