Terms and Conditions of Trade
SUPPLIER TERMS AND CONDITIONS
Column Rads is a trading name and registered trademark of A P P Wholesale Ltd, with company number 06552800, that is registered in England and Wales with its registered office address at: Unit 1 Radford Industrial Estate, Goodhall Street, London NW10 6UA.
1. Interpretation
1.1 Definitions:
Customer: the customer specified at CHECKOUT when ordering online or by telephone.
Customer's Address: the address specified at the time of ordering.
Delivery Date: the date agreed upon between Column Rads and the Customer for the delivery of the Product/s to the Delivery Point.
Delivery Point: the address specified at the time of ordering, which may be the Customer's property or another specified location. In default of any other agreement, the location will be kerbside.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world in or associated with the Products.
Invoice: an invoice raised by Column Rads.
Prices: the prices for the Products specified on the Column Rads website.
Order: an online or phone order for Products and/or Services submitted by the Customer to Column Rads and accepted by the same in accordance with clause 3.2.
Order Reference: the reference applied to the Order.
Products: the products set out in the Order.
Product Condition: has the meaning given in clause 4.1.
Sales Order: the online order or telephone order specifying details of the Products and Prices.
Specification: the specification of the Products set out on the Column Rads website, if any, or any other specification agreed between the parties from time to time.
Supplier: Supplier and Column Rads are interchangeable and have the same definition, they both refer to A P P Wholesale Ltd, who is the Column Rads brand owner.
2. Sale of the Products
2.1 Subject to clause 3.4 and to the provisions of this agreement, Column Rads shall sell such quantities of the Products as listed online.
2.2 This agreement shall apply to all future arrangements between the parties for Column Rads to supply and the Customer to buy Products, unless the parties agree otherwise in writing.
2.3 Column Rads shall not be obliged to accept any order for any Products.
3. Order Process
3.1 When the Customer wishes to place an order for Products, it shall do so online using the website: https://www.columnrads.co.uk or by telephone.
3.2 An online or phone Order shall be treated as an offer by the Customer to contract with Column Rads but shall not be binding until subsequently accepted by the Supplier. Column Rads may accept the order and/or subsequent amendments at its sole discretion.
3.3 Collection or delivery of the Products shall occur in accordance with the online Order details or by telephone and the provisions of this agreement.
3.4 Any other order mechanism or method as stipulated by the Supplier from time to time.
4. Specification of the Products
4.1 Subject to clause 4.2, Column Rads confirms that all Products sold to the Customer pursuant to this agreement will conform in all material respects to the Specification (Product Condition). All other warranties or conditions (whether expressed or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in this agreement are excluded from this agreement to the fullest extent permitted by law.
4.2 The Customer agrees that:
(a) if it uses any replacement or alternative parts, accessories or products which are not purchased from Column Rads, or otherwise specifically authorised by the Supplier, then the Customer does so entirely at their own risk and Column Rads shall have no liability in respect of the same or the consequences thereof; and
(b) the Customer shall use any and all Products, including third party products, in accordance with associated instructions and specifications.
5. Delivery of the Products
5.1 Column Rads will fulfil its contractual obligations in respect of each collection or delivery provided that it makes available for collection or delivers at least the quantity specified on the Sales Order.
Where applicable, the Customer shall provide sufficient labour and/or equipment to facilitate loading or unloading in each case, respectively and, in the case of delivery:
(a) the delivery location is defined as the front door, ground floor or into an attached garage. Due to the weight of many items Column Rads delivers, we are unable to carry items upstairs for Customers. Whilst Column Rads drivers will do all they can to help, they will need assistance for difficult deliveries, such as a 5th floor flat with no lift.
(b) the Customer shall notify Column Rads in advance of any conditions, including without limitation any health and safety or hazard issues, which might reasonably affect delivery; and
(c) it shall be the delivery driver's absolute and final right to decide whether it is safe and appropriate to carry out deliveries on a case-by-case basis.
5.2 Dates related to delivery indicated by Column Rads are approximate only. Time is not of the essence for making the Products available for delivery. Column Rads and the Customer shall mutually agree upon the Delivery Date within 3 business days of the Supplier's communication. Whilst we make every effort to deliver on time and in full, on rare occasions – and subject to human error – delays could occur.
