TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.coolit-refrigeration.co.uk (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our”	means Cool it Refrigeration Ltd, a company registered in England under 5090295, whose registered address is Unit G Purn House Farm Purn Way Bleadon Weston Super Mare Somerset BS24 0QE  and whose main trading address is Unit G Purn House Farm Purn Way Bleadon Weston Super Mare Somerset BS24 0QE .

2. Information About Us

Our Site, www.coolit-refrigeration.co.uk, is owned and operated by  Cool it Refrigeration Ltd a limited company registered in England under 5090295, whose registered address is  and Unit G Purn House Farm Purn Way Bleadon Weston Super Mare Somerset BS24 0QE

whose main trading address is Unit G Purn House Farm Purn Way Bleadon Weston Super Mare Somerset BS24 0QE

Our VAT number is 753 1549 30

3. Access to Our Site

Access to Our Site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4. Delivery

When e-mail confirmation of an order from the website is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order via an official order confirmation  and hence a contract between us. In the case of a change of, or incorrect price, or we are no longer able to supply a particular item for some reason we will always contact you first to ensure that the price change or substitute product is acceptable to you before confirming the order.

We use a number of different delivery systems please refer to our postcode delivery data for further details.

We reserve the right to contact you regarding shipping costs on very large or heavy items, special conditions may apply.

Any offshore or highland deliveries may incur additional charges, we will always discuss this with you prior to shipment.

Cool it Refrigeration Ltd work closely with carefully selected carriers to give you the best possible delivery service throughout UK mainland, Northern Ireland and the Republic of Ireland.

4.1.3   THE MAJORITY OF OUR DELIVERIES ARE MADE ON 18 TON VEHICLES

(these are around 4m/13ft high and 11m/36ft long, approximately the size of a double-decker   bus).

If there are any delivery restrictions please let us know. Failed deliveries may incur abortive delivery charges. (Please see terms and conditions).

4.1.4  Standard Delivery – UK mainland only

If your order has been sent on our standard delivery service then you will receive a book-in call before delivery. On delivery the units will be taken into site in a packed state assuming clear easy access to ground floor. Units will be unpacked only if required to gain access to site. Deliveries between 8am and 6pm Mon/Fri.

4.1.5   Deliveries to Republic of Ireland

3 day delivery service. One man crew, pavement drop. Book-in call before delivery. Deliveries between 8am and 6pm Mon/Fri. (Offshore Islands are not included).

4.1.6   Special Requirements

If you need a particular type of delivery – This could be timed, am/pm, small vehicle or any other delivery requirement please contact us. We have access to a variety of special delivery services and can accommodate many delivery requests, by pre arrangement and extra cost.

 

5. Returns

If your items arrive damaged and/or items are missing please notify us immediately by telephone.

Any goods that are authorised for return may be subject to a re-stocking fee. Please do not send goods back to us without first obtaining a returns number, and a return address as we cannot be held responsible for any unauthorised returns.

 

6. Intellectual Property Rights

All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

 

7. Links to Our Site

You may link to Our Site provided that:

• You do so in a fair and legal manner;
• You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
• You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
• You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

You may not link to Our Site from any other site the main content of which contains material that:

• is sexually explicit;
• is obscene, deliberately offensive, hateful or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
• is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive another person;
• is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
• misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
• is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

8. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

9. Disclaimers

Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to any purchase or installation.

Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

 

10. Our Liability

To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

11. Viruses, Malware and Security

We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy
    • You may only use Our Site in a manner that is lawful. Specifically:
      • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
      • suspend, whether temporarily or permanently, your right to access Our Site;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      • any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

13. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from.  These policies are incorporated into these Terms and Conditions by this reference.

Contract execution

11.1 Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.

Email newsletter

11.1.2  If you sign up to our newsletter we may use your email address to send you information about products or services.

11.1.3  You can opt out of these at any point and you can ask for personal data to stop being recorded at any time.

Cookies & monitoring

11.2 A cookie is a small text file that we store on your device. Our website uses cookies to distinguish from other users of you website. Cookies also provide us with information about how this website is used so we can keep it as up to date, relevant and error-free as possible.

11.2.1  Strictly necessary cookies – These are cookies that are essential to the operation of our website.

11.2.2  Analytical/performance cookie – These cookies allow us to recognise and count the number of visitors to our website.

11.2.3  Functionality cookies – These cookies are used to recognise you when you return to our website.

11.2.4  Targeting Cookies – These cookies record your visit to our website, the pages you have visited and the links you have followed.

We may monitor traffic to our site and collect the following information:

11.2.5  The IP address of your computer.      The referring website from which you have got to our website from.

The reasons for this are:

To make ongoing improvements to our website based on this data.

To see our most popular sources of business.

11.2.6 Disclosure of personal data

We may disclose your personal data:

• To other companies within our group.
• If we sell our business.
• To agents and service providers.
• In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cyber crime or to protect the website, rights, personal safety of person/s.

11.3 We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.

11.4 Product information

Describe any conditions specific to your product such as the restriction of sale for age-restricted products and services.

11.5  Right to cancel

You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling off period” of seven working days, beginning on the day after you receive the goods.

If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to a specified address that has been pre arranged by contacting info@coolit-refrigeration.co.uk  at your own cost this may also incur a 30-40%* re-stocking charge  (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract.

We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.

You will not have any right to cancel a purchase for the supply of any of the following goods:

• for the supply of goods the price of which is dependent on fluctuations in the financial market which cannot be controlled by the retailer.
• for the supply of good made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

Notices

All notices you send us must be sent to the contact details on this site info@coolit-refrigeration.co.uk. We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.

 

14. Changes to these Terms and Conditions
    • We may alter these Terms and Conditions at any time.
15. Contacting Us

To contact Us, please email Us at info@coolit-refrigeration.co.uk or using any of the methods provided on Our contact page.

 

16. Communications from Us
    • If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    • We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
    • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at complaints@coolit-refrigeration.co.uk

17. Data Protection
    • Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    • We may use your personal information to:
      • Reply to any communications you send to Us;
      • Send you important notices, as detailed previously.
      • We will not pass on your personal information to any third parties.

 

18. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales