Cornwall Batteries Terms & Conditions
Terms & Conditions
All orders are placed with Cornwall Batteries. Registered in England No.04615222. VAT registration No.434 3025 86. Registered Office: 349-354 Faraday Mill Trade Park, Cattedown, Plymouth, Devon, PL4 0SF. These terms and conditions will apply to all sales of products made by Cornwall Batteries to our customers.
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
Cornwall Batteries, registered address, 349-354 Faraday Mill Trade Park, Cattedown, Plymouth, Devon, PL4 0SF.
‘Goods’ means the products which we are selling to you as set out in the Order.
‘Order’ means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 12.
‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.
‘We’ and ‘Us’ and related expressions mean Cornwall Batteries as detailed above.
‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.
‘Consumer’ means any person who, in buying goods is acting for purposes that are outside their business.
‘Special orders’ means any goods which are made to your specification, non-stocked items which are ordered specifically for your order, or items which are clearly personalised.
2. Basis of Contract
2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 If any terms are inconsistent with the terms of the Order, the Order shall prevail.
2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an Order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. Cancellation/Cooling Off and Order Amendments
3.1 Orders are automatically placed with our Warehouse and dispatched once the order is confirmed. We are therefore unable to cancel or amend orders once confirmed and the product will be delivered to you. This does not affect your right to return your order if you change your mind. Please refer to section 11 for details of how to return products that have been delivered.
3.2 Cornwall Batteries cannot be held liable for misplaced orders or orders of the incorrect fitment, dimensions or terminal polarity. Whilst every effort is made to ensure you receive the right product, any application listings used are a guide only and cannot be guaranteed to be correct. Please check sizes and terminal layouts before confirming orders.
3.3 With the exception of ‘special’ orders, you may amend your order with us at any time before the packing date. Please contact the store where you placed your order for assistance. Order amendments notified to us after the scheduling date may delay the previously agreed delivery date and time. We will endeavour to amend your order in time for despatch as previously agreed; however should there be insufficient time we will make contact with you to re-arrange a later delivery date.
3.4 With the exception of ‘special’ orders, you may cancel your order with us at any time between the date we accept your order and 10 working days after the goods were received by you. Please see our returns policy in section 11. Please contact the store where you placed your order for assistance. If you cancel your order, you shall have no further claim against us under that contract.
3.5 If you exercise your rights to cancel or amend your order, any refunds due will be refunded within 30 days.
4. The Goods
4.1 We warrant that on delivery the goods shall:
4.1.1 comply in all material respects with their description on the Order;
4.1.2 be of satisfactory quality;
4.1.3 be fit for purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
4.1.4 be free from any material defects in design, material or workmanship; and
4.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
4.2 The warranties set out in this clause 4 are in addition to your legal rights in relation to Goods which are faulty or which do not otherwise conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.3 This warranty does not apply to any defect in the Goods arising from:
4.3.1 fair wear and tear, wilful damage, accident or negligence by you or any third party;
4.3.2 use of the Goods in a way that we do not recommend;
4.3.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which we have provided to you; or
4.3.4 any alteration or repair you carry out without prior written approval.
5. Price and Payment
5.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
5.2 Estimates for goods are given on the basis that a binding contract shall only come into existence in accordance with clause 2.4. The estimate is valid for 30 days from date of issue (unless otherwise stated); unless we notify you that we have withdrawn it during this period.
5.3 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
5.4 The price of goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
5.5 Payment of all Goods must be made in advance by cash, Sagepay, BACS payment, credit or debit cards. We accept payment with Visa, Maestro and Mastercard payment cards.
6.1 The Goods will be delivered to your delivery address specified on the Order.
6.2 Delivery of the order shall be complete when we deliver the Goods to you.
6.3 If we are not able to deliver the whole of the Order at one time for any reason including operational reasons or shortage of stock, we will deliver the Order in instalments, or offer the nearest alternative. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other instalment.
6.4 We will take reasonable steps to meet the delivery estimate set out on the Order (or as otherwise agreed between us in writing). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where special deliveries have been arranged and a contract has been agreed by both parties in writing at the time of ordering.
6.5 Please advise us if access to the delivery address will be difficult for an 8ft 6in wide, 30ft long high-sided vehicle. Should any doubt exist, please contact Home Deliveries on 0800 9998211 to make alternative arrangements.
