EnviroVent’s Terms and Conditions of Sale & Service B2C (T&Cs)
You may place an order through various sales channels including online via EnviroVent’s website (
www.envirovent.com), by email or phone, or in person during a meeting at your home. All orders, regardless of the sales channel used, will be governed by these terms and conditions.
Please note that by placing an order for services and/or products, you are agreeing to enter into a contract with your local EnviroVent seller. This will be a separate company that has been fully approved and authorised by EnviroVent to sell EnviroVent’s products and/or services. It is important to note that you are not entering into an agreement with EnviroVent.
You should therefore read these terms carefully before you place your order as they explain your and the seller’s legal rights and also contain important information about the seller’s contract with you and how your order will be dealt with
By placing an order for services in particular, you are agreeing that these terms which will remain in effect and bind you and the seller until the seller has completed performance of the services or until it is cancelled by the seller or you in accordance with paragraphs 11 to 13. To ensure that you receive the services promptly the seller may agree to start to provide the services prior to the expiry of the 14 day cancellation period that you are entitled to by law - please see paragraph 11 for more information.
Your local EnviroVent seller will be allocated to you based on your post code (please see paragraph 1 below), but these terms and conditions apply universally to all EnviroVent sellers.
If you have any questions, please contact the seller before you place your order using the contact details provided for the seller via EnviroVent’s website search facility (please see paragraph 1 below).
Important notice: When you place an order, you may be entitled to change your mind and cancel the contract within 14 days (see paragraph 11 for more details).
1. ABOUT THE SELLER
If you wish to place an order, please use the search facility at
www.envirovent.com/local-specialists/ to find out who your local EnviroVent seller is and how you can contact them. If you are placing the order during a meeting at your home, the seller will give you a copy of its details in writing.
2. ABOUT YOU
2.1 Please make sure that the details that you provide to the seller are complete and accurate.
2.2 Unless you tell the seller otherwise, the seller will assume that you are purchasing the products and/or ordering the services to be provided to you and for your own benefit. The seller will not be under an obligation to provide the services to any other person.
2.3 If you are purchasing on behalf of someone else (or after the seller agrees to provide the products and/or services to someone else), please be aware that the agreement will still be between you and the seller and you will be responsible for complying with the obligations set out in these terms and conditions, including payment obligations.
2.4 The seller only provides the services for domestic use, and you must only use them for domestic purposes. The seller sells products for domestic use only. Unless the seller has agreed otherwise it does not make any promise that its products will be suitable for commercial use and the seller recommends that they are not used for commercial purposes.
2.5 The services can only be ordered by individuals of at least 18 years of age who are resident in the United Kingdom and legally entitled to enter into contracts. If the seller (or another local EnviroVent seller) has previously cancelled the provision of any service to you, please let the seller know before you order further services.
2.6 If the seller needs to contact you about your order, it will usually do this by email, using the email address associated with your account. The seller may also contact you by phone or by post, again using the details associated with your account.
2.7 Before you place your order, please make sure that all of your details are correct. If any of your details change after you place your order you should let the seller know straight away so that it can continue to get in touch with you if it needs to.
3. PLACING AN ORDER
3.1 You can place an order via the website by adding the service, product or products that you want to order to your basket, proceeding to the checkout and following the on-screen process.
3.2 You can place an order via email by emailing the seller directly with the details of your order.
3.3 You can place an order by phone by calling the seller directly.
3.4 You can place an order in person at your home by informing the seller of the details of your order.
4. ACCEPTANCE OF AN ORDER
4.1 If you place an order for a product only (i.e. for a ventilation product without installation of the same), provided that the seller is able to accept your order (see paragraph 12 for more information about circumstances in which a seller may not be able to accept an order), the seller will dispatch the products as described in paragraph 10. The email confirming dispatch constitutes acceptance of your order and will form a legally binding contract between the seller and you for the sale of the products, governed by these terms.
