Your attention is drawn in particular to clause 5 which relates to our right to make changes to these terms and/or the Goods and/or Services, and to clause 7 which outlines when you have a right to change your mind in relation to the Goods and/or Services and when you may lose such right; and to clause 12 which specifies the limits of our liability to you.
1. THESE TERMS AND CONDITIONS
1.2 Please read these terms carefully before you submit your Order (as defined below in clause 1.3) to us. These terms tell you who we are, how we will 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 as soon as reasonably possible using the contact details set out below in clause 2.2.
(a) ‘E&P Hydraulics’, ‘we’, ‘us’ and ‘our’ means E&P Hydraulics (see clause 2.1 for more information about us);
(b) ‘Goods’ means the caravan and/or motor home hydraulics kit, spare parts, accessories and other goods (or any part of them) detailed in the Order Confirmation;
(c) ‘Order’ means your order for the supply of Goods and/or Services, as set out in your acceptance of our quotation (whether written or verbal) or in such other written or verbal form as E&P Hydraulics deems (in its absolute discretion) to be acceptable from time to time;
(d) ‘Order Confirmation’ shall have the meaning set out in clause 3.4;
(e) ‘Services’ means the installation, maintenance, servicing, repair and/or other services supplied by us to you detailed in the Order Confirmation;
(f) ‘Website’ means the website of E&P Hydraulics at www.ep-hydraulics.co.uk (as may be updated from time to time);
(g) ‘you’ and ‘your’ means you the customer, who is buying Goods and/or Services from us.
1.4 Where there is a reference in these terms to Goods and/or Services, this shall mean the Goods, the Services or the Goods and Services which E&P Hydraulics has agreed to supply to you (as confirmed by us to you in the Order Confirmation).
1.6 When we use the words "writing" or "written" in these terms, this includes emails but does not include fax.
2.1 We are E&P HYDRAULICS UK LIMITED, a company registered in England and Wales with company registration number 07471546. Our registered office address is at Richard House, Winckley Square, Preston, Lancashire PR1 3HP with our main trading address being at Unit 10, Elder Court, Lions Drive, Blackburn, Lancashire BB1 2EQ. Our registered VAT number is 109339709.
2.2 You can contact us by telephoning our customer services team on 01254 297785 or by writing to us by post to our trading address (as referred to in clause 2.1), by email to [email protected] or by filling in the contact form on our Website. Alternatively, you can speak with us in-store at our commercial center (which is located at our trading address).
2.3 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. It is your obligation to ensure that your contact details are accurate and up to date. Please ensure that any changes to your contact details are notified to us as soon as reasonably possible. We cannot be responsible for any communications that you do not receive because you did not update your contact details with us.
3.4 Our acceptance of your Order will take place when we notify you in writing (whether by email or otherwise) that we accept it (Order Confirmation), at which point a contract will come into existence between you and us.
3.5 If we are unable to accept your Order, we will inform you of this by contacting you in accordance with clause 2.3 and will not charge you for the Goods and/or Services. This might be because the Goods are out of stock, 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 delivery dates for Goods and/or Services you have specified.
3.6 We will assign an order reference number to your Order and will provide you with details of your order reference number in the Order Confirmation. It will help us if you can tell us the order reference number whenever you contact us about your Order.
3.7 Where the contract between you and us is for Services alone or Goods and Services, then by placing an Order, you confirm that you are the legal owner of the vehicle to which the relevant Services are to be provided or otherwise have the permission of the legal owner of the vehicle to engage us to perform the relevant Services.
4.1 The images of the Goods on our Website and in our other marketing materials (which includes, for example, our brochures and catalogues) are for illustrative purposes only. Your Goods may vary slightly from those images. While we try to make sure that all weights, sizes and measurements set out on our Website and in our marketing materials are as accurate as possible, there may be a small tolerance of up to 2% in such weights, sizes and measurements in the Goods.
4.2 The packaging of the Goods may vary from that shown in images on our Website or in our marketing materials.
(c) where required to do so in order to comply with updated manufacturers’ guidelines and/or instructions issued by or on behalf of manufacturers to us from time to time (whether for safety reasons or otherwise).
5.2 In addition to those changes listed in clause 5.1, we may make more significant changes to these terms or the Goods and/or Services, but if we do so and such changes adversely affect your use of the Goods and/or receipt of the Services, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Goods and/or Services paid for but not received.
6. PROVIDING THE GOODS AND SERVICES
6.1 The costs of delivery of the Goods (including, where applicable, any customs duties, tariffs and taxes in respect of sales made outside of the United Kingdom) will be as set out in the Order Confirmation or as otherwise notified by us to you in writing during the order process.
6.2 During the order process we will let you know when we will provide the Goods and/or Services to you and we will confirm such date in the Order Confirmation. Where your Order relates to the supply of Goods and Services, we will not deliver the relevant Goods (for example, any hydraulics kit) to you or make the Goods available for collection but instead we shall take physical possession of the Goods until such time as we provide the corresponding Services (for example, installation of the hydraulics kit).
