Terms and Conditions
1. These terms
1.1 These are the terms and conditions on which we supply products to you, whether these are goods, services and equipment supplied directly or to you as a user of our website www.elmdale.co.uk
1.2 Please read these terms and conditions carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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.
2. Information about us and how to contact us
2.1 We are Elmdale Welding and Engineering Supplies Limited a company registered in England and Wales. Our company registration number is 02018707 and our registered office is at 2 High Street Burnham on Crouch Essex CM0 8AA. Our registered VAT number is GB 250 3881 70.
2.2 You can contact us by telephoning our customer service team at 03333 44 63 63 or by writing to us at firstname.lastname@example.org.
2.3 If we must 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.
2.4 When we use the words "writing" or "written" in these terms, this includes emails but not fax.
3. Our contract with you
3.1 Our acceptance of your order will take place when we write to you to accept it OR we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is 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 product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our sales literature and website are solely for the promotion of our products in the UK. Enquire at email@example.com if you wish to order from outside of the UK.
4. Our products
4.1 The images of the products in our sales literature and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our sales literature accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown on images on our website, in our catalogue or in our brochure.
4.3 All samples, drawings, descriptive matter, specifications, and advertising issued by us and any descriptions or illustrations contained in the our catalogues or brochures are issued or published for the sole purpose of giving an approximate odea of the goods described in them. They shall not form part of the contract, and this is not a sale by sample.
5. Your rights to make changes
If you wish to make a change to the product you have ordered, 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 product, 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.
6. Our rights to make changes
6.1 We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 In addition, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. Providing the products
7.1 The costs of delivery will be as told to you during the order process.
7.2 During the order process we will let you know when we will provide the products to you. If the products are ongoing services, we will also tell you during the order process when and how you can end the contract.
7.2.1 If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order OR we will contact you [with an [estimated] delivery date OR to agree a delivery date], which will be within [30 OR [other number] days after the day on which we accept your order].
7.2.2 If the products are one-off services, we will begin the services [on the date set out in the order OR on the date we accept your order OR 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.
7.3 If our supply of the products 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 products you have paid for but not received.
7.4 If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 8am to 5pm on weekdays (excluding public holidays).
7.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 10.2 will apply.
7.7 If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
7.7.1 we have refused to deliver the products;
7.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.7.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 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 7.7, 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.
7.9 If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the products or rejected products that have been delivered. If you wish, you can reject or cancel the order for some of those products (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 products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.10 The product will be your responsibility from the time we deliver the product to the address you gave us.
7.11 You own a product that is goods once we have received payment in full.
7.12 We may need certain information from you so that we can supply the products to you, for example, Brand, model, size, or colour. 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 (see clause 10.1) 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 products 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.
7.13 We may have to suspend the supply of a product to:
7.13.1 deal with technical problems or make minor technical changes.
7.13.2 update the product to reflect changes in relevant laws and regulatory requirements.
7.13.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.14 We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15 If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to end the contract
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances, we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 11).
8.2 If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 (inclusive) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2).
8.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control.
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (but see clause 7.7 in relation to your rights to on end the contract if we deliver late.
8.3 If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
8.4 If a contract between you and us is concluded over the telephone or by exchange of emails, 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.
8.5 You do not have a right to change your mind in respect of:
8.5.1 services, once these have been completed, even if the cancellation period is still running.
8.5.2 products sealed for health protection or hygiene purposes, once these have been unsealed after your receive them; and
8.5.3 any products which become mixed inseparably with other items after their delivery.
8.6 How long you have to change your mind depends on what you have ordered and how it is delivered:
8.6.1 if you have bought services from us, you have 14 days after the day we write to 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.
8.6.2 if you have bought goods from us, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case, you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.7 Even if we are not at fault and you do not have a right to change your mind, 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 product is delivered 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 it is 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 products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 To end the contract with us, please let us know by doing one of the following:
9.1.1 call customer services on 03333 44 63 63 or email us at firstname.lastname@example.org. Please provide details of what you bought, your order number, when you ordered or received it and your name and address.
