TERMS OF SALE ON DOMETIC.COM
1 Introduction
1.1 These Terms of Sale on dometic.com (the “Terms“) set out the specific terms and conditions applicable to the supply of products, including spare parts (“Products“), ordered by companies and/or consumers (“You“) from the Dometic ecommerce site on dometic.com (“Dometic Online”) for delivery in the UK. Additional product and warranty information (including product specifications) can be found on Dometic Online’s product page(s). WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 5 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 8.
1.2 Company information (“Dometic”)
Dometic means the Dometic entity from whom You purchase Products, being (depending on the circumstances):
Dometic UK Limited, co. reg. no.04190363, Dometic House, The Brewery, Blandford St May, Dorset DT11 9LS
Dometic UK Awnings Limited, co. reg. no.05964899, Little Braxted Hall, Little Braxted, Witham, Essex CM8 3EU
If it is not clear to you which company you are contracting with, please contact Dometic’s customer service.
Contact information for Customer Service:
Phone: 0344 626 0130 or 01376 500 111
Email: customerservices@dometic.co.uk
1.3 By ticking the “I agree” box in the checkout process and submitting the order, You accept and agree to be bound by these Terms. Please make sure You have read and understood the Terms before placing Your order. Other terms available on Dometic Online, such as the Terms and Conditions of Use of the Dometic website as well as the Privacy Notice and Cookie Policy are also applicable to Your use of Dometic Online and your order. These Terms shall prevail, as the case may be, over any other version or any contradictory document.
1.4 By accepting these Terms You confirm that You are at least 18 years of age or of legal age to form a binding contract with Dometic.
1.4 The Terms may be amended from time to time without prior notice to You. The version of the Terms that will apply to Your order will be the one that is available on Dometic Online at the time You place Your order.
2 Ordering Products
2.1 Products are ordered and the contract for the purchase of Products is concluded in accordance with the following process:
(i) After selecting the Products, You place the order by proceeding to the checkout. You will be guided through the checkout process by a series of instructions on Dometic Online. You agree that Your order is an offer to buy, under these Terms, the Products listed in Your order and that a binding contract between You and Dometic will be formed if and when the order is accepted by Dometic. Whilst Dometic endeavours to supply all ordered Products, please note that Dometic is free not to accept Your order for any reason, including where Products are no longer available.
(ii) You will receive an email with an order acknowledgement detailing the Products that You have ordered. Please store Your order number and date for future references. The order acknowledgement confirms that Dometic has received Your request but does not constitute an order confirmation or acceptance by Dometic. You may cancel or update Your order up until Dometic has sent You the order confirmation (see next point).
(iii) Once Your order has been processed and accepted by Dometic and Your Product is ready to be shipped, Dometic will send You an order confirmation by email or a text message.
Upon receipt of the order confirmation, the conclusion of the contract for the purchase of the Product(s) takes place. Actual dispatch will, however, take place subject to what is set out in section 4.3. If a Product that You have ordered is not in stock (including if the ordered quantity is partially not in stock), Dometic will contact You so that You can either cancel the order or, where the Product is expected to come back in stock, maintain Your order.
Once confirmed and accepted by Dometic, under the conditions described above, Your order cannot be modified unless otherwise agreed by Dometic.
Once confirmed and accepted by Dometic, under the conditions described above, Your order cannot be cancelled apart from the exercise of Your right of cancellation as set out in section 5 or in the case of force majeure.
3 Delivery
3.1 Dometic shall arrange for shipment of the Products to You by using the shipment option selected by You in the checkout process.
3.2 Shipping and delivery dates are estimates only and cannot be guaranteed. If the Products are not available within these estimated delivery times Dometic will let You know through the contact information You provided. If Products are not available in the ordered quantity, You may decide to receive such lower quantity and cancel the remaining ordered quantity or cancel the order in its entirety.
3.3 The ownership in the Products shall not pass to You until the amount payable for these Products has been paid in full, regardless of the delivery date of these Products.The delivery shall be completed when Dometic delivers the Products as ordered to the address You provided. If no one is available at Your address to take delivery, reasonable measures will be used to try and effect delivery. You accept to reimburse Dometic for any additional shipment/handling costs caused as a consequence of Your failure to take delivery in accordance with the agreed terms for delivery.
4 Prices, Delivery Costs and Payment
4.1 The prices applicable to the ordered Products are specified on Dometic Online, as confirmed in the order confirmation. All prices are displayed in the local currency of Dometic Online, inclusive of VAT (where applicable) but exclusive of charges for shipping and handling (these will be added to Your merchandize and itemized before You agree to these Terms).
4.2 Although Dometic makes its best efforts to ensure that all prices on Dometic Online are accurate, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). If Dometic discovers an error in the price of Products You have ordered, Dometic will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling the order.
4.3 Available payment methods are presented for Your selection on Dometic Online in the checkout process. Your credit or debit card will be charged and the bank transfer shall be effected, respectively, upon acceptance of Your order. The Products shall be dispatched once the credit/debit card has been charged or the payment has been received (respectively).
4.4 By submitting an order through Dometic Online, You are confirming that the payment details provided on Your order are valid and correct and that You are authorised to use the credit or debit card for the payment.
