Ben Smith Domestic Appliance Specialist Ltd Terms and Conditions.
All our appliances will comply with the Electrical Equipment Safety Regulations 1994
These Terms and Conditions apply to our sales of reconditioned and new domestic appliances and our repair service for domestic appliances. We want to make sure our customers are happy so the following sets out our terms and conditions for our company.
Our company: Ben Smith Appliance Specialist
Our Contract with You
When you purchase an appliance or service from us, you are offering to buy the product(s) or service from us and we will issue you with a receipt. However, your offer shall only be accepted by us once we place the product you have ordered onto the delivery van and only then shall a legally binding contract be formed between us. Until then we can decline to supply the goods – we will try to ensure that this never happens but we do however, reserve the right not to fulfil your order for any reason if, for example, we have made an error on the price or similar or we simply can't get hold of the model you need. In the event of these circumstances we will refund you any price you've paid to us.
When you ask us to repair an appliance and we have arranged an appointment with you, you are accepting that we will charge a minimum call out fee of £65 (£65-£95 depending on distance from us and the appliance). You also accept that if we decide the appliance is beyond economical repair, we shall not be held liable for any problems that may arise from this. If we can safely repair the appliance, we will inform you of the cost of the parts and any likely labour cost (priced at £65 per hour) before you commit to the repair. On completion of the repair, we will issue you with a receipt. If we cannot obtain the correct parts or carry out the repair for whatever reason, we will give you as much notice as we can. In the event of these circumstances we will refund you any price you've paid to us. Once your repair is complete, we will guarantee the repair for 90 days labour and 12 months for the parts. We will ensure that we follow all relevant legislation and procedures when carrying out your repair and we will ensure that the appliance is safe and ready to use before we leave. We will carry an electrical safety test on the appliance once we have completed the repair. The customer must ensure that the electrical installation at the address the repair is to be carried out in is up to current regulations. They must also ensure safe access to the appliance and ensure there is sufficient space for the engineer to work in. Failure to ensure this may lead to a cancelled appointment. It is at the engineer’s discretion as to whether they feel it is safe to carry out a repair.
Product Information
We try to specify accurate dimensions for every product when requested. However, please be aware that the product dimensions do not include any protruding features such as controls and handles etc and product dimensions represent the casing of the product only. Whilst we try to be as accurate as possible, all sizes, weights and measurements quoted are approximate only. Similarly, where we have provided a picture of the product, we've made every effort to display all product colours accurately. However we can't guarantee that the image displayed on your monitor will accurately reflect the true colour of the product delivered to you.
You acknowledge and agree that:
The copyright in the photos, videos, data and text used on our website and social media pages belongs to us or our suppliers. You are permitted to use this material only as expressly authorised by us or our suppliers.
Prices
All the prices we display include VAT and exclude delivery and other services such as disconnection & recycling of your old product, or connection/installation.
From time to time we may offer products at sale or promotional prices. Any such offers will apply to selected products and be subject to availability. Delivery charges, conditions and geographical exclusions may apply. We may also offer delivery and services (including installation) at a reduced rate as part of a promotion.
Payment
On completion of a repair or delivery, payment will need to be arranged in full, by cash, direct bank transfer, BACS or cheque. All parts and products remain the property of Ben Smith Domestic Appliance Specialist Ltd until payment has been made in full and cleared into our account. You will be supplied with a receipt which is your proof of purchase and must be retained. If payment fails for whatever reason, we will look to recover any parts or products which have not been paid for unless the outstanding balance is cleared immediately. We do not offer any part payment schemes or re-payment terms.
Collection
Items purchased & collected in your own vehicle or collected by a courier or delivery company upon your behalf must be moved in an upright position & secured in transit- this is the sole responsibility of the purchaser; we will not be responsible for any damages caused by a third party. Upon receipt if there is an issue with the appliance it will need to be returned to the showroom (at the purchasers cost) for repair or replacement item of similar value. Should the courier or transportation company damage the item the warranty will be void. Any item sold out of our delivery area (20 miles) is sold without warranty. Collections may only be arranged during our normal working hours.
Delivery
Where you have purchased an appliance from us, we offer home delivery within 20 miles of our business premises at Office/workshop only: 1a, 409 Battle Rd, St Leonards-on-0sea TN37 7BE. We charge for delivery, the delivery charge will vary depending upon the distance from us. We will quote you the delivery charge before you commit to any sale.
The products we deliver are often big and heavy items to lift, so there will be certain occasions when they may be unable to get it into your property. Lots of steps, narrow corridors, radiators and restricted parking are all things that may hinder our ability to deliver; it is your responsibility to ensure access to your property. In situations where we cannot gain access, we may be able to offer delivery to the nearest point possible i.e. your garage, so you can make arrangements to get the product in. If we believe successful re-delivery is viable when you have taken the necessary measures, we will attempt another delivery however we reserve the right to not re-attempt delivery; in this case we will always give you a full refund, minus a delivery charge.
Delivery Limitations
Occasionally something will happen out of our control that closes roads, like floods snow or other adverse weather conditions or things like, sporting events which result in closed roads. If this occurs, we'll contact you as soon as possible to arrange alternative delivery options. We will do what we can, but can’t be held liable if we can’t fulfil delivery due to reasons beyond our control.
Unfortunately, on the rare occasions where a delivery is unsuccessful, we're not liable for costs incurred. This might include things like a third party engineer or food deliveries.
Disconnection
Disconnection is available for certain old appliances that are plumbed into water pipes and old appliances that are connected to gas mains or with a hard-wire electrical connection.
If you have asked us to disconnect your old appliance, there are a few things you will need to do before we arrive so we can disconnect successfully. If it's a fridge or freezer, please make sure it's defrosted and all food is removed. For washing machines and washer dryers, you'll need to remove any clothes from the drum. If we’re disconnecting a dishwasher, please make sure all plates and cutlery are removed.
Recycling
If you’re making use of recycling service and haven’t asked us to disconnect the appliance, please disconnect (and defrost if necessary) the appliance before we arrive.
If you wish us to take away an old appliance, a £10 charge will be payable unless it is a fridge and/or freezer where the charge will be £25. From time to time and because of the nature of our business, we may reuse or recycle parts from your old appliance if we so wish.
Installation
We offer an installation service for most of the products we sell. If you're making use of a connection/installation service and haven’t opted for our disconnection service, please disconnect (and defrost if necessary) the appliance before we arrive. We will not be able to connect your new items if:
Any electrical/plumbing supplies needed fail the delivery team's testing or are unsuitable.
Any water supply needed cannot be isolated or is unsuitable.
Any drainage/waste facilities needed are unusable.
Mechanical adjustments are required to the item(s) to overcome such things as water pressure etc) Alterations to existing plumbing and electrical are required. Customers are advised to read carefully the manufacturers operating instructions, which give details on safety, cleaning procedures and how to deal with problems not covered by our warranty. Customers are also advised to use the manufacturers troubleshooting guide before contacting us to report any fault.
Conditions for Gas and Electric Installation
We have Gas Safe engineers who are also skilled in electrical connections and able to install your new cookers, range cookers, hobs and ovens. An installation charge will apply to any appliances we install.
If you need us to disconnect your old appliance, we will do this when we arrive.
As you can probably imagine, for your safety, there are a lot of rules around connecting cookers so there are things that we need you to check before we arrive:
Please ensure that you have suitable ventilation. This could be an extraction fan or a window that opens.
You need to check the dimensions of your new appliance and make sure there'll be enough room around the back and side for ventilation once we've installed it. You need to make sure you've got an adequate gap between your cooker or hob and anything above it. The dimensions of this space, known as the "Hot Zone", need to comply with the manufacturer requirements and Gas Safe legislation. It also needs to be completely clear of any flammable materials, such as wallpaper, cupboards or shelves and plug sockets. If we arrive and the Hot Zone isn't clear, we won't be able to complete your installation.
There needs to be an existing gas supply to the installation point. The room that we're connecting into needs to have a door or window to the outside of the property to allow for adequate ventilation and we also need access to a 3 pin electric socket within 1.2 metres of the installation area
If you're planning to run your appliance using cylinder gas, you'll need to make us aware when you place your order. This helps us make sure we've got everything we need to connect it when we arrive!
Installing Hobs and Cookers
We will install all hobs based on the current hole in the worktop not being any larger than the size of your new hob. If required, we can make this hole bigger to install the new hob but we can only cut into worktops that are made of wood. This means surfaces such as granite, composite or metal will have to be the right size for installation before we get there.
For electric cookers and hobs, we need to be able to access an isolation switch and electricity supply at the connection point.
There are some induction hobs we can't connect due to the type of wiring required and we'll only be able to know for sure when we arrive. If this happens, you'll need to call out an electrician to complete your installation.
If we are connecting a built-in or built under oven, we'll also assess the housing before installation to make sure it's safe for use and can hold the weight of the appliance. We'll check to make sure there isn't any existing damage and unfortunately, if we do find damage, we'll not be able to fit your appliance. You need to make sure you've got an adequate gap between your cooker or hob and anything above it. (See “Hot Zone” information above)
If you're planning to run your appliance using cylinder gas, you'll need to make us aware when you place your order. This helps us make sure we've got everything we need to connect it when we arrive! To install a gas item, our engineers will need to switch off your gas supply so that they can carry out the work safely. We'll always turn back on and attempt to restart any items you need us to. However, on occasion, some gas items - such as boilers - may not restart and you'll need to call out a Heating Engineer. This is very rare but if it does happen, we will not be responsible for any boiler repair costs.
Cancellation
If you're not happy with your product or simply change your mind you must provide us with notice of cancellation within 14 days of delivery. Call-out charges paid in advance will not be refunded if the call out is cancelled with less than 24 hours notice.
If Products are Faulty
As a consumer, you have legal rights in relation to products which are faulty or not as expected. We're under a legal duty to supply products that meet the requirements to be of satisfactory quality, fit for purpose and as expected. We'll offer resolutions according to the timelines outlined by the Consumer Rights Act 2015. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect your legal rights.
In most cases you'll receive a 6 month warranty covering all parts and labour.
Please also note that our warranties only cover domestic use; items for use in commercial properties might not be covered. We will attempt to repair the fault or if we cannot, we will supply you with a replacement of equal specification.
Things Beyond Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control. Such events include any act, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
Strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or adverse weather; or
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
Impossibility of the use of public or private telecommunications networks
Our obligations under these terms are suspended for the period that such event continues and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the event to a close or to find a solution by which our obligations under these terms can be performed despite the event.
Our Liability to You
We strive to deliver a great service to every customer. We also like to be honest and fair in all we do, so we acknowledge that sometimes mistakes happen. If a circumstance arises where we are accountable for a mistake, we want to ensure that we take full responsibility.
If, during the installation process our team causes any accidental damage, we will repair this damage. However, we cannot repair any pre-existing faults or damage discovered during the installation process.
Should an issue arise with a cooling appliance, due to a fault on our part, we can secure up to £50 for food loss or for the damage of secondary items (which excludes the appliance itself). Before receiving any money for food loss, we would need to see proof of purchase and also the food itself before it is disposed of.
As we only supply products for domestic and private use, we are not liable for any loss of profit, loss of business, business interruption or business opportunity.
Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. Fraud or fraudulent misrepresentation. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession). Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples). Defective products under the Consumer Protection Act 1987.
Information About Us and How to Contact Us
Ben Smith Domestic Appliance Specialist Ltd is operated from:
1a, 409 Battle Rd, St Leonards-on-0sea TN37 7BE
Our contact number is: 01424 400897.
Email: ben@bensmithappliancespecialist.co.uk
How We May Use Your Personal Information
We will use the personal information you provide to us to:
Supply and deliver the products. Process your payment for such products. Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
You agree that we may pass your personal information to our delivery agents or credit reference/fraud prevention agencies and that they may keep a record of any search that they do. We will not give your personal data to any other third party without your consent.
General
The contract made between us and all our and your rights and obligations shall be governed by English law and any disputes arising under it shall be heard in the English courts.