6.6 Wherever possible, deliveries will be made using our own fleet of vehicles, but this is not guaranteed. Heavy goods deliveries may require your assistance to offload. Offers to assist the delivery are made at your own risk and should only be attempted if you are comfortable lifting the load. In the event you are unable to assist and the delivery is to heavy for the driver to safely deliver on their own, we will discuss with you and will either re-arrange the delivery for a later date where more assistance is available, or the delivery will be made to the nearest point of access that can be achieved by the driver. Where a carrier service is required i.e. overseas deliveries, small parcels or express deliveries, we will use a carefully selected carrier service for your order. The service standard for these carrier service orders is delivery to the nearest access point to the delivery address. If help is and assistance is needed to put the goods inside your property, we recommend contacting Home Deliveries for advice on 0800 9998211.
6.7 We may decline to deliver the Goods if:
6.7.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.7.2 the premises (or access to them) are unsuitable for the delivery vehicles we use.
6.8 If you fail to take delivery of the Order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.8.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses; and
6.8.2 we shall have no liability for late delivery.
6.9 Once received, please check all goods within 48 hours. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
7.1 There is a short video detailing how to remove and fit your battery safely on our website. If you do not have access to our website, please call our fitment team on 0800 9998211 and one of our trained staff will talk you through the procedure. Installations should only be carried out once the relevant guide has been read and understood by the installer.
7.2 Installation constitutes acceptance of the product.
8. Risk and Title
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9. Limitations of Liability
9.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
9.2 Neither you or we shall be responsible for losses that result from our own failure to comply with these Terms
including, but not limited to, losses that fall into the following categories:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of anticipated savings;
9.2.4 loss of data; or
9.2.5 any waste of time. However this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.3 Neither of us will exclude or limit in any way our liability for:
9.3.1 death or personal injury caused by our negligence; or
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 any breach of the obligations implied under section 12 of the Sale of Goods Act 1979; or
9.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
9.3.5 any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability.
10. Waiver and Variations
If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
11. Return of Goods (excluding special order items)
11.1 The following items returned in good condition to Cornwall Batteries within 28 days of purchase with proof of purchase will be refunded in full within 28 days minus any carriage costs incurred by ourselves.
11.2 Should you wish to return an unwanted order following delivery you may do so by informing us within 10 working days of receipt of delivery. Goods must be returned to us and we ask that you take reasonable care when handling the Goods and return the Goods to us unopened, unused and in their original packaging, where possible. A refund will be given within 28 days minus any carriage cost incurred by ourselves.
11.2.1 Please confirm your intent to return the Order by calling the Customer Services on 0800 9998211 within 10 working days of receipt; we will confirm to you a returns address and reference for your package.
11.2.2 The cost of returning the Goods once delivered is at your own cost and risk;
11.2.3 We are not responsible for any loss or damage to any returned Goods in transit and as such, we recommend that you return the Goods through a recorded delivery service.
11.2.4 When returning goods please carefully package the Goods together with your returns reference.
11.2.5 If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage.
11.2.6 Where we have agreed to the return of goods, these goods must be returned within 30 days of the notice of intent.
11.3 In the unlikely event that the Goods do not conform to these Terms, please let us know as soon as possible by contacting Customer Services on 0800 9998211.
If you have fully charged your battery and think it is faulty there are 2 options on how to process your warranty claim:
Option 1 -Having the battery tested yourself
11.4 Take the battery to a local garage for a battery test. Make sure the battery is fully charged and over 12.6 volts when the test is performed. Ensure that the voltage is shown on the test report.
· Send the test report via fax, email or post with a copy of your invoice or order number (Invoice will be emailed to you). Make sure your address and phone number are included.
· When we have received the test report and the invoice we will call you to arrange a new product to be sent to you and collection of the faulty item.
Option 2 - Returning the battery for Test
11.5 Call us with your invoice / order number, we will then take a deposit of £30.00 and collect your battery for testing.
· If the battery is faulty we will send you a new battery and credit your £30.00 deposit. If your battery is not faulty we will send the battery back to you with the print out from the tester. Your £10.00 deposit will not be refunded. The battery will be sent back fully charged and ready to use.
Cornwall Batteries do not refund the cost of any Test Reports received.
Under the warranty no refunds will be issued.
11.6 If you exercise your right to return your order, any refunds due will be refunded within 30 days.
12. Unexpected Event
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected Event’).
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
13. Trade Customers
These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade website www.cornwallbatteries.co.uk. Please contact your nearest showroom for more information.
14.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have nonexclusive jurisdiction.
14.2 If any of these Terms are unenforceable as drafted:
14.2.1 it will not affect the enforceability of any other of these Terms; and
14.2.2 if it would be enforceable if amended, it will be treated as so amended.
14.3 All notices sent by you to us must be sent to Cornwall Batteries at the registered offices above. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
14.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.