TERMS AND CONDITIONS

1. INTRODUCTION

This website www.dileta.co.uk is operated by Scarboro Servicing, Unit 5, Bird in Eye Farm, Bird in Eye Hill, Framfield Rd, Uckfield, TN55 5HA, info@dileta.co.uk and 01825768899 [hereinafter referred to as the “Distributor”) acting as UK Distributor for ‘MAC 5 Limited'[ Hereinafter referred to as ‘The Company’]

The following terms and conditions apply in relation to the access, navigation and use of the Website, including the online store, and are intended for the attention of the website users and/or visitors and the buyers who buy the products for non-business purposes (hereinafter referred to as the “User”). The products sold on the Website are intended for personal use and not for any professional activity involving the resale of products. The User recognizes that in the event where a contractual relationship is created between the User and the Distributor, then these terms and conditions will form part of that contractual relationship. The User further recognises that any relation created where the present Terms and Conditions are applicable, this is solely between the User and the Distributor, without the Company ‘MAC 5 Limited’ having any liability.

Please read through these terms and conditions carefully in conjunction with the Privacy and Cookie Policy before using the Website. All Users are deemed to consent and accept unconditionally the terms expressed herein below without any exceptions. If a User does not agree with these terms, then at his own responsibility must refrain from visiting and using the Website including making any transaction or using any of the services of the online store.

The Company reserves the right to update and change these terms and conditions at any time it deems necessary, without prior notice. Any such changes will take effect when posted on the Website  and it is your responsibility to read the terms and conditions every time you use the Website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

2. CONTRACT FORMATION AND WITHDRAWAL

Please note that this website is intended for Users aged 18 and above, who have the full legal capacity or have parental consent authorising them to place an order from the website. This website is not directed at children.

When a purchase is made online, at the time the User places his/her order, he or she makes an offer to purchase the product(s) from the Distributor. As soon as the Distributor sends a confirmation of the order via e-mail, stating that it has accepted the offer of the User, then the sales contract between the User and the Distributor is formed. Once the confirmation of the order has been made by the Company , the User will no longer be able to amend or cancel the order. If the Company is not able to accept the User’s offer, the User will be informed about this via e-mail.

The Distributor has the right to refuse an order placed by the User and withdraw from the sales contract in the following cases:

  • the product(s) is/are not available and/or in stock;
  • the Website displays an error in the price of the product(s);
  • the security systems have flagged up the order as unusual or an order susceptible to fraud;
  • there is an outstanding dispute in relation to a previous order placed by the User.

3. RETENTION OF TITLE

Until full payment of the sale price has been made and received in compliance with the sales contract and these Terms and Conditions, ownership of the product(s) delivered remains with the Distributor. For as long as the Distributor retains ownership in the product(s), the User shall ensure that the product(s) is/are kept in appropriate conditions and that the Distributor’s property rights are not infringed.

4. INFORMATION ON PRODUCTS POSTED ON THE WEBSITE

The Company and the Distributor are not responsible for and are not bound by entries of electronic data that were made by error/misconduct in view of common experience and are entitled to correct them whenever it becomes aware of their existence. Any drawings, depictions, images, details, technical data, prices, dimensions and performance descriptions displayed on the Website are non-binding and are subject to change.

The Company and the Distributor exercise due diligence so that the photos of the products displayed on the Website as well as any videos, reflect as far as possible the actual status of the products. In any case, the User accepts that the products shown in the photos and videos may deviate from the actual status, form, size, colouring and general image of the products sold in the online store. The Company and the Distributor are not responsible in case of deviation of the photographic depiction of the product or its depiction in any video from the actual picture. The pictures and videos displayed on the Website are solely for illustration purposes, and such pictures and videos may not form the basis of any claim whatsoever on the part of the User.

The Company and the Distributor do not warrant the accuracy or reliability of any information or content relating to the products, software or advertisements included on the Website as well for the content of third parties to which the User is referred through hyperlinks from the Website or which the Website provides access to. Such links should not be interpreted as approval by the Company or the Distributor of those linked websites or information you may obtain from them. The Company and the Distributor have no control over the contents of those websites or resources.

5. PRICING AND AVAILABILITY

The prices of the products shown on the website are in Pounds and are inclusive of VAT, but do not include any delivery/shipping charges and any other applicable duties and/or charges, unless expressly stated otherwise. The shipping charges will be added automatically to the cost of the goods ordered, and such charges may vary depending on the weight or volume of the product(s). The Company and/or the Distributor reserve the right at any time, without accepting any liability and without prior notice to change the business policy in relation to the costs of delivery/shipping and payment methods.

The prices of the products on the Website may be changed at any time without prior notice. All product offers are valid until stock lasts and/or unless decided otherwise by the Company and/or the Distributor.

The Distributor lists availability information for products sold on the Website, on each product information page. Apart from the information displayed on the product information page or otherwise on the Website, the Company and the Distributor cannot be more specific about product availability. As the Distributor processes your order, the Distributor will inform you by email as soon as possible if any products in your order turn out to be unavailable and you will not be charged for those products, but the Company and the Distributor will not bear any further responsibility.

 

6. PAYMENT

Payment may be made using a valid credit or debit card issued by either MasterCard or Visa, processed by [Stripe]. The Distributor takes payment of your card at the time it receives your order. All orders are payable exclusively in POUNDS (£).

7. DELIVERY OF PRODUCTS

This website is only for delivery of products to Users in UK. Delivery of the products sold through the Website will be made subject to the methods and fees (where applicable) specified on the Website.

The Distributor makes every effort to deliver the products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. The average delivery time for products which are in stock is 5 working days following payment. Please note that the delivery date is solely indicative and in no way does it constitute an essential condition of sale. The delivery date is not a guaranteed delivery time and should not be relied upon as such.  The Distributor shall be under no liability for any delay or failure to deliver the products within the estimated timescales.

If the products ordered are not in stock at the time the order is placed, the Distributor will inform you by email as soon as possible, and as soon as the products are ready for delivery, these will be delivered/shipped to the User.

The Distributor reserves its right to change the delivery policy of its products at any time, without prior notice.

8. TITLE

Title to the products ordered from the Website shall pass from the Distributor to the User upon delivery of the products, provided that the order was placed in accordance with these terms and conditions, the Distributor has processed the User’s order, and the Distributor has received payment in full for the products, in compliance with the contract.

9. RETURNS AND EXCHANGES

The User has the right to return or exchange all or part of the order it has placed, within 14 (fourteen) days from the date the products are received by the User or by any third party appointed by the User, by informing the Distributor in writing that he/she wishes to do so and subject to the following conditions. The Distributor only accepts the products back if the products are fully intact and unused in their original packaging. The Distributor cannot accept returns of used or damaged products.

In case that the User decides to withdraw from the sales contract, he/she must return the products to the Distributor without undue delay, and in any case within 14 (fourteen) days from the day he/she informed the Distributor of his/her decision to withdraw from the sales contract. Once the Distributor receives the products, and after they ensure that they are in good condition, the Distributor will refund the purchase amount (except any delivery/shipping costs and any taxes or duties paid) via the same payment method used in the purchase, without undue delay and in any case within 14 (fourteen) days from the day the Distributor receives the products in question. The Distributor has the right to delay the above purchase amount until it receives the products. The User shall bear the cost of return of such products.

If the User wishes to exchange all or part of the order it has placed, then he/she will have to place a new order through the website.

The User recognises that even if their order has been placed through the Website the Company shall in no way be held responsible and any requests for refund and/or exchanges must be placed directly through the Distributor.

10. FORCE MAJEURE

If the contract cannot be completed for reasons beyond the User’s and/or the Distributor’s reasonable control (force majeure events), then neither the User nor the Distributor will be held liable. A force majeure event includes but is not limited to acts of war, acts of terrorism, strikes, supplier and/or transport and/or production issues, natural disasters, pandemics, imposition of sanctions. In such a case, the party affected will be entitled to an additional period to complete the contract, and such period will be decided by the Distributor. If the force majeure event continues for more than 60 days, then the contract may be terminated by either party giving written notice to the other party, without liability for compensation.

11. DATA PROTECTION

The Company fully respects the privacy of Users who access and use the Website. The Company and the Distributor comply with the legal requirements of [insert country] in regards to data protection. By visiting and using the Website the User agrees and understands that the Company may collect, use, store and process his/her personal information, such as his/her IP address, in accordance with our Privacy and Cookie Policy [insert relevant link]. Such data is protected against access by third parties who have no knowledge thereof.

For details on the manner in which the Company uses cookies, the type of information the Company collects, how and for what purpose the Company uses your information and under what circumstances the Company discloses information, please see the Privacy and Cookie Policy.

12. GOVERNING LAW AND JURISDICTION

Use of this Website and all contracts between the User and the Distributor shall be governed by and construed in accordance with the laws of UK, and any dispute arising between the User and the Company and/or the Distributor will be resolved exclusively in the Courts of UK. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) does not apply.

13. SECURITY

The Website uses encryption technology, such as Secure Sockets Layer (SSL), so that the information exchanged between your browser and our internet site server is not accessible to third parties. With SSL, the data is encrypted before being transmitted via the internet. Use of an SSL connection is identifiable via the website URL commencing with https://…. instead of http://….

14. INTELLECTUAL PROPERTY

All of the content of the Website including distinctive marks, trademarks, images, product names, titles, logos, graphics, designs, photographs, texts, audio, video etc constitute intellectual property of the Company or of third parties (hereinafter referred to as the “Third Party”) from which the Company has received permission to use for its own exclusive needs and for the operation of the Website (hereinafter referred to as “Intellectual Property”). The Company is authorised by the Third Party to use the intellectual property of the Third Party including any DILETA trademarks and logos. The use, reproduction, distribution or editing of the Intellectual Property or anything else contained in the Website is strictly prohibited, except as expressly authorised by the Company and/or the Third Party. No license or right of use of the Intellectual Property or anything else contained in the Website is hereby granted, assigned or implied in any way, unless a prior written consent is obtained from the Company and/or the Third Party. The information contained on the Website or in any publication made available on or through the Website is the exclusive property of the Company and is protected by copyright and other proprietary rights.

The Third Party, which may or may not be represented by the Company reserves the right to take action against any acts of counterfeiting of its intellectual property rights and for any infringement of its intellectual property, including legal action under criminal law.

15. EXCLUSION OF RESPONSIBILITY

The information placed on the Website is updated by the Company as often as possible, and the Distributor is responsible to provide to the Company all relevant information and/or guidance for the purposes of the Website being in compliant with relevant law, however, the Company and the Distributor cannot guarantee the state of updating, and therefore some of this information may have changed and/or may not be applicable anymore. The Company and the Distributor do not make any warranties, whether express or implied, in relation to the accuracy, completeness and state of updating of the information placed on the Website. The information placed on the Website is provided on an “as is” basis, and the Company and the Distributor make no representations or warranties of any kind, whether express or implied, including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from the course of dealing or usage or trade. Furthermore, the Company and the Distributor make no warranty that the Website will meet the User’s requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free from viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. The Company and the Distributor do not accept any responsibility resulting from access to or use of the Website, including any deterioration or virus infection of the computer equipment or any other property of the User.

The Website may contain links to other websites and such other websites are not operated by the Company and are not under the control of the Company. Upon activation or utilisation of such links, the User will leave the Website, and the Company has no control over, and will not accept any responsibility or liability in respect of the material and/or content on any website or any service provided by a third party which is not under the Company’s control. The same applies for any other websites which contain a link to the Website. Any such links to other websites or any links to the Website contained on other websites do not in any way constitute an approval or partnership arrangement between the Company and the said websites, as such websites are subject to their own terms and conditions of use, privacy policies etc. Access to such other website by the User is carried out at the User’s own risk and peril.

The Users declare and accept that they are accessing and using the Website at their own risk and peril. Before making use of the information placed on the Website, we advise the User to check such information.

The Company reserves the right to make changes and/or additions and/or deletions to the information placed on the Website, at any time and without any prior notice.