5 Right of Cancellation for Consumers
5.1 If You order the Products in Your capacity as a consumer (pursuant to applicable consumer law), You have the right, without giving any reasons, to change your mind and cancel Your order at any time up until 14 days after Your receipt of the Product. To exercise the right of cancellation, You shall inform us of Your decision to withdraw by making a clear statement in writing. To comply with the time limit You shall send the withdrawal notice to the Dometic’s customer service no later than the 14th day from the receipt of the Product. You can receive information about the return procedure from Dometic’s customer service.
5.2 Should any payments have been made, these shall promptly, at the latest within 14 days from receipt of Your notice of withdrawal, be repaid by Dometic attempting to use the same method as You used to make the payment. Dometic shall, however, not reimburse You for the costs of returning the Product to Dometic. Wherever possible, the Products shall be returned in their original packaging but, if this is not possible, You shall make sure that You pack the Products securely for forward transit.
5.3 If there is a loss in value to any of the returned Products, and this loss is the result of use of the Product other than what is required for inspection of the Product, Dometic shall have the right to make a deduction from any reimbursement or refund made to You corresponding to the loss in value of the Product.
6 Inspection, Installation and Use
6.1 Upon taking delivery of the Product, You shall promptly inspect the Products in order to verify that the Product has not been damaged during shipment and there are no obvious defects in the Product. Any such damages or defects shall be notified to Dometic’s customer service without delay but not later than within five (5) working days of the delivery.
6.2 You are responsible for the proper installation and use of the Products that You have purchased on Dometic Online. For proper guidance, You shall always read and follow any instructions on the package for the Products and the relevant Dometic user/product manual and installation guide that are included with the Products and which can be accessed online at http://manuals.dometic.com/
6.3 Spare parts that You have purchased on Dometic Online shall always be installed and used in accordance with the relevant Dometic’s user manual and installation guide for the Product into which You intend to install and use the spare parts.
7 Statutory Consumer Rights and Warranties
7.1 If You are a consumer, You have statutory rights if the Products delivered to You are not in compliance with the product specifications, including these Terms. These statutory rights (including the right to repair, replacement or refund of the price in certain situations) are not affected by any provision in these Terms. If You wish to invoke Your statutory consumer rights, please contact Dometic’s customer service.
7.2 The Products may also be subject to a manufacturer warranty in accordance with the terms and conditions of the warranty card that may accompany the Product.
7.3 Except for the above and to the extent permitted by applicable law, Dometic disclaims any and all warranties whether express or implied, including but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and reliability or availability.
8 Limitation of Liability; Force Majeure
8.1 Dometic’s total liability under these Terms in relation to any individual purchase order shall be limited to the price that You have paid to Dometic in respect of that order. Dometic shall not under any circumstances have any liability for indirect, special, incidental or consequential damages or losses nor assume any liability for claims caused by (a) inaccurate installation, assembly, mounting, maintenance, use, repair or refinement of the Products by You or third parties; or (b) use of spare parts other than original spare parts as provided by Dometic in connection with the assembly, mounting, maintenance, repair or otherwise; or (c) by normal wear and tear, in which cases You or the third party, as the case may be, shall bear all costs involved.
Please note that use, installation or maintenance of the Product which is not carried out in the required manner in accordance with Dometic’s instructions or user manuals may cause personal injury and product damages.
8.2 The limitation of liability in section 8.1 shall not apply in case of death or personal injury caused by Dometic’s negligence or that of our employees, agents or subcontractors nor for fraud or fraudulent misrepresentation, gross negligence or willful misconduct on the part of Dometic. Additionally, nothing in these Terms shall in any way exclude the statutory rights for consumers.
8.3 Dometic shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms relating to events outside its reasonable control, including but not limited to acts of god, fire, flood, severe weather, disasters, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving its employees), epidemics or acts of local or central government or of any other competent authorities, general delay of transportation as well as other force majeure events pursuant to applicable law.
9 Governing Law; Dispute Resolution
9.1 Unless otherwise agreed in writing these Terms and any contract concluded thereunder are governed by English law (without regard to its conflict of law principles). These Terms are not governed by the United Nations Convention on the International Sale of Goods, the application of which is expressly excluded
9.2 Any dispute arising out of or in connection with these Terms or any contract concluded thereunder, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, UK. The language to be used in the arbitral proceedings shall be English. Any arbitral proceedings conducted hereunder, including all information disclosed as well as any decision or award that is made or declared during the proceedings, shall be kept strictly confidential.
9.3 Notwithstanding section 9.2, if You are a consumer you can bring legal proceedings in respect of the Products in the courts of England and Wales. If You are a consumer and You live in Scotland You can bring legal proceedings in respect of the Products in either the Scottish courts or the courts of England and Wales. If You are a consumer and You live in Northern Ireland You can bring legal proceedings in respect of the Products in either the courts of Northern Ireland or those of England and Wales.
9.4 If You are a consumer and You are not happy with how Dometic has handled any complaint, You may want to consider alternative dispute resolution. 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. The European Union has set up an Online Dispute Resolution (ODR) platform where you can submit disputes, see www.ec.europa.eu/odr.
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