5.3 Column Rads will always try to keep you informed of any known delays, but we cannot accept claims for labour and/or waiting in time for deliveries to arrive. Column Rads recommends waiting for your goods to be delivered prior to booking labour in, to start the job for you.
5.4 If we attempt the delivery as pre-arranged and nobody is available, we will need to rebook another date with the Customer and charge an additional delivery fee.
5.5 If you need to change this date, please notify Column Rads as soon as possible.
5.6 Certain bulky items of stock are called forward on a daily basis from our holding warehouses and can, on very rare occasions be delayed in arrival by freight, again Column Rads encourages Customers not to book installation or trades until the order has been received and inspected upon delivery.
6. Goods Found to be Faulty on Delivery
6.1 The Customer shall, within 14 days of delivery of the Products, give written notice of rejection to Column Rads on account of: any defect by reason of which the Customer alleges that the Products collected or delivered do not comply with the Product Condition and which was apparent on reasonable inspection; or if there are discrepancies with sales documentation.
6.2 If the Customer fails to give notice as specified in these terms and conditions then, except in respect of any defect which is not one which would be apparent on reasonable inspection, the Products shall conclusively be presumed to comply with the Product Condition and, accordingly, the Customer shall be deemed to have accepted the Products in question and Column Rads shall have no liability to the Customer with respect to the delivery, notwithstanding Clause 13.2.
6.3 If the Customer alleges that any Products are defective, it shall, if so requested by Column Rads, return the relevant Products (unaltered) to Column Rads for inspection as soon as possible and at the Customer’s own risk and expense.
6.4 If the Customer rejects any Products which do not comply with the Product Condition, Column Rads shall, within fourteen days of accepting that the Products do not comply with the Product Condition:
(a) make available for delivery replacement Products which comply with the Product Condition, in which event Column Rads shall be deemed not to be in breach of this agreement or have any liability to the Customer for the rejected Products; or
(b) notify the Customer that it is unable to supply replacement Products, in which case the Customer shall be entitled to obtain from any other person such quantity of the Products only as Column Rads has been unable to supply and the Supplier shall grant to the Customer a credit equal to the value of the Products which the Supplier agrees do not comply with the Product Condition.
6.5 Column Rads’ decision as to whether the Products comply with the Specification shall be final.
7. Satisfaction Guarantee
7.1 Quality, Fitness for Purpose, and Description: The goods will be as described, fit for purpose, and of satisfactory quality. In the event of any breach of these statutory warranties, consumers are entitled to specific rights under the Consumer Rights Act 2015, including a short term right to reject, the right to repair or replacement, and the right to a price reduction or a final right to reject.
7.2 If you are a consumer and you are not satisfied with any product purchased from Column Rads you may return it unused, in the original packaging, within 14 days for a full refund. This amount excludes all delivery costs.
8.Warranty
8.1 All goods are guaranteed for 12 months unless stated, which is underwritten by the manufacturer. For faulty items, please see Section 15 and its relevant sub-clauses concerning the Return procedures.
9. Delivery Charges
9.1 Column Rads tries hard to keep delivery charges to a minimum. When we receive an order, we will phone the Customer to advise them of a delivery date when access will be needed.
9.2 Delivery is just £7.50 plus VAT for an order under £150 and £12.50 plus VAT for orders over £150 – anywhere in mainland UK. Column Rads keeps its products as low as possible and does not hide its delivery charges in the price of what the Customer is buying – unlike many other heating websites.
9.3 Customers inside London’s Congestion Zone will be charged an additional £9.00 delivery surcharge. If you are unsure if this affects you, please contact Column Rads using the contact details at the end. Delivery to the Isle of Wight is £33.60 plus VAT. The delivery is charged at a pallet rate. Orders are sent via courier.
10. Prices and Payment
10 .1 The Customer shall pay to Column Rads the total amount stipulated by the shopping basket or by telephone at the time of ordering.
10.2 Credit cards are debited prior to orders being dispatched. Column Rads accepts the following credit and debit cards: VISA, MasterCard, Switch, Solo and Maestro.
If you phone and pay by card over the phone, delivery needs to be to your billing address: this is the address assigned to your credit card used for payment. (This is part of the terms of your card provider and is designed to protect your card security.)