16. LIMITATION OF LIABILITY

The Company and/or the Distributor shall not be responsible and/or liable to compensate for any damage or loss resulting from the cancellation of orders, the non-execution of orders or any delay in the execution of orders, for any reason whatsoever. The Company and/or the Distributor shall also not be liable for any damage that may directly and/or indirectly be caused to people or animals or things as a result of failure to observe the warnings indicated in the instruction manual of the products, and especially those regarding the use and maintenance of the products. Furthermore, the Company and/or the Distributor shall not under any circumstances bear any civil or criminal liability for any damages (incidental, special or consequential, which indicatively but not restrictively, alternatively and/or cumulatively, constitute loss of profits, revenues, data, compensation etc) that a User and/or a third party may suffer due to causes related to the non-operation and/or operation and/or use of the Website and/or the inability to provide any information and/or products and/or services.

17. WEBSITE ACCESS

The Company reserves the right to amend, interrupt, suspend or terminate, at any time it wishes, for any reason, and at its absolute sole discretion, the access to all or part of the Website, without prior notice. If the User has any comments or suggestions on the Website, he/she can contact the Company at [insert email address].

18. DISTRIBUTOR’S WARRANTY

All new DILETA products are guaranteed by the Distributor for two (2) years and in the case of boilers (10) years, from the date the products are delivered to the User. The warranty extends to all defects which appear during such warranty period, provided that such defects are demonstrably attributable to poor material or defective manufacture. At the Distributor’s discretion, liability shall be limited to the repair, replacement or reimbursement of the invoice amount of the defective product(s). The Distributor shall not be liable in any way whatsoever for faults and/or damage attributable to any accident and/or neglect and/or improper use and/or installation and/or maintenance carried out by an unqualified person and/or misuse and/or damage caused by transport and/or due to force majeure events and/or natural wear and tear and/or exposure to extreme weather or environmental conditions and/or for any consequential harm caused by a defect and/or the User did not inform the Distributor about the defect within 30 (thirty) days from the appearance of such defect. Failure to comply with these Terms & Conditions and/or any modifications or repair work carried out without the Distributor’s written consent shall abrogate the warranty liability.

The Company provides no warranty and is not liable in any way in regards to any such issue.

19. REPAIRS NOT COVERED BY

The Distributor offers a repair package service for repairs not covered by a warranty. The price for such repair package service will depend on the age and model of the product. The age of the product is determined by the date shown on the purchase receipt, or alternatively, if this does not exist, by the date of production indicated on the product. The repair package includes: 1) defective part replacement, 2) cleaning of the product (rinsing and polishing), 3) thorough and preventive inspection of the product, 4) shipping costs, 5) labour costs, 6) administration fees, and 7) 12-month repair warranty.

20. SPARE PARTS

The only spare parts, components and accessories that are available for purchase are those whose use does not require the disassembly of the product. If it proves necessary to disassemble the appliance, then a repair request must be made to the Company’s Authorized After Sales Service Centres.

21. REPAIR REQUEST

In order to request a repair, the User must complete the repair request form found on the Website and follow the instructions therein. If the User does not comply with such instructions, the Distributor reserves the right to reject the returned product or charge a fee.

22. SERVICE / REPAIR TIMEFRAME

The Distributor guarantees that it will take maximum 30 (thirty) calendar days from the date the product is received for service / repair at the Distributor’s Authorized After Sales Service Centers until the service / repair procedure is completed and the products are sent back to the User. In case such period, i.e. 30 (thirty) calendar days is exceeded, the Distributor undertakes to either exchange the product or issue a credit note for an amount which is equivalent to the purchase price. The Distributor shall not be responsible for the time taken for the products to be transported between its partners and the Distributor’s Authorized After Sales Service Centers, and will not offer an exchange or issue a credit note for such time.

23. PREVIOUS AGREEMENTS

These terms and conditions, including the documents or other sources referred to in these terms and conditions, supersede all previous representations, understandings and agreements between the User and the Distributor  which relate to any of the matters contained in these terms and conditions. Any such representations, understandings and agreements will lapse on the date these terms and conditions come into effect. Only the terms and conditions valid on the date a case is notified are applicable.