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Terms and Conditions

OUR TERMS

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions on which we supple goods and/or services 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 provide goods and/or services 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.  
  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are Peak Underfloor Heating Limited a company registered in England and Wales. Our company registration number is 09838490 and out registered office is 43a Victoria Street, Chesterfield S41 7LP.
    2. How to contact us. You can contact us by telephoning our customer service team 01246 387120 or by writing to us at info@edsplumbing.co.uk and at 43a Victoria Street, Chesterfield S41 7LP.
    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. 
  1. OUR CONTRACT WITH YOU 
    1. How we will accept your order. Our acceptance of your order will take place when we contact 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 goods and/or services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods and/or services or because we are unable to meet a delivery deadline you have specified.

NOTE: Unless otherwise specified in the description of the services overleaf, the price does not include the price of removing any dangerous waste material (e.g. asbestos) found whilst undertaking the services. In such event, you will pay the reasonable cost of such additional work. 

  1. YOUR RIGHTS TO MAKE CHANGES 

If you wish to make a change to your order 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 goods and/or services, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7, Your rights to end the contract). 

  1. OUR RIGHTS TO MAKE CHANGES 
    1. Minor changes to the goods and/or services. We may change the order for goods and/or services:
  1. The reflect changes in relevant laws and regulatory requirements; and
  2. To implement minor technical adjustments and improvements. 
    1. More significant changes to the goods and/or services and these terms. In addition, as we informed you in the description of the goods and/or services, we may make changes to these terms or the goods and/or services, but if we do so we will notify you and you may then contact us to end the contract before changes take effect and receive a refund for any goods and/or services paid for but not received. 
  1. PROVIDING THE GOODS AND/OR SERVICES
    1. When we will provide the goods and/or services. During the order process we will let you know when we will provide the goods and/or services to you. 
  1. The goods will be delivered to you and installed by our engineer on the same day. When delivered the goods shall become your responsibility. Occasionally delivery may be affected by delays outside our control, see clause 6.2 below. NOTE: Where the price includes and hourly rate for the services, we are entitled to change for the time taken by the engineer collecting and/or delivering the goods to you.
  2. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
    1. We are not responsible for delays outside our control. If our supply of the goods and/or services 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 goods and/or services you have paid for but not received. 
    2. We are not responsible for dust damage to your property. You undertake and agree to take the necessary action to protect your property from potential dust damage caused as a result of us providing the services in your property. If, despite your and our reasonable efforts, your property is still damaged by dust, we will not be responsible for the cost of repairing such damage to your property. 
    3. If you do not allow us access to provide the services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply. You warrant that you have the authority to enter into this contract. If you are not the legal owner of the property, you warrant that you have the permission of the owner for this contract to be completed. Further, you warrant that you are entering into this contract on your own behalf and not on behalf of any other person company or organization. 

NOTE: You shall indemnify us from and against the liability in respect of any claim made by any person in respect of loss and damage to the property, if such authority has not been obtained.

    1. When you own goods. You own the goods once we have received payment in full. 
    2. What will happen if you do not give required information to us. We may need certain information form you so that we can supple the goods and/or services to you. If so, this will have been notified to you before you placed your order. 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 goods and/or services 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. 
    3. Reasons we may suspend the supply of goods and/or services to you. We may have to suspend the supple of goods and/or services to: 
  1. Deal with technical problems or make minor technical changes;
  2. Update the goods and/or services to reflect changes in relevant laws and regulatory requirements 
  3. Make changes to the goods and/or service as requested by you or notified by us to you (see clause 5).
    1. Your rights if we suspend the supply of goods and/or services. We will contact you in advance to tell you we will be suspending supply of the goods and/or services, unless the problem is urgent or an emergency. If we have to suspend the supply of goods and/or services, we will adjust the price so that you do not pay for goods and/or services while they are suspended. You may contact us to end the contract for the goods and/or services for the goods and/or services while they are suspended, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund you any sums you have paid in advance for the goods and/or services in respect of the period after you end the contract. 
    2. We may also suspend the supply of goods and/or services if you do not pay. If you do not pay us for the goods and/or services when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods and/or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods and/or services. We will not suspend the goods and/or services where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the goods and/or services during the period for which they are suspended. As well as suspending the goods and/or services we can also charge you interest on your overdue payments (see clause 11.5). 
  1. YOUR RIGHTS TO END THE CONTRACT 
    1. You can always end your contract with us. Your rights when you end the contract will depend on the following:
  1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
  2. If you want to end the contract because of something we have done or have told you we are going to, see clause 7.2;
  3. If you have just changed your mind about the goods and/or services, see clause 7.3. You may be able to get a refund if you are within the cooling off period, but this may be subject to deductions; 
  4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
    1. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set our at (a) to (e) below the contract will end immediately and we will refund you in full or for any goods and/or services which have not been provided. The reasons are:
  1. We have told you about an upcoming change to the goods and/or services or these terms which you do not agree to (see clause 5.2);
  2. We have told you about an error in the price or description of the goods and/or services you have ordered and you do not wish to proceed; 
  3. There is a risk that supply of the goods and/or services may be significantly delayed because of such events outside our control;
  4. We have suspended supply of goods and/or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more that 7 days; or
  5. You have a legal right to end the contract because of something we have done wrong.
    1. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods and/or services bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 
    2. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
  1. Services, once these have been completed, even if the cancellation period is still running;
  2. Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
  3. Any goods which become mixed inseparably with other items after their delivery.
    1. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. 
  1. Have you bought services? If so, you have 14 days after the day we contact you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. 
  2. Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
  1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods 
  2. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.  
    1. 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 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are provided and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before is it completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods and/or services not provided but we may deduct from that refund (or, if you have not made and advance payment, charge you) as compensation for the net costs we will incur as a result of you ending the contract. 
  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 
  1. Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 01246 387120 or email us at info@edsplumbing.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.
  2. Returning goods after ending the contract. If you end the contract for any reason, after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01246 387120 or email us at info@edsplumbing.co.uk to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 
  3. When we will pay the costs of return. We will pay the costs of return: 
  1. If the goods are faulty or misdescribed; 
  2. If you are ending the contract because we have told you of an upcoming change to the goods or these terms, 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; or
  3. If you are exercising your right to change your mind. 

In all other circumstance you must pay for the costs of return.

  1. What we charge for collection. If you are responsible for the costs of return and we are collection the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery. 
  2. How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. 
  3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of goods, if this has been caused by your handling of them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in and unacceptable way, you must pay us an appropriate amount. 
  2. The maximum refund for delivery costs will be the costs of deliver by the least expensive delivery method we offer. 
  3. For services, we may deduct for any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  1. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: 
  1. For goods, if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. 
  2. In all other cases, your refund will be made within 14 days of telling us you have changed your mind.
  1. OUR RIGHTS TO END THE CONTRACT 
    1. We may end the contract if you break it. We may end the contract for the goods and/or services at any time by writing to you if: 
  1. You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
  2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods and/or services; 
  3. You do not, within a reasonable time, allow is to deliver the goods to you; or 
  4. You do not, within a reasonable time, allow us access to your premises to supply the services. 
    1. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for goods and/or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
  1. IF THERE IS A PROBLEM WITH THE GOODS AND/OR SERVICE

How to tell us about problems. If you have any questions or complaints about the goods and/or services, please contact us. You can telephone our customer service team at 01246 387120 or write to us at info@edsplumbing.co.uk

  1. PRICE AND PAYMENT 

11.1 Where to find the price for the goods and/or services. The price of the goods and/or
services (which includes VAT) will be the price indicated on your order form. We take all reasonable care to ensure that the price of the goods and/or services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the goods and/or services you order. 

11.2 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 goods and/or services, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and/or services in full before the change in the rate of VAT takes effect. 

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods and/or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the price for the goods and/or services if correct at your order date is less than our stated price at your order date, we will charge the lower amount. If the price for the goods and/or services 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. 

11.4 When you must pay and how you must pay. When you must pay depends on what goods and/or services you are buying: 

  1. For goods, you must pay for the goods before we dispatch them to you.
  2. For services, you must make an advance payment of 25% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them or we will invoice you weekly in advance for the services until the services are completed. You must pay each invoice 7 calendar days after the date of the invoice.  
  3. For call outs, charges will apply and are subject to VAT. Specific rates are detailed in our most current pricing schedule, available upon request. Payment for call-out services must be made within 7 calendar days following the issuance of an invoice.11.5  We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays 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 judgement. You must pay us interest together with any overdue amount.   

11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original date due. 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 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; for breach of your legal rights in relation to the goods and/or services including the right to receive goods which are; as described an match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and as soon as reasonably practicable, were installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987. Any dates proposed are estimated only. 

12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. 

12.4 We are not liable for business losses. We only supply the goods and/or services for domestic and private use. If you use the goods and/or services for any commercial business or re-sale purpose we will have no liability for any loss of profit, loss of business, business interruption or loss of business opportunity.   

NOTE: Whilst nothing in these terms affect your legal rights, we are not responsible for any defect in the goods and/or services arising from: 

  1. Fair wear and tear; 
  2. Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
  3. Failure to operate of use the goods in accordance with the user instructions; or 
  4. Any alteration or repair by any person not authorised by us. 
  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will use the personal information you provide to us: 

  1. to supply the goods and/or services to you,
  2. to process your payment for the goods and/or services; and
  3. if you agreed to this during the order process, to give you information about similar goods and/or services that we provide, but you may stop receiving this at any time by contacting us.  

13.2 We will only give your personal information to third parties where the law either requires or allows us to do so. 

  1. OTHER IMPORTANT TERMS 

14.1 We may transfer the agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

14.2 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 personal if we agree to this in writing. 

14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 

14.4 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.

14.5 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 day. For example, if you miss a payment and we do not chase you but we continue to provide the goods and/or services, we can still require you to make the payment at a later date. 

14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods and/or services in the English courts. If you live in Scotland you ca bring legal proceedings in respect of the goods and/or services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods and/or services in either the Northern Irish or the English courts. 

15. Customer Complaint Handling Procedure. At Peak Underfloor Heating, we prioritise customer satisfaction and are committed to handling complaints with the utmost care and efficiency. Below is our procedure for managing customer complaints:

15.1. Contact Our Office Manager: You can reach out via:

   – Email: info@edsplumbing.co.uk 

   – Phone: 01246 387120

   – In Person: Visit us at our office located at 43a Victoria Street, Chesterfield S41 7LP.

15.2 Complete a Complaint Form: To aid in resolving your issue efficiently, please fill out the provided Customer Complaint Form with detailed information regarding your complaint. This form helps us understand and address your concerns more effectively click here  

15.3 Complaint Resolution Process

1. Acknowledgment of Complaint: We will acknowledge receipt of your complaint within 48 hours.

2. Investigation: Your complaint will be thoroughly investigated by involving relevant departments and adhering to applicable regulations.

3. Resolution: We aim to resolve complaints within 14 days, contacting you to discuss the outcome and ensuring your satisfaction.

4. Follow-Up: If necessary, follow-up actions will be taken to prevent future issues and ensure continuous improvement.

15.4 Confidentiality: All complaints are treated with strict confidentiality. The information provided will only be used to resolve the complaint.

15.5 Feedback: We value your feedback as it helps us improve our services. Please feel free to provide feedback on our complaint handling process.