Please read these Terms carefully. Any orders made on the website are subject to the these Terms. We may change the Terms from time to time and you are advised to review these Terms before placing an order on the website.
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms, except where the context indicates otherwise, the following phrases will have the following meanings:
"AGA Rangemaster Limited" means a company registered in England and Wales under Registered Number 03872754. Registered office – Meadow Lane, Long Eaton, Nottingham, NG10 2GD.
"AGA Shop" means a physical store location under the ownership of AGA Rangemaster Limited.
"Authorised Reseller" means an independent AGA reseller operating a physical store location not under the ownership of AGA Rangemaster Limited.
"Cancellation Period" shall have the meaning given to it at clause 9.2.
"Data Protection Law" means all applicable laws and regulations in the UK relating to data privacy, including (for so long as and to the extent that they apply) the General Data Protection Regulation (Regulation (EC) 2016/679) and the UK’s Data Protection Act 2018.
"Goods" means the products and services which we are selling to you as set out in the Order.
"Order" means the list of items in the Shopping Basket at the time you make the initial payment which will be confirmed in an email produced by us setting out the Goods and/or services we are to supply to you.
"Terms" means the terms and conditions set out in this document.
"Unexpected Event" shall have the meaning given to it in clause 12.
"we", "us" means AGA Rangemaster Limited or the appropriate Authorised Reseller you have chosen to fulfil your Order.
"you", "your" or “Customer” and related expressions means the person to whom the Order is addressed.
1.2 Headings do not affect the interpretation of these Terms and are set out for convenience only.
1.3 In these Terms, references to any gender shall include all genders; references to the singular shall include the plural and vice versa; references to any law or statute shall mean such law or statute as amended, replaced or re-enacted from time to time; references to a 'person' shall include any legal or natural person recognised in law; and the words "including" or "in particular" shall not limit the generality of any preceding words.
2 BASIS OF CONTRACT
2.1 These Terms and the Order are considered by us to set out the whole agreement between you and us for the sale and purchase of the Goods. Please check that the details in the Order are complete and accurate before you commit yourself to the contract. Please ensure that you read and understand these Terms before you make the initial payment, because you will be bound by the Terms once the payment has been made, in accordance with clause 2.4.
2.2 If and to the extent that any of these Terms conflict with or are inconsistent with the details of the Order, the Order details shall prevail.
2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 Subject to clauses 2.3, 2.5, 2.6 and 4.1, these Terms shall be binding upon you and us once the payment has been made, at which point a contract shall come into existence between us.
2.5 We make every effort to ensure that all our prices are correctly published, however, should any price prove to be wrong, any offer to purchase our products at the misquoted price will be automatically invalid and will be rejected by us. Even if the Order has been accepted by us, we reserve the right to cancel that Order on notice to you. In the event that an Order is placed for a product with a misquoted price we will contact you to inform you of this. You will then have the option to accept the correct price or decline, at which point you will be given a full refund for any payments made for those particular Goods.
2.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting the business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, changes in the capabilities of any systems operated by us or for any other change in our business. You will be subject to the policies and Terms in force at the time that a binding contract comes into existence in accordance with clause 2.4, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Orders you have previously placed that we have not yet fulfilled).
3 THE GOODS
3.1 The Good will comply with all applicable statutory and regulatory requirements for selling and using the Goods in the United Kingdom. The Goods also benefit from our manufacturer’s warranty and the terms of this warranty are set out here.
3.2 We will not be responsible for any problems with the Goods arising from:
3.2.1 fair wear and tear, wilful damage, accident, negligence, or abnormal storage or working conditions by you or any third party;
3.2.2 use of the Goods in a way that we do not recommend;
3.2.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which we have provided to you; or
3.2.4 any alteration or repair you carry out without prior written approval.
3.3 This clause 3 is without prejudice to your statutory rights as a consumer. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
4 PRICE AND PAYMENT
4.1 Subject to clause 2.5, the price of the Goods shall be as set out on the website. We reserve the right to update our prices from time to time without providing specific notice to you. Some of our products require the purchase of items from third parties (including raw material suppliers) whose prices and availability can vary substantially sometimes at short notice. If as a result of such price fluctuations or change in availability we are unable to supply the Goods at the agreed price, we will notify you of this fact and you will be entitled to cancel the Order if the revised price is not acceptable to you and receive a refund for any sums paid.
4.2 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of payment.
4.3 The price includes standard UK Mainland delivery (unless otherwise stated). Any additional delivery costs identified by us after the order has been placed shall be confirmed to you at the earliest opportunity. Should these be unacceptable, you can cancel the Order without charge.
4.4 On large items, where a delivery date is confirmed and then changed by the Customer within 5 working days of the delivery date the Customer will be subject to an additional redelivery charge of £250.
4.5 On large items, where a delivery date is confirmed and then changed by the Customer within 2 working days the delivery date the Customer will be subject to an additional redelivery charge of £450.
4.6 We accept payment by Visa, Maestro and Mastercard.
4.7 All amounts due shall be paid in full without any set-off, counterclaim, deduction or withholding.
5 WHO WILL MANAGE YOUR ORDER
5.1 If you have selected to deal with an AGA Shop to process your Order:-
5.1.1 your contract will be with AGA Rangemaster Limited on these Terms.
5.1.3 AGA Rangemaster Limited may share your information with selected sub contractors to fulfil your Order who will act as data processors under our control.
5.2 If you have selected to deal with a Authorised Reseller for your Order:-
5.2.1 AGA Rangemaster Limited will only act as an agent for the collection of payment. Your contract will be with the Authorised Reseller on these Terms.
5.2.2 Your information including the Order details will be passed on to the chosen Authorised Reseller who will manage your information under Data Protection Laws as a data controller.
5.2.4 The Authorised Reseller may share your information with selected sub contractors to fulfil your Order who will act as data processors under their control.
6.1 The Goods will be delivered to your delivery address specified on the Order.
6.2 Delivery of the Order shall be complete when we deliver the Goods to you.
6.3 If we are not able to deliver the whole of the Order at one time for any reason including operational reasons or shortage of stock, we may deliver the Order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment, or one of the instalments is faulty, that will not entitle you to cancel any other instalment.
6.4 Any delivery dates set out by us are target dates only and we cannot guarantee delivery at any particular time or date.
6.5 If you cancel a delivery date without sufficient notice, you may incur an additional re-delivery charge. Please see clauses 4.4 and 4.5 for further details.
6.6 If you fail to take delivery of the Order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.6.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses of storage; and
6.6.2 you may incur an additional re-delivery charge as set out in clause 4.5; and
6.6.3 we shall have no liability for late delivery.
6.7 We may decline to deliver the Goods if:
6.7.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.7.2 the premises (or the access to them) are unsuitable for the delivery vehicle we use.
7 RISK AND TITLE
7.1 The Goods will be your responsibility from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods (including any applicable delivery charges) and the appliance is delivered.
8 LIMITATION OF LIABILITY
8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 Neither you or we shall be responsible for losses that result from our own failure to comply with these Terms. This includes your failure to comply with any of our instructions of use or guidelines in relation to the Goods.
8.3 Neither you or we shall be responsible for any indirect or consequential losses including, but not limited to, losses that fall into the following categories:
8.3.1 loss of income or revenue;
8.3.2 loss of business;
8.3.3 loss of anticipated savings;
8.3.4 loss of data; or
8.3.5 any waste of time.
However, this clause 8.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.4 Neither of us will exclude or limit in any way our own liability for:
8.4.1 death or personal injury caused by our negligence; or
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any losses which cannot be excluded or limited under applicable law,
9 YOUR RIGHTS TO CANCELLATION
9.1 You may at any time before dispatch of the Goods to you, or within fourteen days of placing an Order (whichever is the earliest) amend an Order by providing us with written notice.
9.2 As a consumer who has entered into a distance contract with us, you have a right to cancel your contract with us within fourteen days of us delivering the Goods to you (the “Cancellation Period”). The fourteen day Cancellation Period will begin on the day after the date that we deliver the Goods to you.
9.3 If you wish to cancel your contract with us during the Cancellation Period, please contact your selected AGA Shop or Authorised Reseller to inform them as detailed in clause 17, below. Email contact details can be found on the website store locator or within the Order confirmation email.
9.4 If you choose to cancel your contract with us during the Cancellation Period you will be responsible for the cost of returning the Goods to us and whilst the Goods are in transit, they will be at your risk until we receive them, unless you have used our own collection service in which case they will be at our risk from collection.. We advise you to use our collection service to return the Goods. Please contact your local store to arrange collection of the Goods and payment for collection.
9.5 If you cancel your contract within the Cancellation Period you will be entitled to a full refund of the cost of your Goods, plus any additional standard delivery charges you may have paid.
9.6 Please note that subject to clause 9.5, you will be liable for payment of any installation costs if your Goods are installed during the Cancellation Period and you subsequently decide to cancel your contract for your Goods during the Cancellation Period. These costs will be calculated as costs incurred up to the point of cancellation, in proportion to the value of the whole contract.
9.7 If you cancel your contract within the Cancellation Period you will be paid your refund within fourteen days of us collecting the goods from you, subject to any deductions we may make in accordance with clause 9.8 or otherwise in accordance with our rights under applicable law.
9.8 We ask that Goods are returned in the same condition as you received them and in their original packaging. We reserve the right to deduct an amount from your refund representative of any diminished value in the Goods as a result of any unnecessary use or handling caused by you.
10 RETURN OF DEFECTIVE GOODS
10.1 In the unlikely event that the Goods do not conform with these Terms, including our Warranty, please let us know as soon as possible.
10.2 We will, at our option:
10.2.1 inspect the Goods at your premises and attempt to repair the Goods at your premises;
10.2.2 collect the Goods on a date agreed between you and us; or
10.2.3 ask that you return the Goods to us.
10.3 Once we have checked and established that the Goods are defective, we may at our option repair or replace the Goods. We will also reimburse you for any reasonable third party delivery costs involved in the return where this has been requested by us.
10.4 These Terms at clause 10 also apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are defective or do not otherwise conform with these Terms.
10.5 This clause 10 is without prejudice to any of your statutory rights as a consumer.
11 WAIVER AND VARIATIONS
11.1 If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
12 UNEXPECTED EVENT
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an "Unexpected Event").
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, pandemic, epidemic, spread of infectious diseses, government lock downs or other similar restrictions, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes an difficulty in obtaining supplies.
12.3 The obligations we have under these Terms are suspended for the period that the Unexpected 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 Unexpected Event to a close or to find a solution by which the obligations that we have under these Terms can be preformed despite the Unexpected Event.
13.1 Any contract made under these Terms shall be governed by English law and you and we both agree that the English and Welsh courts will have a non-exclusive jurisdiction over any claims and disputes arising from or in relation to the contract and your purchase of the Goods, including (without limitation) the validity, existence and termination of any contract.
13.2 If any of the Terms are unenforceable as drafted:
13.2.1 it will not affect the enforceability of any other of these Terms; and
13.2.2 if it would be enforceable amended, it will be treated as so amended.
13.3 All notices sent by you to us must be in writing, in the English language and sent to the AGA Shop or Authorised Reseller you selected to manage your Order. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) working days after the date of posting of any letter.
13.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
13.5 If in the unlikely event you on are unhappy with our Goods or our service and you wish to make a complaint, please contact your AGA Shop or Authorised Reseller.
14 USE OF OUR WEBSITE
15 DATA PROTECTION
15.1 We are committed to protecting your privacy and fulfilling our obligations under Data Protection Laws. For full details please read our Privacy and Security policy
16 SPECIAL PROMOTIONS
16.1 We may from time to time run Special Promotions that will be subject to additional terms. These additional terms are set out here and are incorporated into these Terms by reference.
17 MODEL CANCELLATION FORM
17.1 If you wish to exercise your rights in line with Clause 9.3 above, please contact us with, or send to us the below information:
To AGA Shop or Authorised Reseller,
I hereby give notice that I cancel my contract of sale of the following goods:
Received on: / /
Name of customer ________________________________________
Date / /