Online Self Service: Terms and Conditions

Terms and Conditions

These Terms will apply to any contract between us for the sale of Products or Products and Services or for the provision of Services (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products or Products and Services and Services.

We amend these Terms from time to time. Every time you wish to order Products or Products and Services or Services, please check these Terms to ensure you understand the terms which will apply at that time.

1. Information about us
1.1 We are Whirlpool UK Appliances Limited, a company registered in England and Wales under company number 106725 and have our registered office at Morley Way, Peterborough, PE2 9JB. Our main trading address is Morley Way, Peterborough, PE2 9JB. Our VAT number is GB 513936740.
1.2 To contact us, please see our contact us page.

2. Use of the site
2.1 Your use of the Site is governed by the terms of website use which can be located on the Site. Please take the time to read these, as they include important terms which apply to you.

3. How we use your personal information
3.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

4. How the contract is formed between you and us
4.1 You may only purchase Products and Services from the Site if you are at least 18 years old.
4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
4.3 After you place an order, you may receive an e-mail acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
4.4 We will confirm our acceptance of your order by sending you an e-mail with confirmation of the Contract (Confirmation Email). The Contract between us will only be formed when we send you the Confirmation Email

5. Our liability if you are a consumer
5.1 If you are a consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
5.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by law which cannot be excluded or restricted, including, but not limited to, your rights as a consumer as detailed in our Returns Policy; and
(d) defective products under the Consumer Protection Act 1987.
5.3 Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law.
5.4 Subject to clause 13.2, our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Products charges.

6. Our liability if you are a business customer
6.1 If you are a business customer, we only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes. Subject to clause.

6.2, we have no liability to you arising under or in connection with the Contract, for any: a) loss of profit, sales, business or revenues; b) loss of business opportunity; c) business interruption; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or unforeseeable loss.
6.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any breach of the terms implied by law which cannot be excluded or restricted.
6.4 Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law. 
6.5 Subject to clause 14.2, our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Product charges.

7. Events outside of our control
7.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 1
7.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the provision of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

8. Communications between us
8.1 Contact information:
(a) To discuss any issues relating to cancellation of the Contract, refunds or any faulty or damaged Products, then please refer to the Returns Policy for the relevant contact details.
(b) If you wish to contact us in writing for any other reason, you can contact us by email, post or by telephone. For further details please visit our Contact us page.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order

9. Right to cancel, refunds and discount
9.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order

10. Other important terms
10.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
10.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our Guarantee (as detailed in our Returns Policy) to the recipient of the gift without needing to ask for our consent.
10.3This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of any Product will have the benefit of our Guarantee (as detailed in our Returns Policy), but we and you will not need their consent to cancel or make any changes to these Terms.
10.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products and Services through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
10.7 If you are a business customer, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

11. Alternative dispute resolution regulations 2015
11.1 If you make a complaint to us in relation to any Products or Services that we supply and that complaint remains unresolved as between you and us after you have exhausted our internal complaint process, we will write to you with the name and web address of a certified ADR provider, who is listed on the Chartered Trading Standards Institute website (http://www.tradingstandards.uk) and who is able to assist in resolving disputes relating to our Products and Services.
11.2 When we provide you with the details of a certified ADR provider, we will confirm to you whether we are willing to use ADR to resolve your complaint.
11.3 In accordance with EU Regulation 524/2013 on online dispute resolution for consumer disputes, here is a link to the EU ODR platform: http://ec.europa.eu/consumers/odr/.
The company email address is: theservicecentre@indesit.com

This returns policy (Policy) tells you information about your rights under the Consumer Contracts Regulations 2013 and Consumer Rights Act 2015 for (i) the sale of any finished product, which consists of major domestic appliances (MDAs), small domestic appliances (SDAs), spare parts, cleaning products and accessories (Spare Parts) (collectively known as Products), and (ii) for the provision of any services which may include delivery or delivery and installation or repairs (Services).

These terms will apply to any contract between us for the sale of Products or Products and Services or for the provision of Services (Contract).

We amend these Terms from time to time. Every time you wish to order Products or Products and Services or Services, please check these Terms to ensure you understand the terms which will apply at that time.

Cancellation of the Contract prior to the use of the Product or completion of the Services

1. CONTRACT CANCELLATION UNDER THE CONSUMER CONTRACTS REGULATIONS 2013
1.1 If you are a consumer and you have purchased a Product or Products and Services, you have a legal right to cancel the Contract at any time before or up to 14 days after you have received the Products. This means that during the relevant period if you change your mind or for any reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract. 
1.2 For the provision of Services, you have the legal right to cancel the Contract at any time up to 14 days on which the Contract was made. This means that during the relevant period if you change your mind for any reason you decide you do not want to go ahead with the Service, you can notify us of your decision to cancel the Contract. 
1.3 To cancel the Contract, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com or use our Cancellation Form attached as Annex 1. 
1.4 Your purchase of a Product must be complete, unused and in the same condition as when you received it e.g. if you have removed the Product from the box to examine it you must have done so without damaging or marking it. The Product must be returned with any accessories. 
1.5 By entering into a Contract for the purchase of Products and Services, you acknowledge that the Services will be fully completed before the cancellation period is over and if you cancel the Contract you will have to pay us for the Services.
1.6 By entering into a Contract for the purchase of Services, you acknowledge that you will have no right to cancel the Service, where a Service has been started within the cancellation period at your request and has been fully completed before the cancellation period is over.
1.7 Where a Service has been started within the cancellation period at your request, but has not been completed, you still have the right to cancel. However, you will have to pay to us the reasonable costs for the work that we have done up to when you informed us of your decision to cancel1.8 We will refund the price you may have paid for the Product or Products and Services or Services and if applicable, any basic delivery cost less any deductions which apply in accordance with this Policy, to the card with which you made payment. 
1.9 If your MDA(s) has been delivered, then it will be your responsibility to arrange for us to collect the MDA(s). In the case that we will recover the MDA(s) from you, we will charge you a fee of 50 inclusive of VAT to cover the costs that we will incur. 
1.10 If your Spare Part(s) has been delivered, then you will need to notify us of your intention to return within 14 days of delivery and we will issue you with a Returns Notification Number. Please make sure to quote this number on the correspondence accompanying the return. You will be responsible for the cost of returning the Spare Part(s). We will refund you the value of your order once we have received your return back into the warehouse. Please note that due to the volume of trade that passes through Whirlpool UK Appliances Limited warehouse we may not be able to process returns that are not accompanied by a Returns Notification Number. 
1.11 If your SDA(s) has been delivered, then you will need to notify us of your intention to return within 14 days of delivery and we will issue you with a Returns Notification Number. Please make sure to quote this number on the correspondence accompanying the return. You will be responsible for the cost of returning the SDA(s). We will refund you the value of your order once we have received your return back into the warehouse.

Refunds, returns and discounts

2. SHORT TERM RIGHT TO REJECT UNDER CONSUMER RIGHTS ACT 2015
2.1 If you are a consumer, you have a legal right to reject any Products which do not conform to the Contract at any time before or up to 30 days from the later of delivery or installation of the Products. This right does not apply to the provision of Services and is separate and in addition to your right to cancel the Contract as set out in paragraph 1 above.
2.2 The Contract for the purchase of Products can be cancelled if the Products are not: (i) of satisfactory quality; (ii) fit for a purpose made known to us before you purchased the Product; (iii) as described on our website or any other product guide we have provided you with; or (iv) the installation of the Products was undertaken by us and was performed incorrectly.
2.3 If you notify us of your intention to exercise your right to reject a Product within the 30 day period specified in paragraph 2.1 above, then we may offer you a repair or replacement of that Product in accordance with paragraph 3 below. If you agree to such repair or replacement then your right to reject the Product is suspended for a reasonable time whilst we undertake such repair or replacement. Following completion of the repair or replacement, if the Product still does not conform to the Contract, you will have the longer of (i) 7 days from receiving the repaired or replaced Product, or (ii) the remainder of your original 30 day period to reject such Product.
2.4 To reject a Product, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com. When contacting us, you must inform us of why you are rejecting the Product(s)
2.5 We will refund, in full, the price which you have paid for the Product, including any delivery or installation charges, within 14 days of us agreeing that the refund is due.
2.6 If your MDA(s) has been delivered, then we will contact you in order to arrange a convenient time for collection of the MDA(s). 
2.7 If your Spare Part(s) or SDA(s) has been delivered, then when you notify us of your intention to return the Product we will issue you with a Returns Notification Number and provide you with a returns label. Please make sure to quote this number on the correspondence accompanying the return

3. RIGHT TO REPAIR, REPLACEMENT OR REPEAT PERFORMANCE UNDER THE CONSUMER RIGHTS ACT 2015
3.1 If you are a consumer, you have a legal right to request a repair or replacement of any Products which do not conform to the Contract or to request that we re-perform any 4 Services in order to ensure that they conform to the Contract. In addition, if you notify us of your intention to exercise your short-term right to reject a Product, then we may offer you a repair or replacement of that Product.
3.2 To request a repair or replacement of a Product or the repeat performance of any Services, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com. When contacting us, you must inform us of why you require a repair or replacement of the Product or the performance of the Services.
3.3 If the Product or Services still do not conform to the Contract following repair, replacement or repeat performance, if we are unable to offer a repair, replacement or repeat performance because this would be impossible or if we have failed to carry out such repair, replacement or repeat performance within a reasonable time or without causing you significant inconvenience, then you will have the right to a price reduction as set out in paragraph 4 below or, in the case of Products only, to reject the Products as set out in paragraph 5 below.

4. RIGHT TO A PRICE REDUCTION UNDER THE CONSUMER RIGHTS ACT 2015
4.1 Where you have purchased Products and/or Services and one of the circumstances in paragraph 3.3 applies, you have the right to request a price reduction and to receive a refund for any amount which you have paid us in excess of the reduced price.
4.2 To request a price reduction, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com
4.3 If you are entitled to a refund you will receive this within 14 days of us agreeing that the refund is due.
5. FINAL RIGHT TO REJECT UNDER THE CONSUMER RIGHTS ACT 2015
5.1 Where you have purchased Products and one of the circumstances in paragraph 3.3 applies, you have the right to reject the Products. 
5.2 To exercise your final right to reject the Products, you can call us on 0344 8224 224 or email us at theservicecentre@indesit.com.
5.3 If you reject the Products within six months of them being delivered or installed then you will receive a full refund of any price paid for the Product including any delivery or installation charges within 14 days of us agreeing that the refund is due.
5.4 If you reject the Products later than six months after they are delivered or installed then we may make a deduction in order to take account of the use you have had of the Products in the period since they were delivered.
5.5 When determining the amount of any deduction for use we will consider: (i) the period of time since you received the Product; (ii) the type of Product; (iii) the intended use of the Product; (iv)the expected use of the Product; and (v) any signs or extent of use of the Product. Where appropriate, the amount of any deduction for use may be the full price you paid for the Product.
5.6 You will receive any refund within 14 days of us agreeing that the refund is due.

Annex 1
CANCELLATION FORM
To: Whirlpool UK Appliances Limited, Morley Way, Peterborough, PE2 9JB
0344 8224 224
theservicecentre@indesit.com

I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale for the following goods [*]/ for the supply of the following service [*],

Ordered on [*] / received on [*]

Name of consumer(s): …………………………………………………………………………………..
Address of consumer(s): …………………………………………………………………………………….
…………………………………………………………………………………………………………………..
Order Reference Number: ………………………………………………………………………………..
Date: ………………………………………………………………..

Signature of consumer(s) (only if this form is notified on paper:
…………………………………………………………………………………………………………………..

[*] Delete as appropriate