6.3 If you have asked to collect the Goods from our premises, you can collect them from us at any time during our working hours (excluding bank or public holidays). Please contact us using the contact details set out in clause 2.2 for information in relation to our working hours.
6.4 If no one is available at your address to take delivery of the Goods, we will leave you a note informing you of how to rearrange delivery or collect the Goods from our local commercial center. If you fail to take delivery of the Goods, we may charge you any direct costs incurred by us as a result.
6.5 If you do not collect the Goods from us as arranged or if, after a failed delivery to you in accordance with clause 6.4, you do not re-arrange delivery or collect them from our local commercial center, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your Order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the Order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either return them in person to where you bought them (or to such other location agreed in writing by us), or allow us to collect them from you. We will pay the costs of collection. Please call our customer services team or email us using the details set out in clause 2.2, to arrange collection.
6.9 The Goods will be your responsibility from the time we deliver the Goods to the address you gave us in your Order or you or a carrier organised by you collect the Goods from us. Where we take physical possession of the Goods in accordance with clause 6.2, the Goods shall remain our responsibility from the time that we take physical possession until such time as we have performed the Services and your vehicle leaves our premises.
6.11 We may deliver your Goods in instalments. If you want to see whether your Goods may be delivered in this way, please speak with one of our representatives.
6.12 We may need certain information from you so that we can supply the Goods and/or Services to you (such as details of the make, model and specification of your caravan or motor home, as applicable). If so, this will have been notified to you during the order process. 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, incorrect or misleading 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.
(b) update the Goods and/or Services to reflect changes in relevant laws and regulatory requirements and/or to reflect any changes to manufacturers’ guidelines in accordance with clause 5.1(c).
6.14 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 supply of the Goods and/or Services for longer than one (1) calendar month, 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 Goods and/or Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one (1) calendar month and we will refund any sums you have paid in advance for the Goods and/or Services in respect of the period after you end the contract.
6.15 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 10 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 supply of the Goods and/or Services where you, acting reasonably, dispute the unpaid invoice (see clause 11.5). We will not charge you for the Goods and/or Services during the period for which they are suspended.
(a) 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 the Service re-performed or to get some or all of your money back), see clause 10 for more information;
(c) if you have just changed your mind about the Goods and/or Services, see clauses 7.3 to 7.8 (inclusive). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.
7.2 If you are ending a contract for a reason set out at (a) to (e) of this clause 7.2 below, the contract will end immediately and we will refund you in full for any Goods and/or Services which have not been provided and you may also be entitled to compensation. The reasons are:
(d) we have suspended supply of the 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 than one (1) calendar month; or
7.3 For most products bought over the telephone or by exchange of emails (but not in-store), you have a legal right to change your mind within 14 days and receive a refund (this is known as the "cooling-off period"). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 In limited circumstances, you shall not have a right to change your mind under the Consumer Contracts Regulations 2013. Such right does not exist, for example, for customised, bespoke or personalised products or in respect of services, once these have been completed, even if the cooling-off period is still running.
(a) the supply of Goods alone, the cooling-off period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods;
(b) the provision of Services alone, the cooling-off period will expire after 14 days from the day on which the contract is entered into. By expressly requesting that we start providing the Services during the cooling-off period in accordance with clause 7.8, you acknowledge and agree that once we have completed the Services you cannot change your mind, even if the cooling-off period is still running. If you change your mind 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;
(c) the supply of both Goods and Services, such contract will be treated as a goods contract for the purposes of the Consumer Contracts Regulations 2013 and as such the cooling-off period will expire after 14 days from the day on which we, as the recipient identified by you to take physical possession of the Goods in such circumstances in accordance with clause 6.2, actually acquire physical possession of the Goods. By expressly requesting that we start providing the Services aspect of the contract during the cooling-off period in accordance with clause 7.8, you acknowledge and agree that you must pay us for the Services provided up until the time you tell us that you have changed your mind and any other costs detailed in clause 8.6 below.
7.6 To exercise the right to change your mind, you must inform us of your decision to end the contract by a clear statement (for example, a letter sent by post or email) using the contact details set out in clause 2.2. You may use the model cancellation form included in the Schedule at the end of these terms, but it is not obligatory.
7.7 To meet the cooling-off period deadline (referred to in clause 7.5), it is sufficient for you to send your communication concerning your exercise of the right to change your mind before the cooling-off period has expired.
7.8 Where you have requested Services alone or Goods and Services from us, then by placing an Order with us and agreeing to these terms, this shall be taken to be your express request for us to start providing the relevant Services during the cooling-off period referred to in clause 7.5. As summarised in clause 7.5, you will be required to pay for any Services which we have carried out during the applicable cooling-off period and any other costs detailed in clause 8.6 below.