4.2 If you place an order for products and services via the website (i.e. for a ventilation product with installation of the same), provided the seller is able to accept your order (see paragraph 12 for more information about circumstances in which a seller may not be able to accept an order), the seller will contact you to arrange a pre-installation assessment. The email confirming your pre-installation assessment constitutes acceptance of your order and will form a legally binding contract between the seller and you for the sale of the products and services, governed by these terms.
4.3 If you place an order for products and services either by phone, email or in person at your home (i.e. for a ventilation product with installation of the same), provided the seller is able to accept your order (see paragraph 12 for more information about circumstances in which a seller may not be able to accept an order), the seller will contact you to arrange an installation appointment. The correspondence confirming your installation appointment constitutes acceptance of your order and will form a legally binding contract between the seller and you for the sale of the products and services, governed by these terms.
4.4 If you place an order for a stand-alone service only (i.e. for a clean/filter change for an existing ventilation product), provided that the seller is able to accept your order (see paragraph 12 for more information about circumstances in which a seller may not be able to accept an order), the seller will contact you to arrange an appointment to provide the services and will send you an email to confirm this. The email confirming your appointment constitutes acceptance of your order and will form a legally binding contract between the seller and you for the sale of the services, governed by these terms.
5. SERVICES
5.1 Before ordering a service, please read the description carefully to ensure that you understand all the key features of the service and that it meets your requirements. If you have any questions, let the seller know.
5.2 If you have ordered products and services via the website, the seller will contact you to arrange both a pre-installation assessment and a subsequent date to commence provision of the services.
5.3 If you have ordered products and services either by phone, email or in person at your home, then the seller will contact you to arrange a date to commence provision of the services.
5.4 If you have ordered a stand-alone service, the seller will just contact you to arrange a date to commence provision of the services.
5.5 Any dates that the seller provides in relation to the performance of the services are estimates only, except where you have notified the seller that it is essential that the services are provided on or by a specific date, in which case by accepting your order the seller agrees to provide the services on that date or by that deadline.
5.6 Occasionally the seller’s ability to provide the services may be affected by an event outside its control. In this case the seller will make reasonable efforts to provide the services despite the occurrence of the event. Where the event causes a delay to the seller’s performance of the services, the seller will take steps to minimise the effect of the delay. If however the event prevents the seller from providing the services:
5.6.1 at all;
5.6.2 on a date or by a deadline that was essential to the provision of the services (see paragraph 5.5); or
5.6.3 within a reasonable period of the date on which it was originally anticipated the services would be provided,
then you may cancel this contract and receive a refund for the services (or, if only part of the services was affected, a refund for the affected part of the services). EnviroVent will then, on the seller’s behalf, refund you within 14 days, using the same payment method you used to pay for the services.
5.7 Where an event outside the seller’s control occurs (as described in paragraph 5.6) the seller may offer you the option of receiving revised or alternative services in place of the affected services. However, you do not have to agree to accept services that are different to those that you originally ordered.
5.8 The seller is only able to provide the services at the address specified in the order.
5.9 If the seller needs any input from you to allow it to provide the services (for example information or decisions as to how the services should be provided) the seller will let you know and the seller asks that you provide the input that it requests as soon as reasonably possible. If you do not provide input within a reasonable time then this may delay the provision of the services. If the seller is unable to obtain input despite asking on a number of occasions then it may terminate the contract and cease provision of the services.
5.10 If the seller needs access to your property to provide the services it will give you reasonable notice of the time and date on which it requires the access, and it will be your responsibility to ensure that the seller’s representatives can have access at the relevant time. If the seller’s representatives arrive at your premises and are unable to gain access then it may charge you a reasonable fee to cover its wasted costs.
6. DURATION OF THE SERVICES
6.1 The duration of the services depends on the nature of the services that you order. Please see details on EnviroVent’s website or contact the seller if you require further information.
6.2 Placing an order does not create an on-going relationship between you and the seller. Once the services have been performed the contract will end. If you would like to order the services again in future, please place a further order.
7. CHANGES TO THE SERVICES
7.1 Making changes
The seller may from time to time change the services to better meet customer demand, take account of changes in the market, reflect changes in the law or for any other reason.
7.2 Changes not affecting the services
Where the seller does make a change, it will try to make it in such a way that it does not affect the provision of the service to you, so that the specific services you receive will be unaffected by the change, or affected only in a cosmetic way that does not make a difference to the benefit that you receive from the services.
In some cases the seller may be able to offer you additional features or the opportunity to move to the new version of the service at no additional charge, in which case you should let the seller know if you want to accept this option or to continue with the service as originally ordered.
7.3 Changes affecting the services
Where the seller cannot continue to provide the service to you as originally ordered, for example because a change in law makes it unlawful for it to do so or because it would be practically or commercially unviable for it to continue providing the previous version of the service to you, the seller will let you know.
If the seller is able to provide an alternative service it will provide details of the alternative service and any changes, including any changes in price. You will then have the option to agree to change to the new service or to cancel your contract.
If you agree to change to the new service, the seller will move you to the new service from the date it has notified to you. If you decide to cancel the contract, the contract will end from the date on which the seller confirmed the old service was ending. To avoid disruption to your service, if the seller does not hear from you within 30 days it will assume that you are agreeable to continue receiving the revised service and will move you to the new service.
If the seller is unable to provide an alternative service it will confirm the date on which the service will end (which will be not less than 30 days from the date of its notice to you) and the contract will come to an end on that date.
8. THE PRODUCTS
8.1 Before ordering a product, please read the description carefully to ensure that you understand all the key features of the product and that it meets your requirements. If you have any questions, please let the seller know.
8.2 If you are placing an order via EnviroVent’s website, please note that EnviroVent may display images of its products on the website. However, the way that these images will display on your screen will depend on the display settings of your device and therefore colours and other aspects of the products may look slightly different in real life to the way they look on-screen.
8.3 Any product packaging shown is for illustration purposes only and the packaging of the product you receive may be different.
8.4 Any warranty or guarantee provided with a product is in addition to and not in place of your rights under these terms and your other legal rights. See paragraph 14.2 for more information.
9. PRICE AND PAYMENT
9.1 Regardless of the method you select to place an order, the price of the services (which includes VAT) will either be shown on the website, set out in email or discussed with you. In any event, the total price that you will pay will be shown during the order process.
9.2 If you place an order via the website, EnviroVent will accept payment on behalf of the seller by Sage Pay. If EnviroVent is unable to take payment for any reason it will contact you and ask you to make payment by an alternative method.
9.3 If you place an order by email, the seller will then send you an email containing a link to Pay-A-Trader. EnviroVent will accept payment on behalf of the seller via Pay-A-Trader. EnviroVent also accept payment by bank transfer, cheque, and cash.
9.4 If you place an order by phone, the seller will then send you an email containing a link to Pay-A-Trader. EnviroVent will accept payment on behalf of the seller via Pay-A-Trader. EnviroVent also accept payment by bank transfer, cheque, and cash.
9.5 If you place an order in person at your home, the seller will then either: (i) send you an email containing a link to Pay-A-Trader; or (ii) ask you to use a card machine. Either way, EnviroVent will accept payment on behalf of the seller via Pay-A-Trader. EnviroVent also accept payment by bank transfer, cheque and cash.
9.6 It is important to note that whilst EnviroVent receives payment on behalf of the seller, it is the seller who will invoice you.
9.7 If you have ordered products, the seller will not be able to dispatch the products until cleared payment is received.
9.8 If you have ordered services, you must make an advance payment of 50% of the price of the services, before the seller starts providing them. The seller will invoice you for the balance of the price of the services when the seller has completed them and you must pay this invoice to EnviroVent within 14 calendar days of the date of the invoice.
9.9 If you do not make any payment to EnviroVent by the due date then EnviroVent may charge interest to you on the overdue amount at the rate of the 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay EnviroVent interest together with any overdue amount.
9.10 In relation to the services, the seller may increase the prices by no more than the amount necessary to reflect inflation. Specifically, the increase will be no more than the increase in the UK Retail Price Index (RPI) between the RPI figure published for the previous December and the RPI figure published 12 months before this figure. If the seller intends to make an increase to reflect inflation it will let you know no later than 1 March in the relevant year.
10. DELIVERY OF PRODUCTS
10.1 The seller will deliver your product(s) to the delivery address that you have provided.
10.2 The seller can only dispatch products to UK addresses.
10.3 You will not have to pay any delivery costs when products are being installed by the seller.
10.4 If the seller has the products in stock and is able to accept your order, it will dispatch the products promptly following receipt of your order. The time period for delivery will be displayed during the order process. Where you order multiple products and only some are in stock the seller may wait until all products are in stock and then dispatch your order in full, or alternatively it may dispatch your order in instalments.
10.5 If a product is out-of-stock the seller will dispatch your order promptly following the product coming back into stock.
10.6 If you have ordered a product only, you must ensure that someone is at home on the delivery date to accept delivery. The seller may leave the product with anybody at the address you have given for delivery, provided that they are or appear to be at least 18 years of age. If you are aware that nobody is going to be at home you should provide alternative arrangements, for example a safe place where the products can be left or a neighbour who will accept delivery. In this case, the seller’s delivery of the products to the safe place or the neighbour’s address will complete its delivery obligations.
10.7 The product becomes your property and responsibility from the point at which it is delivered to you (or to a safe place you have chosen for delivery or another person you have asked the seller to deliver it to instead of you).
10.8 If the seller is unable to make delivery then it will attempt to re-deliver on one occasion. If that re-delivery is unsuccessful then the products will be returned to the seller’s warehouse and you must contact the seller to arrange re-delivery (for which you may have to pay a reasonable additional fee) within 30 days. If you do not make arrangements for re-delivery within 30 days then the seller may cancel your order and end the contract.
10.9 If you have ordered a product and services, you must ensure that someone is at home on the agreed installation date. If the seller is unable to perform the installation then you must contact the seller to arrange a further installation date (for which you may have to pay a reasonable additional fee) within 30 days. If you do not make arrangements for a further installation date within 30 days then the seller may cancel your order and end the contract.
11. CANCELLATION BY YOU
11.1 If you purchase: (i) products only; or (ii) products and accompanying services (such as installation of such product) then the following applies:
Cancellation before dispatch / installation of products
If you want to make any changes once you have placed your order but before your products have been dispatched (including cancelling your order or part of it) please let the seller know as soon as possible. The seller will try to make the change for you, but if the product is dispatched before it is able to make the change then you may need to request that the product is collected as described below.
If a refund is due, EnviroVent will make the refund on behalf of the seller within 14 days using the same payment method you used to pay for the products.
Cancellation if you change your mind after dispatch
Depending on the type of product that you have ordered, you may have the right to cancel this contract within 14 days of receiving the products without giving any reason.
If the 14 day cancellation right under the Consumer Contract Regulations does not apply, for example because you have ordered a personalised or bespoke product, then you cannot cancel after dispatch (unless there is a problem with the product under the section below).
If the 14 day cancellation right under the Consumer Contract Regulations does apply, then you can cancel after dispatch provided that you inform the seller by a clear statement (for example, a letter sent by post or an email). You can do so by completing the model cancellation form (
accessible here) but you do not have to. You must send your cancellation request before the 14 day period expires.
When you cancel a product that the seller has supplied you with but not installed, you must request that the seller collects, or organises the collection of, the product from you. You are responsible for the cost incurred by the seller for such collection. Once the seller has collected the product from you, it will inform EnviroVent. EnviroVent will then, on the seller’s behalf, refund you within 14 days, using the same payment method you used to pay for the products.
If you cancel a product that the seller has supplied you with and also provided installation services, you must request that the seller removes, or organises the removal of, the product from you. You are responsible for the cost incurred by the seller for such collection (such costs will be based on the standard call out charge for the seller to safely remove the product). Once the seller has collected the product from you, it will inform EnviroVent. EnviroVent will then, on the seller’s behalf, refund you within 14 days, using the same payment method you used to pay for the products and services.
You will receive a full refund on the amount you paid for the products (minus the collection costs incurred by the seller) unless you have used the products in a way that goes beyond what would be necessary to generally examine them on receipt and check their features and functionality (in a way that is more than you would be allowed to examine the products in a shop), in which case the seller may make a reasonable deduction from the refund to take account of the loss in value of the products as a result of that use.
Cancellation of a product if there is a problem with a product
If a product that you purchase is not of satisfactory quality, not fit for the purpose for which it would usually be used or a purpose that you told the seller you would be using it for before you placed your order or does not meet the description given, you may reject the affected product within 30 days of receipt.
If you do not reject the product within 30 days, you may still reject it for up to six months after delivery provided that you first give the seller the chance to repair or replace the product (at your option) and the seller is unable to do so.
You may also be able to reject the product later than six months after they were delivered if you can prove that there was a problem present when they were delivered. Please see the Citizens Advice website
www.citizensadvice.org.uk or call 03454 04 05 06 for more information (Citizens Advice is an independent organisation and the seller is not affiliated with them in any way).
Where you reject the product because of a problem, you must request that the seller collects the product. If the return is within six months of receipt of the product you will be entitled to a full refund of the price of the product. The refund may be lower if you reject the product later than this. The refund will be made by EnviroVent, using the same payment method you used to pay for the product, within 14 days of the seller agreeing that you are entitled to such refund.
Please see paragraph 14.2 for more information on defective or incorrect products.
11.2 If you purchase services only then the following applies:
Services
Cancellation before within 14 days of placing your order
You have the right to cancel this contract within 14 days of placing your order without giving any reason. To do so you must inform us by a clear statement (for example, a letter sent by post or an email). You can do so by completing the model cancellation form (accessible here) but you do not have to. You must send your cancellation request before the 14 day period expires.
Customers normally require the seller to start providing the services before the end of the cancellation period, and by placing your order you are formally requesting that the seller does so. If you would prefer the seller to wait until after the expiry of the cancellation period to commence providing the services please let the seller know before you place your order.
If the seller has not started providing the service at the point it receives your cancellation it will give you a full refund of any amounts that you have paid.
If the seller has started providing the service before you cancel then you will be required to pay for the part of the service received up until the point at which the seller received your cancellation. The seller will calculate this on a proportionate basis based on the proportion of the service provided. The seller will deduct this amount from any refund and if the amount you have to pay exceeds the value of the refund you will have to pay EnviroVent, on behalf of the seller, the outstanding amount.
You cannot cancel once the seller has completed providing the services.
Cancellation if there is a problem with the services
In the unlikely event that there is a very serious problem with the services then you may have a legal right to cancel the contract and, in some cases, claim compensation. However, in most cases the seller should be able to put the problem right. See paragraph 14.2 for more information about what to do if there is a problem with the services. Alternatively, see the Citizens Advice website
www.citizensadvice.org.uk or call 03454 04 05 06 for more information (Citizens Advice is an independent organisation and the seller is not affiliated with them in any way).
12. THE SELLER’S RIGHTS TO REFUSE OR CANCEL YOUR ORDER
Services
12.1 Although the seller will normally be able to do so, the seller cannot guarantee to accept all orders placed. You will receive an email confirming your order, but please be aware that this is generated automatically and does not mean that the seller has been able to accept your order. You should only consider your order to have been accepted once you receive an email confirming your appointment.
You must require the services to be performed in the United Kingdom, otherwise your order will not be accepted.
The seller may cancel your order before it commences provision of the services (or within 14 days of the date on which you place the order if the seller has, as requested by you, commenced the services prior to the expiration of the 14 day cancellation period) in the following circumstances:
12.1.1 where the seller has reasonable grounds to believe that you will not make payment for the services at the required time;
12.1.2 there was an error in the advertised price or description (in which case the seller will let you know and, where possible, will discuss other options with you, for example alternative services that may be available or the option of purchasing the services at the correct price);
12.1.3 where the seller does not have sufficient capacity to provide the services to you; or
12.1.4 where the pre-installation survey deems that the services ordered are not appropriate.
Products
12.2 Although the seller will normally be able to do so, the seller cannot guarantee to accept all orders placed. You will receive an email confirming your order, but please be aware that this is generated automatically and does not mean that the seller has been able to accept your order. You should only consider your order to have been accepted once you receive an email confirming that your products have been dispatched.
The seller may occasionally be unable to accept orders for various reasons, for example because a product is out of stock or there was an error in the advertised price or description. If this is the case, the seller will let you know and, where possible, will discuss other options with you, for example alternative products that may be available or the option of purchasing the product at the correct price.
The seller may also cancel your order after dispatch if it is unable to deliver the product to you and you fail to make arrangements for re-delivery within 30 days as described within paragraph 10.8. In this case EnviroVent will, on behalf of the seller, give you a full refund within 14 days of the date on which it cancels your order.
13. THE SELLER’S RIGHTS TO END THE CONTRACT
13.1 Ending the contract due to your breach
The seller may cancel the contract and stop providing the services in the following circumstances:
13.1.1 you fail to comply with these terms in a way that has a serious effect on the seller;
13.1.2 you fail to comply with these terms in any way and fail to put the problem right within 14 days of the seller asking you to;
13.1.3 you fail to make payment at the required time and still do not make payment within 14 days of the seller asking you to; or
13.1.4 the seller discovers that you gave incorrect information when you placed your order.
Where the seller can cancel the contract due to your breach, it may also be entitled to claim compensation from you.
13.2 Ending the contract for other reasons
The seller may end this contract if an event outside its control happens which means that it cannot provide the services as expected (see paragraph 5.6).
14. QUERIES, PROBLEMS OR COMPLAINTS
14.1 Queries
If you have any queries about the website, your order or the services or products, please call or email the seller using the contact details provided for the seller via EnviroVent’s website search facility (please see paragraph 1.1 above) and the seller will do its best to help you.
14.2 Problems
The seller works hard to ensure that all of its customers are satisfied with the service and products that they receive. In the unlikely event that you do experience a problem with your order, please let the seller know by calling or by emailing the seller using the contact details provided for the seller via EnviroVent’s website search facility (please see paragraph 1.1 above).
Services
If the problem is that the seller has failed to supply the services with reasonable skill and care, in accordance with the information it provided to you before you place your order or otherwise in accordance with these terms then it will (where possible) arrange to re-perform the affected services at no additional charge to you.
The solutions above will normally resolve any problems that may arise. However, if the problem is particularly serious please see paragraph 14.3.
The seller reserves the right to inspect any work carried out and investigate any problems that you report before it provides a remedy, but it will always make sure that this does not unreasonably delay it from resolving your issue. If the seller is unable to identify any problem with the services or it concludes that the problem was caused by your failure to comply with these terms then it may be unable to offer any remedy. If you disagree with this decision please see paragraphs 14.3 to 14.4 below.
Defective or wrong product supplied
The seller has a legal responsibility to supply products that are in conformance with its contract with you. Where there is a problem with a product you receive, please contact the seller using the details set out at paragraph 14.2 and the seller will discuss your options with you so that it can put things right, including repairing the defective product, replacing it or giving you a refund (see paragraph 11.1 for more information on rejecting the product).
