Terms & Conditions

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Terms & Conditions Please take a moment to read them.

These Terms;
1. What these terms cover. These are the terms and conditions on which we supply products to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us;
1. Who we are: We are Buy Air Conditioning Ltd. We are registered in England and Wales under company number 12705355 and have our registered office at 35 Berkeley Square, Mayfair, London, United Kingdom, W1J 5BF. Our registered VAT number is 357 3804 80.
2. How to contact us. You can contact our customer service team by emailing us at cs@buyairconditioning.co.uk.
3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you;
1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. We only sell to the UK. Our website is solely for the promotion of our products in the UK.
Our products
1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3. Making sure your measurements and specifications are accurate. You are responsible for ensuring any measurements or specifications you require and which you have given us are correct.
Your rights to make changes
1. If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
1. Minor changes to the products. We are dependent on our manufacturers who may change the product:
  - (a) to reflect changes in relevant laws and regulatory requirements; and
  - (b) to implement minor technical adjustments and improvements.
2. More significant changes to the products and these terms. In addition, as we informed you we are dependent on our manufacturers and if they make a significant change from the description of the product on our website, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Providing the products
1. Delivery costs. The costs of delivery will be as displayed to you on our website or notified to you in writing prior to delivery.
2. When we will provide the products. We aim to deliver the goods to you as soon as reasonably possible and we will contact you with an estimated delivery date within 30 days after the day on which we accept your order.
3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4. If you are not at the delivery premises when the product is delivered. If no one is available at your address to take delivery and the products cannot be left in an appropriate place, we will leave or send to you a note informing you of how to rearrange delivery or collection.
5. If you do not re-arrange delivery. After a failed delivery to you, you do not re-arrange delivery or collect them from a notified delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6. When you become responsible for the goods. A product which is goods will be your responsibility 4 from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7. When you own goods. You own a product which is goods once we have received payment in full.
8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, details on access to the premises. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  - (a) deal with technical problems or make minor technical changes;
  - (b) update the product to reflect changes in relevant laws and regulatory requirements;
  - (c) make changes to the product notified to us by the manufacturer.
10. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 45 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
11. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).
Your rights to end the contract / Refunds
1. You can end your contract with us. Your rights when you end the contract will depend on what you have bought, there is anything wrong with it, how we are performing and when you decide to end the contract:
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
  - (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
  - (b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
  - (c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
  - (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 45 days or
  - (e) you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer for most products bought online, you have a legal right to change your mind within 14 days of your order and receive a refund. These rights are set out under the Consumer Contracts Regulations 2013 and the term “consumer” will be used in these terms accordingly.
4. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.3), you may still be able to end the contract before it is completed, but you will have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not entitled to change your mind, contact us to let us know. At our discretion we may agree to end the contract immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the costs we will incur as a result of your ending the contract.
5. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us within 3 days in their original condition and in the same packaging in which they were despatched which must not have been opened or damaged. You must either return the goods in person or arrange delivery to a return address we will confirm in writing to you.
6. When we will pay the costs of return. We will only pay the costs of return:
  1. (a) if the products provided are agreed by us to have been faulty or misdescribed; or
  2. (b) if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
7. In all other circumstances (including where if a consumer you are exercising your right to change your mind) you must pay the costs of return.
8. What we charge for collection. If you are responsible for the costs of return and we agree to arrange collecting the product from you, we will charge you the direct cost to us of collection and an administration charge of up to 50% of the direct cost incurred.
9. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in these terms.
10. Deductions from refunds if you are exercising your right to change your mind. If you are a consumer and are exercising your right to change your mind or a business that we have expressly agreed may return goods despatched:
  - (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods for whatever reason, if this has been caused by your handling them in an unsuitable manner. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount of compensation.
  - (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  - (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
  - (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, details concerning delivery; or
  - (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 you will not be entitled to any refund of any money you have paid in advance for products even if we have not provided them to you but if at our discretion we offer a refund we may then deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
1. How to tell us about problems. If you have any questions or complaints about the product, you must contact us within 24 hours of delivery or collection.
2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must notify us in accordance with clause 10.1 and return them as directed by us in the original condition and in the same packaging in which they were despatched, which must not have been opened or damaged. At our discretion we may refund the costs of return delivery.
3. Manufacturer’s guarantee. If the goods we sell to you come with a manufacturer’s guarantee you shall rely on that guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the goods.
4. Our warranty. On certain products we will provide a 3 years parts only warranty subject to our receiving an F gas completion form from an F gas registered installer within 30 days of instalment together with the relevant manufactures approval.
Price and payment
1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4. When you must pay and how you must pay. We accept payment by our approved credit and debit cards. You must usually pay in advance for the products before we dispatch them to you.
5. We can charge interest if you pay late. If you do not make any payment to us by the due date for any reason, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Our responsibility for loss or damage suffered by you
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
2. We are not liable for business losses. Subject to clause 12.1, we will under no circumstances be liable to you for:
  - (a) any loss of profits, sales, business, or revenue; or
  - (b) loss of business opportunity; or
  - (c) loss of anticipated savings; or
  - (d) loss of goodwill; or
  - (e) any indirect or consequential loss.
3. Warranties and representations. Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the products provided. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.
4. Limitation of liability. Subject to clause 12.1, our total liability to you for all losses arising under or in connection with the contract with will in no circumstances exceed 100% of the price of the goods purchased.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts. If you are a consumer who lives in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts, or if you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.