8.1 To end the contract with us, please let us know by writing to us by post or by emailing us, in each case using the details set out in clause 2.2 (except, where you have just changed your mind about the Goods and/or Services and wish to end the contract, please follow the instructions set out in clause 7.6):
8.2 If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must promptly return them to us. You must either return the Goods in person to your local commercial center (or such other location as agreed in writing by us), or allow us to collect them from you. Please call our customer services team or email us (in each case using the details set out in clause 2.2) to arrange collection with us.
(b) if you are ending the contract because we have told you of an upcoming change to the Goods and/or Services 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any loss in the value of the Goods supplied, if the loss is the result of unacceptable handling or use by you (including where you or a third party other than us uninstalls the Goods) and for any damage caused by such uninstallation and/or for fair wear and tear. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(c) we may deduct from any refund due to you or charge you (at our discretion) an amount for the supply of the Services for the period for which they were 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.
(d) we suspect that you are not, or do not have the permission of, the owner of the vehicle in breach of clause 3.7; or
(e) we suspect that you are acting, or you otherwise provide instructions which, in our reasonable opinion are contrary to applicable laws, statutes, regulations and codes from time to time in force.
9.2 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 your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE GOODS AND/OR SERVICES
10.1 If you have any questions or complaints about the Goods and/or Services, please contact us using the contact details set out in clause 2.2. We will try to resolve any disputes with you quickly and efficiently.
10.2 We are under a legal duty to supply Goods and Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Goods and/or Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If there is something wrong with your Goods, the remedies for goods will apply. If there is something wrong with the Services provided to you, the remedies for services will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree the most appropriate course of action with you.
If your product is Goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Goods, your legal rights entitle you to the following:
up to 30 days: if your Goods are faulty, then you can get an immediate refund.
up to six months: if your Goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your Goods do not last a reasonable length of time you may be entitled to some money back.
If your product is Services, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can't fix it.
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
10.3 If you wish to exercise your legal rights to reject Goods in accordance with your legal rights summarised in clause 10.2 or the provisions of clause 10.5 apply, you must either return them in person to your local commercial center (or such other location as agreed in writing by us) or allow us to collect them from you. We will pay the costs of collection. Please call our customer services team or email us (in each case using the contact details set out in clause 2.2) to arrange collection with us.
10.4 In addition to, and without in any way limiting or affecting your legal rights summarised in clause 10.2 (but except as set out in clause 10.6), we warrant that on delivery and for a period of 24 months from the date of delivery (warranty period), the Goods shall:
10.5 Except as set out in clause 10.6, if:
(c) such Goods are returned to us or you have arranged for us to collect the Goods, in accordance with clause 10.3,
we shall, at our option (acting reasonably), repair or replace the defective Goods, or refund the price of the defective Goods in full. We will contact you in accordance with clause 2.3 to arrange such repair, replacement or refund.
(b) the defect arises because you failed to follow our oral or written instructions as to the (i) installation, combination, commissioning, fitting, use or maintenance, or (ii) water proofing or anti-corrision, of the Goods;
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards and/or to reflect any changes to manufacturers’ guidelines in accordance with clause 5.1(c).
11.1 The price of the Goods and/or Services (which includes VAT) will be the price set out in the Order Confirmation. 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 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 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order. However, where the correct price is less than the price stated to you, we will charge the lower amount. If the correct price is higher than the price stated to you, we will contact you for your instructions.
(a) for Goods alone, you must pay for the Goods in full (with the price for the Goods being determined in accordance with clause 11.1) before we dispatch them. We will not charge your credit or debit card until we dispatch the Goods to you;
(b) for Services alone, you must pay for the Services (with the price for the Services being determined in accordance with clause 11.1) in full before we commence the Services;
(c) for Goods and Services, details of our payment terms shall be set out in the Order Confirmation or otherwise notified to you in writing during the order process.
12.1 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 as summarised at clause 10.2; and for defective products under the Consumer Protection Act 1987.
12.3 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 reasonable steps to minimise the effect of the delay. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control. An event outside of our control may include, for example, fire, flood, explosion, earthquake, disease, virus, epidemic or pandemic (including Covid-19 and any potential mutation or variant of it and any subsequent similar outbreak), government requirements and acts or omissions, quarantine requirements, lockdown, other natural disaster, failure of public or private telecommunications networks, any consequence arising as a result of or in connection with Brexit.
12.4 We are not liable for business losses. We only supply the Goods and Services for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.4 Unless set out in these terms, any notice to be given by you to us under this contract must be delivered to us in writing to the trading address set out at the beginning of these terms, or any such other address as may be notified by us to you from time to time. We will give notice to you under this contract using the contact details supplied by you when placing an Order.
14.5 Except where permitted by these terms, neither E&P Hydraulics nor you may alter the terms of this contract without the express agreement in writing of the other.
14.6 Each clause of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.7 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 date. 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.
14.8 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 can 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.
SCHEDULE- MODEL CANCELLATION FORM
Model Cancellation Form
To: E&P Hydraulics UK Limited, Unit 10, Elder Court, Lions Drive, Blackburn, Lancashire BB1 2EQ. Our email address is [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [*]/for the supply of the following service [*].
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate