Consumer T&Cs

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These terms and conditions apply to you if you are a consumer purchasing goods or services from us. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession.

If you are not a “consumer”, please refer to our Business to Business Terms and Conditions, which shall apply to you instead of these terms and conditions.

Please read these terms and conditions carefully before agreeing to buy Goods and/or Services from us.

Defined Terms

The following definitions shall apply in these terms and conditions:

Contract: means the contract between you and us for the supply of Goods and/or Services in accordance with these Terms and any Maintenance Agreements.
Delivery Location: has the meaning ascribed to it in clause 3.2.
Goods: the goods (or any part of them) as set out in the Order Confirmation.
Installation Services: means the installation services provided by us in order to install Goods which we are providing to you under the Contract.
Maintenance Agreement: means the maintenance agreement(s) which is/are signed between you and us in relation to the provision of Maintenance Services.
Maintenance Services: means the provision by us of pre-planned maintenance services for either your existing air conditioning equipment or for Goods which we have delivered and installed for you.
Order Confirmation: has the meaning ascribed to it in clause 2.3.
Reactive Services: means the provision by us of emergency maintenance services and/or breakdown call outs for either your existing air conditioning equipment or for Goods which we have delivered and installed for you.
Services: the services to be provided to you by us under the Contract (comprising of the Installation Services and/or the Maintenance Services and/or the Reactive Services as applicable).
the parties: means you, and us, and a “party” shall be construed accordingly.
these Terms: means these terms and conditions as amended from time to time in accordance with clause 13.1.

In addition to the definitions above, please note that where this Contract includes a reference to:

a “person”, this shall be deemed to include a natural person, but also a corporate or unincorporated body or organisation;
“including”, “include”, “in particular”, “for example” or any similar expression, the words which follow such expressions shall be interpreted as examples only and shall not limit the sense of the words preceding those terms; and
“in writing” or “written”, this shall include communication by email but not by fax.

Basis of contract

If you would like us to provide Goods and carry out Installation Services or provide Maintenance Services, we will provide you with a written quotation detailing the Goods and Services required and the price, together with our accreditation pack.

Our quotations are valid for 30 days only (from the date of issue) and shall not constitute an offer.

If you would like to proceed with a quotation you must issue a written order which includes the reference number of a valid quotation.

Your written order constitutes an offer by you to purchase Goods and/or Services from us in accordance with these Terms.

If you would like us to provide Reactive Services for your existing air conditioning equipment, you may place an order verbally or in writing (a “works request”). In response to a works request, we will send you an email setting out our schedule of rates.

In either of the scenarios described in clauses 2.1 and 2.2 above, no orders for Goods and/or Services or works requests submitted by you shall be treated as having been accepted by us, unless and until confirmed by us (“Order Confirmation”). The Order Confirmation will normally be in writing, unless you have requested Reactive Services in which case, to allow us to supply the Goods and/or Services as soon as possible, we may at our discretion provide the Order Confirmation to you orally, with a written confirmation to follow as soon as reasonably practicable thereafter.

You shall be responsible for ensuring the accuracy of the terms of any order or works request and for checking that the Order Confirmation is correct.

Except where you have a legal right to change your mind (as detailed in clause 6 of these Terms), no order or works requests which we have accepted may be cancelled by you.

These Terms apply to the exclusion of any other terms that you seek to impose, except that, if you have ordered Maintenance Services from us then the Maintenance Agreement shall also apply.

Supply of Goods and/or Services

We shall supply the Goods and/or Services to you in accordance with the Order Confirmation in all material respects.

We shall deliver the Goods to the location set out in the Order Confirmation or such other location as the parties may agree (“Delivery Location”) once the Goods are ready. Delivery of the Goods shall be completed on unloading of the Goods at the Delivery Location.

We shall use reasonable endeavours to meet any timescale specified in the Order Confirmation, but any such timescale shall be an estimate only. Occasionally timescales are affected by factors beyond our reasonable control so timings cannot be guaranteed. We will let you know if we become aware of an unexpected delay and we will do what we can to reduce the delay. As soon as we are able, we will let you know our updated timescales and alternative date for providing the Services or delivering the Goods. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: by email at service@oxfordairconditioning.com or by telephone on 01235 524411 to end the Contract and receive a refund for any Goods and/or Services you have paid for in advance, but not received.

We shall not be responsible to you for late delivery or non-performance, where such delay or issue is caused by you, or your failure to provide us with adequate information, co-operation or access that is required for the supply of the Goods and/or Services. In such circumstances:
- if you don’t, within a reasonable time of us asking for it, provide us with the information, co-operation or access that we need to provide the Goods and/or Services, we can end our Contract with you and claim any compensation due to us; or
- alternatively, if you are able to provide us with the information, co-operation or access that we need to provide the Goods and/or Services, we will work with you to re-schedule delivery and/or performance of the Services, but we may need to charge you additional sums in order to do this. Any sum charged would be reasonable in nature and would be discussed with you in advance of it being incurred.
If you fail to accept delivery of the Goods within a reasonable time of being requested to do so:
- we may store the Goods until actual delivery takes place, and we shall have the right to charge you a reasonable fee for the care and storage of the Goods until actual delivery can be made; and/or
- we may treat your order as cancelled and refund you any amounts you have already paid (if any) for the Goods and/or Services in question.

We shall have the right to make any changes to the Goods and Services which are necessary to comply with any applicable law or safety requirement, or which make minor technical adjustments and improvements that do not affect the nature or quality of the Goods and Services, and we shall notify you in any such event.

Our engineers carry a stock of spare parts in their vans but when requesting Reactive Services, you acknowledge that some spare parts may need to be ordered if they are not carried in van stock.

You further acknowledge that while we make every effort to give our customers satisfaction when maintaining and repairing equipment, we cannot guarantee that further faults will not develop as the equipment contains numerous component parts and a breakdown which occurs following one repair may give rise to symptoms identical to those that were present at the time of the earlier breakdown.

Where we supply Goods from a manufacturer for whom we are an authorised support partner, you will be entitled to the manufacturer’s warranty for them provided that the Goods have been installed and maintained exclusively by us during the warranty period.

We shall use reasonable endeavours to comply with general industry service standards applicable to the Goods and Services and such accreditations as we may obtain from time to time.

We may agree to provide you (on a rental or free of charge basis) with temporary equipment while a repair is underway provided always that you acknowledge that such equipment belongs to us at all times and that we, may at our sole discretion, remove it from your premises at any time. You shall compensate us for any damage caused to such temporary equipment while it is in your possession, other than where such damage was caused by us or our employees or our subcontractors.
These Terms shall apply to any repaired or replacement Goods supplied by us
Risk in and Ownership of Goods

Risk in Ownership of Goods

Risk in the Goods shall pass to you on delivery to the Delivery Location.

Ownership of the Goods shall only pass to you once the charges and all other sums due under these Terms have been paid to us in full, cleared funds. Until ownership of the Goods has passed to you, you shall:

- not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and
- maintain the Goods in satisfactory condition.

Your Obligations

You shall:

co-operate with us in all matters relating to the Goods and/or Services;

provide us, our employees, agents, consultants and subcontractors, with access to your premises as reasonably required by us;

provide us with such information as we may reasonably require in order to supply the Goods and/or Services and ensure that such information is accurate in all material respects;

prepare the Delivery Location and your premises for the supply of the Goods and/or Services; and

keep and maintain all our equipment, tools and other property at your premises in safe custody at your own risk, and not dispose of or use it other than in accordance with our instructions.

Your Legal Right to Change Your Mind

This section only applies to where you have agreed to purchase goods or services from us online, by email or over the telephone.

For goods or services which you have bought online, by email or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

You can’t change your mind about an order for:

services, once these have been completed;
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
goods that are made to your specifications or are clearly personalised.

If you change your mind about the Goods and/or Services you must let us know no later than 14 days after:

the day on which we deliver the Goods, if it is goods; or
the day on which we accept your order, if it is a service.

To let us know you want to change your mind, contact our Customer Service Team: by email at service@oxfordairconditioning.com or by telephone on 01235 524411.

In respect of goods, you have to return the Goods at your own cost. Goods need to be returned to us within 14 days of your telling us you have changed your mind. You can:

Request that we collect the Goods for you, but we will charge you a reasonable collection fee for this service. For more information about this option, contact our Customer Service Team: by email at service@oxfordairconditioning.com or by telephone on 01235 524411; or

courier the Goods back to us. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the Goods at all or within a reasonable time we won’t refund you the price. For help with returns, contact our Customer Service Team: by email at service@oxfordairconditioning.com or by telephone on 01235 524411.

We reduce your refund if you have used or damaged the Goods. If you handle the Goods in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Good’s condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the Goods, no refund may be due. Our Customer Service Team can advise you on whether we’re likely to reduce your refund.

If you bought a service (such as Maintenance Services) we don’t refund you for the time you were receiving it before you told us you’d changed your mind.

If the Goods and/or Services in question haven’t been delivered, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If you are sending the Goods in question back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

Charges and Payment

The charges payable by you:

for any Goods, Installation Services, and/or Maintenance Services, shall be as set out in the Order Confirmation (subject to the provisions of these Terms and/or the terms of any applicable Maintenance Agreement); and

For any Reactive Services, charges are to be calculated on a time and materials basis:
- they shall be calculated in accordance with our schedule of rates as in force from time to time and sent to you at the time of the works request. Please note that these rates will be subject to a minimum call out fee as set out in the schedule of rates;
- our standard rates apply between 08:00 and 17:00 hours Monday to Friday (excluding UK bank holidays) and our overtime rates apply outside of these hours (full details available on request).
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 in full before the change in the rate of VAT takes effect.

If the Contract is based on our quotation the price shall be invoiced in accordance with any timetable set out in the quotation. In all other cases: (a) in respect of Goods, we shall invoice you on or at any time after completion of delivery of the Goods; and (b) in respect of Services, we shall invoice you on completion of the Services.

You shall pay each invoice submitted by us:

within 30 days of the date of the invoice; and

in full cleared funds to a bank account nominated in writing by us or by cheque.

If you don’t make any payment to us when it is due and you still do not make payment within 14 days of our reminding you that payment is due, we can end our contract with you for the Goods and/or Services and claim any compensation due to us (including enforcement costs). If we end our contract with you in these circumstances and you have already received Goods for which you have not paid, you shall return these to us and if you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose.

Without limiting any of our other rights, if you fail to make any payment due to us by the due date, we shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Barclays Bank Plc base lending rate from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

You shall pay all amounts due to us in full without any deduction or set-off. We may, without limiting our other rights, set off any amount owing to us by you against any amount payable by us to you.

Ending an Ongoing Contract

If you have an ongoing contract with us, for instance for Maintenance Services, we tell you when and how you can end that contract during the ordering process and we confirm this information to you in writing in the relevant contract for services. If you have any questions, please contact our Customer Service Team: by email at service@oxfordairconditioning.com or by telephone on 01235 524411.

Your Rights if There is Something Wrong

If you think there is something wrong with the Goods and/or Services, you must contact our Customer Service Team: by email at service@oxfordairconditioning.com or by telephone on 01235 524411. We honour our legal duty to provide you Goods that are as described to you on our quotation and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us (please refer to clause 12).

Summary of your key legal rights

If your product is goods, for example an air-conditioning unit, 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 a 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, for example the provision of Maintenance Services or Reactive Services, 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 a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.

· If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

Our liability to You

If we breach the terms of the Contract, we’re responsible for the resulting losses you suffer unless the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
Caused by a delaying event outside our control. Please refer to clauses 3.3 and 3.4 of these Terms for more information on this.
Avoidable. Something you could have avoided by taking reasonable action.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our Business to Business Terms and Conditions which can be found on our website.

Data protection

We may use any personal data that you give us in accordance with our Privacy Policy which can be found on our website.
Resolving Disputes

Our Customer Service Team will do their best to resolve any problems you have with us or our products. Feel free to contact them: by email at service@oxfordairconditioning.com or by telephone on 01235 524411.

Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to The Centre for Effective Dispute Resolution (“CEDR”) through their website at https://www.cedr.com/ . CEDR does not charge you for making a complaint. If you’re not satisfied with the outcome you can still go to court.

These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

General

No variation of the Contract shall be binding unless made in writing and signed by you and us.
We can transfer our contract with you, so that a different organisation is responsible for supplying the Goods and/or Services. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the Contract.
You can only transfer your contract with us to someone else if we agree to this.
The Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of the Contract, the rest of it will still apply. If a court or other authority decides that some of the terms of the Contract are unlawful, the rest will continue to apply.
Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
Where the Contract talks about giving “notice”, this can be done by email, or otherwise in writing if given to the other party personally or if sent by first class pre-paid post to the last known address of the other party. If sent by first class pre-paid post the notice shall be deemed to have been received 2 days after the date of posting.

Version: March 2024