The seller will check any products that are returned (either for a repair, replacement or refund) to verify the information that you have provided and identify the problem. If the seller is unable to identify any problem with the product, or it believes that the damage was caused by misuse or otherwise was not present when the product was delivered to you it reserves the right to refuse to accept the return and to return the product to you at your cost. If you disagree with this decision please see paragraphs 14.3 to 14.4 below.
14.3 Complaints
EnviroVent and the seller take all complaints seriously. If you have a complaint please contact EnviroVent who, in the first instance, will log your compliant onto EnviroVent’s central system and then will refer you to the relevant seller. The seller will review your complaint and respond to you within 24 hours with a view to resolving your complaint within 72 hours. If you are dissatisfied with this response you may request that your complaint be escalated, in which case it will be passed back to EnviroVent who will review your complaint and the initial response and provide a further response within 24 hours with a view to resolving your complaint within 72 hours of your request to escalate the matter.
If your complaint is specifically about the seller, it will be dealt with by a senior person at EnviroVent.
14.4 Unsettled Complaints
Where EnviroVent cannot resolve a complaint using its own complaints procedure, as a Which? Trusted Trader, it uses Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted Traders in the first instance on 0117 456 6031.
14.5 Warranties
Subject to the conditions and exclusions set out below, you may be entitled to receive the relevant warranties set out at
www.envirovent.com/warranty.
14.6 Other legal remedies
The seller takes its legal responsibilities very seriously and has prepared these terms and conditions in accordance with your legal rights. The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.
14.7 Limits of the seller’s responsibility
The seller is not responsible to you for the following types of loss or damage:
• Loss or damage of a kind that the seller could not reasonably have foreseen.
• Loss or damage arising out of receipt of the service for commercial, business or re-sale purposes.
• Loss or damage arising out of use of the product for commercial, business or re-sale purposes.
• Loss or damage which results from you failing to comply with these terms or making use of the services in a way or for a purpose other than that which was intended or agreed.
• Loss or damage which results from you misusing the product.
• Loss or damage of a type that would normally be expected to arise as a result of the services being provided, where the fact this loss or damage would occur or be likely to occur was obvious or was drawn to your attention before you placed your order.
• Loss or damage arising from wear or tear or otherwise from damage to a product arising after the time when it was delivered (except where that damage is caused by a problem which was present at the time it was delivered).
• Loss or damage arising out of by an event outside the seller’s reasonable control.
If the seller is providing services in your property, the seller will make good any damage to your property caused by the seller while doing so. However, the seller is not responsible for the cost of repairing any pre-existing faults or damage to your property that the seller discovers while providing the services.
However, nothing in this paragraph 14.7 or otherwise in these terms is intended to limit or exclude the seller’s liability for death or personal injury caused by negligence, for breach of your legal rights in relation to the services, products or defective products under the Consumer Protection Act 1987 or otherwise where the seller is not permitted to limit or exclude its liability by law.
15. HOW THE SELLER AND/OR ENVIROVENT MAY USE YOUR PERSONAL INFORMATION
15.1 EnviroVent and/or the seller will use the personal information you provide to it to supply the services and/or products to you, to process your payment for the services and/or products and to provide you with support after you have received the services and/or products.
15.2 If you choose to receive information about EnviroVent’s and/or the seller’s other products and services that it believes may be of interest to you then EnviroVent and/or the seller may use your personal information for these purposes. You may stop receiving these communications at any time by contacting EnviroVent and/or the seller and letting them know that you want to unsubscribe.
15.3 EnviroVent and/or the seller will only give your personal information to third parties where the law either requires or allows us to do so.
15.4 See the privacy policy on the website for more information.
16. OTHER IMPORTANT TERMS
16.1 Any contract formed will be between you and the seller. No other person shall have any rights to enforce any of its terms.
16.2 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.
16.3 These terms are governed by English law and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your order, including any problems with the services and/or products, in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services and/or products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services and/or products in either the Northern Irish or the English courts.