Terms and Conditions

Consumer Terms and Conditions of Sale

We Are: Absolute Coldroom Ltd

Our Address is: Unit 4 Ashfield Works, Otley, Leeds, LS21 3BA

Please read these terms and conditions carefully before ordering buying any Products from our Website.

You should understand that by ordering and buying any Coldroom door parts from Absolute Coldroom Ltd, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.


By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us at websales@absolutecoldroom.co.uk before placing an order with us. 

These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. 

This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations.

 

Your status

By placing an order through our Website, you warrant that:


1. you are legally capable of entering into binding contracts; and
2. you are at least 18 years old.
 

How the contract is formed between you and us

1. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched or is ready for collection. The contract between us (Contract) will only be formed when we send you the Dispatch confirmation.


2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
 

Consumer rights

1. You may cancel the Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price you paid for the Products in accordance with our refunds policy.


2. To cancel a Contract, you must inform us in writing by email to websales@absolutecoldroom.co.uk. You must also return the Products to us straight away, in a new and unused condition and in the original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. The Goods must be returned to us within 14 days of your telling us you wish to cancel:
With both goods and all packaging in their original condition. Securely wrapped to prevent damage. At your risk and cost.
After we have received the Goods, we will refund you with the full purchase price of the goods returned no later than 30 days from the date of receipt.
Unfortunately, we cannot accept responsibility for returned items lost in the post and recommend that you get a certificate of posting.

The 14 day cooling off period does not apply to goods that are bespoke or that have been made to order. Such items are non-returnable.

Descriptions and product information

1. We try to show Products on the Website and in our brochure as accurately as possible. Despite this, slight variations may occur. For example the colour shade of the Product may vary in accordance with the settings of your computer, monitor, software or printer from the colour of the actual Product you receive.


2. All dimensions of Products specified on the Website are approximate only. While we strive to have the most accurate measurements given the items are not manufactured by ourselves and so we are not responsible if the dimensions stated by the manufacturer are different to the item produced by the manufacturer.

Availability and delivery

1. Delivery will be made to the address specified when you complete the order.

2. We use a variety of delivery methods depending on the size of the Product and the destination. For more information on our delivery arrangements and prices, please contact us on websales@absolutecoldroom.co.uk.


3. We aim to fulfil your order by the delivery date or within the delivery period set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are circumstances beyond our control which prevent us from doing so. We shall contact you to let you know if we are having problems getting an item to you by the specified delivery date.


4. It is your responsibility to check carefully that the Products you have ordered are suitable for the purpose you intend them for.  If you are unsure about an item please contact us BEFORE you purchase it.


5. An adult must be available at the delivery address to carefully check the Products and sign and acknowledge their receipt in a safe and satisfactory condition. Any defect must be reported immediately to Customer Services on websales@absolutecoldroom.co.uk.

6. Please note the shipping weight shown on the product may not be accurate but rather an indication of the cost of sending the item based on our shipping rates table.

Risk and title

1. The Products will be at your risk of loss or damage from the time of delivery or collection.


2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
 

Price and payment

1. The price of any Products will be as quoted on our Website, except in cases of obvious error.


2. The prices of the Products exclude VAT and delivery costs, which will be added to the total amount due, as set out in our Delivery Guide based on your geographic location and purchase.


3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.


4. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify our prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6. Payment for Products can be made by credit or debit card acceptable to us or PayPal, or by cheque if you are a registered customer.

 

Our refunds policy

1. When you return a Product to us because you have cancelled the Contract within the statutory fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave us notice of your cancellation. In such a case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the Product to us or us collecting it from you.


2. Products cannot be returned to us because they are unsuitable after the fourteen-day cooling off period referred to above unless we agree. If we agree that a Product may be returned, it must be returned in perfect condition and in the original packaging. Returned products may be liable for a charge of 20% of their value to compensate us for restocking and time incurred. The 14 day cooling off period does not apply to goods that are bespoke or that have been made to order. Such items are non-returnable.


3. If you believe that any of our Products are of an unsatisfactory quality, please immediately contact us by email: websales@absolutecoldroom.co.uk. Please also send us photographs of any alleged defects so that we may assess the situation.


4. We cannot be responsible for interest charges made by your credit card company whilst waiting for returns to be refunded to your card.
 

Our liability

1. We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.


2. Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching the Contract. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us.


3. This does not include or limit in any way our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation.


4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
 

Orders from outside the UK

1. If you order any Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.


2. All Products may be subject to VAT at the applicable UK rate from time to time. 


3. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
 

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
 

Notices

All notices given by you to us must be given by email to websales@absolutecoldroom.co.uk., or to Absolute Coldroom Ltd, Keepers Cottage, Lanshaw Bank, Beamsley, North Yorkshire, BD23 6HR. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
 

Transfer of rights and obligations

1. You may not transfer or subcontract the Contract, or any of your rights or obligations arising under it, without our prior written consent.


2. We reserve the right to transfer, assign, novate or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
 

Events outside our control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).


2. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will make every effort to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
 

Intellectual Property and limited use of Website material

1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content (including but not limited to pictures, designs, logos, photographs, text written and other materials) supplied as part of the Website located at www.coldroomspareparts.com or any subsequently URL which may replace them shall remain at all times vested in us or our licensors.


2. All rights reserved. You are permitted to use the Website material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
 

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
 

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
 

Entire agreement

1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.


2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
 

Our right to vary these terms and conditions

1. We have the right to revise and amend these terms and conditions from time to time.


2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

All Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

GDPR

You can find out more about how our website is governed by GDPR via our Shopify platform here:

https://www.shopify.com/legal/dpa

We do collect data from customers in order to process their orders and a record is kept of all transactions made on the website. We do not however use that information for any other purpose other than the processing and fulfilment of orders. We do not use your information for marketing purposes or to pass on to any other companies.