9.1.2 write to us enclosing the attached Cancellation Form at 23-25 Brook Road, Rayleigh, Essex SS6 7XR including details of what you bought, your order number, when you ordered or received it and your name and address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 100b Lady Lane Industrial Estate Hadleigh Suffolk IP6 7BQ or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 03333 44 63 63 or email us at email@example.com 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.
9.3 We will pay the costs of return:
9.3.1 if the products are faulty or mis-described; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product 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.
9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 If you are exercising your right to change your mind:
9.6.1 we may reduce your refund of the price to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. 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.
9.6.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6.3 where the product is a service, we may deduct from 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.
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
9.7.1 if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
9.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, Brand, model, size or colour.
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.1.4 if you are entering into a contract with us as a sole trader, partnership, company, LLP or any other business entity and you suspend or cease, or threaten to suspend or cease, to carry on all or a substantial part of your business; or
10.1.5 if you are entering into a contract with us as a sole trader, partnership, company, LLP or any other business entity and your financial position deteriorates to such an extent that in our opinion you are unable to pay for the services.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur because of your breaking the contract.
10.3 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 4 weeks in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 03333 44 63 63 or write to us at firstname.lastname@example.org. Alternatively, please speak to one of our Customer Service Team.
11.2 We are under a legal duty to supply products that are in conformity with this contract. If you are an individual who has requested our services for purposes that are wholly or mainly outside your trade, business, craft or profession, then please see the box below for a summary of your key legal rights in relation to the products we provide. Nothing in these terms will affect your 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 your product is goods, for example a flap disc or cut & grind wheel, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product 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.
See also clause 8.6.
If your product is services, for example repairing, servicing and calibration of welding equipment, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s 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.
See also clause 8.6.
11.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
12. Price and payment
12.1 The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of product advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 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 so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, 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 and refund you any sums you have paid.
12.4 We accept payment with Visa, Mastercard, Solo, Maestro, American Express, Paypal and payments made in cash. When you must pay depends on what product you are buying:
12.4.1 for goods, you must pay for the products before we dispatch them except when you have an approved credit account with the Company (see 12.4.3) We will not charge your credit or debit card until we dispatch the products to you;
12.4.2 for services, you must make an advance payment of % 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 OR in arrear] for the services until the services are completed]. You must pay each invoice within agreed terms after the date of the invoice.
12.4.3 Commercial credit Application forms can be downloaded from our website or requested by contacting email@example.com . As part of our assessment of you for granting credit we will send details to a credit reference agency for information relating to you, as set out in the application form. Decisions to open a credit account may take up to 24 hours.
12.5 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 Nat West Bank PLC from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Title and ownership. In spite of delivery having been made property in the Goods shall not pass from the Seller until;
The Buyer shall have paid the Price plus VAT in full; and
No other sums in respect of the Contract in question shall be due from the Buyer to the Seller.
The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property until such point that Title in the Goods has transferred to the Buyer.
Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full market value for the account of the Seller.
14. Our responsibility for loss or damage suffered by you
PLEASE READ THIS CLAUSE CAREFULLY
14.1 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.
14.2 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 products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987
14.3 If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
15.1 We will use the personal information you provide to us:
15.1.1 to supply the products to you.
15.1.2 to process your payment for the products; and
15.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15.2 Where we extend credit to you for the products, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
16. Price Matching
While we always aim to have competitive pricing across our range, the market is dynamic and constantly changing. To ensure our customers can be confident they are receiving the right products at the right prices we have introduced a price matching option.
16.1 A price match request must be submitted via the FOUND IT CHEAPER? REQUEST PRICE MATCH button (Where this button does not exist as we introduce it across the site use the Contact Us option).
16.2 The request should include links to the same product on a competitor website and be a direct like-for-like comparison. Please note that some Arc Equipment packages are assembled by Elmdale containing premium components E.g. MIG Welder packages assembled by us will always contain either a Binzel torch or torch supplied by the relevant machines manufacturer.
16.3 Any price match request is not guaranteed and at the discretion of Elmdale Welding & Engineering Supplies Ltd. Confirmation of successful price match will be confirmed in writing via email.
17. Other important terms
17.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
17.2 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 person if we agree to this in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
17.4 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.
17.5 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 later. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
17.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.