10.3 Orders placed online, using our Adyen secure payment authentication can be delivered to any address in the UK.
10.4 All prices online include UK (VAT).
11. Stock
11.1 In Stock is defined as being in stock within Column Rads. Although good stock levels of most items are held within each branch, some slower moving stock may need to be moved between branches. This may cause a slight delay, but we will always inform you if this is the case.
11.2 Whilst we make every effort to deliver on time and in full, on rare occasions – and subject to human error – delays could occur. Column Rads will always try to keep the Customer informed of any known delays, but we cannot accept claims for labour and/or waiting in time for deliveries to arrive. We recommend waiting for your goods to be delivered prior to booking labour in to start the job for you.
11.3 Coloured column radiators are powder coated to order and are treated as a special-order item. All coloured radiators are inspected prior to delivery for quality control and must be checked by you for any defects within 24 hours of delivery. We are unable to accept coloured column radiators back based on wrong colour choice.
12. Title and Risk
12.1 Risk in and responsibility for the Products shall pass to the Customer upon collection from the Store or delivery to the Delivery Point, depending on the method agreed upon for the transfer of the Products.
13. Changes and Cancellations
13.1 Column Rads may, immediately on giving written notice to the Customer:
(a) amend the Sales Order to exclude from this agreement one or more of the Products as it sees fit;
(b) elect to alter the Specification of any of the Products, provided that the alteration does not materially adversely affect the performance of the Products; or
(c) amend the Sales Order to include any modified version of the Products, additional goods or replacements for the Products.
13.2 Column Rads may, on giving written notice to the Customer, elect to alter the Specification of any of the Products in accordance with 13.1
13.3 Where the Customer has placed an Order and the Supplier has accepted that Order following payment, and the Specification of any of the Products contained in that Order are varied in accordance with clause 13.1, the Customer may cancel the part of the Order that relates to the varied Products only.
13.4 Column Rads may, on giving written notice to the Customer, amend the Sales Order to exclude from this agreement one or more of the Products as it thinks fit. Where the Customer has placed an Order and Column Rads has accepted that Order, and any of the Products contained in that Order are excluded from this agreement, the Order shall automatically be varied to exclude such excluded Products.
13.5 You may cancel your order by contacting us with your order number at no extra charge. However, if the item has already been dispatched for delivery, we will be unable to refund any of the delivery costs involved.
14. Returns Policy
14.1 In the unlikely event that the Customer is not satisfied with a product purchased from Column Rads, you may return it if you are a consumer, unused – in the original packaging – within 30 days for a full refund.
14.2 When returning items, please package the items safely and wrap items before labelling. Product packaging must be undamaged in order for us to accept the item back for resale. Products with postage addresses and labels on the actual product packaging cannot be accepted for refund.
14.3 Customers should please check their delivery as soon as they can. If you have just had a delivery and something is wrong, please report this to the dispatch depot straight away. Do not leave it until when the plumber turns up.
14.4 You do not need to open the sealed product packaging - if something looks like the wrong size or it is not what you expected please call the dispatch depot straight away.
14.5 Returns and incorrect products are far easier to deal with when they are fresh in everyone’s mind. Column Rads will always work with the Customer to find the best solution and because we use our own transport, Column Rads can rectify mistakes quickly and efficiently without you having to possibly take another day off. You never know - the driver may even be coming back past your door.
14.6 Please note that if the Customer has any discrepancies or damages with the goods once delivered, they must notify the dispatch depot on the delivery note within 72 hours.
14.7 Column Rads cannot exchange items that have been materially altered by the installation. Items such as radiators and boilers require a physical installation into a heating system and, as such, must be checked for any signs of damage or defect prior to that installation and within 72 hours of delivery.
14.8 When returning items, the buyer is responsible for the cost of the shipping and packaging, unless the item is faulty, where we will collect the faulty item at the time of delivering a replacement. You will be informed of this when booking in the replacement delivery.
For faulty items, please notify us by email: sales@columnrads.co.uk
15. Intellectual Property Rights
15.1 The Customer acknowledges that:
(a) the Intellectual Property Rights are Column Rads (or its licensor's) property;
(b) nothing in this agreement shall be construed as conferring any licence or granting any rights in favour of the Customer in relation to the Intellectual Property Rights. Column Rads asserts its full rights to control the use of its trademarks and the Customer shall assist the Supplier as required in preventing parallel importers from diluting the Supplier's rights; and
(c) any reputation in any trademarks affixed or applied to the Products shall accrue to the sole benefit of Column Rads or any other owner of the trademarks from time to time.
15.2 The Customer shall not repackage the Products and/or remove any copyright notices, confidential or proprietary tags or identification from the Products in order to make them available for resale.
15.3 The Customer shall not use (other than pursuant to this agreement) or seek to register any trademark or trade name (including any company name) which is identical to, confusingly similar to or incorporates any trademark or trade name which the Supplier or any associated company of Supplier owns, or claims rights in anywhere in the world.
15.4 If at any time it is alleged that the Products infringe the rights of any third party or if, in the Supplier's reasonable opinion, such an allegation is likely to be made, the Supplier may at its option and its own cost:
(a) modify or replace the Products in order to avoid the infringement; or
(b) procure for the Customer the right to continue using the Products; or
(c) repurchase the Products at the price paid by the Customer, less depreciation at the rate the Supplier applies to its own equipment.
15.5 The Customer shall promptly and fully notify Column Rads of:
(a) any actual, threatened or suspected infringement of any Intellectual Property Rights which comes to the Customer's notice; and
(b) any claim by any third party that comes to the Customer's notice that the sale or advertisement of the Products infringes the rights of any person.
15.6 The Customer agrees (at the Supplier's request and expense) to do all such things as may be reasonably required to assist Column Rads in taking or resisting any proceedings in relation to any infringement or claim referred to in clause 15.5.
16. Force Majeure
16.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
16.2 If the period of delay or non-performance continues for 30 days, the Customer may terminate the order by giving 14 days' written notice to Column Rads.
17. Data Protection and Privacy
17.1 Column Rads will comply with applicable UK Data Protection legislation in processing any personal data provided by Customers in connection with their purchase.
18. Complaints and Dispute Resolution
18.1 If you have any complaints or issues relating to your purchase, you should contact Column Rads using the contact details provided in these Website Terms and Conditions of Trade. Column Rads aims to resolve any complaints within a reasonable time frame. You also have the right to use alternative dispute resolution mechanisms if your complaint cannot be resolved through direct communication with us.
19. Entire Agreement
19.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
19.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent mis-statement based on any statement in this agreement.
20. Limitation of Liability
20.1 Apart from consumer statutory rights, Column Rads’ total liability in contract, tort (including negligence), misrepresentation or otherwise in relation to this agreement shall be limited to the amount paid by the Customer for the Products.
20.2 Column Rads shall not be liable to the Customer for:
(a) any indirect, special or consequential loss or damage; or
(b) loss of data or other equipment or property; or
(c) economic loss or damage; or
(d) incurring of liability for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or
(e) any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill, even if Column Rads is advised in advance of the possibility of any such losses or damages.
20.3 Column Rads shall not be liable for any losses arising from the Customer's subsequent use or misuse of the Products including (without limitation):
(a) fair wear and tear;
(b) wilful damage;
(c) the Customer's negligence, or that of its agents or employees, or any failure to follow the Supplier's instructions as to use of the Products;
(d) abnormal working conditions beyond those referred to in the Specification; and
(e) any alteration or repair of the Products by any manufacturing process or otherwise, save for any latent defect which means that the Product did not comply with the Specification.
20.4 The Supplier is not liable for:
(a) non-collection or non-delivery, unless the Customer notifies Column Rads of the claim within fourteen days; or
(b) shortages in the quantity of Products collected unless the Customer notifies the Supplier of a claim within fourteen days of receipt of the Products; or
(c) damage to or loss of all or part of the Products in transit, in respect of which the Customer shall ensure suitable and appropriate insurance is in place.
21. Severance
21.1 If any provision or part-provision of these Website Terms and Conditions of Trade becomes invalid, illegal or unenforceable, it shall be deleted, but that shall not affect the validity and enforceability of the rest of these terms.
22. Governing law and Jurisdiction
22.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
22.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
23. Contacting Column Rads
23.1 If you wish to contact Column Rads, please email us using sales@columnrads.co.uk, or write to Head Office, A P P Wholesale Ltd, Unit 1 Radford Industrial Estate, Goodhall Street, London NW10 6UA or telephone 02392 751306.
Updated June 19 2024
