1. These terms
1.1 This website www.deva-uk.com (the "Site") is owned by Methven UK Limited
The term ‘Deva’, 'Methven UK Limited', ‘Methven UK’, 'us' or 'we' refers to Methven. The term 'you' refers to the user or viewer of the Site.
1.2 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.4 For your attention. We draw your attention to clauses 12.1 and 12.3 in relation to the limitation of our liability under this contract.
2. Information about us and how to contact us
2.1 Who we are. We are Methven UK Limited a company registered in England and Wales. Our company registration number is 06290166 and our registered office is at 2 New Bailey, 6 Stanley Street, Salford, M3 5GS. Our registered VAT number is 561 1561 61.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 195 1602 or by writing to us by email to: email@example.com or by post to:
The Customer Care Department
Methven UK Limited 3/3A Stone Cross Court
Yew Tree Way
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.0 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to confirm that we have accepted it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might include, but is not limited to, situations where the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK. Please contact us at firstname.lastname@example.org if you would like more information about buying our products outside the UK.
4.0 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5.0 Our rights to make changes
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements that may apply to the products; or
(b) to implement minor technical adjustments and improvements, for example to improve water flow. These changes will not affect your use of the product.
6.0 Providing the products and installation services
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. If you have purchased a product then the standard delivery time is 2-5 working days (UK) subject to availability. All orders are despatched by courier and a signature is required on receipt. When signing for a delivery you accept that the products have been received in good condition. If items are damaged on delivery you should not accept them. We do not despatch or deliver at weekends or public holidays and please note that we are unable to deliver to PO boxes.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (such as a period of 14 days or more), you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery of the products then we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery within 14 days of the initial delivery attempt then we may end the contract and clause 9.2 will apply.
6.6 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0800 195 1602 or email us at email@example.com to arrange collection.
6.9 When you become responsible for the products. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect, it from us.
6.10 When you own the product. You own the product once we have received payment in full.
6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply and install the products. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as notified by us to you (see clause 5).
6.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the product.
6.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
7.0 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) if you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products; or
(d) in all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in this clause 7 and clause 8.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(b) any products which become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? you have 14 days after the day you (or someone you nominate) receive the products, unless:
(a) your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products; or
(b) your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Where you have ended the contract under this clause 7.6, we would usually charge £15 to collect the products from you and £50 for administrative fees.
8.0 How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) phone or email. Call customer services on 0800 195 1602 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order (including the order number) and, where available, your phone number and email address;
(b) online. Complete the form on our website at www.deva-uk.com/pages/contact; or
(c) by post. Print off the form here and post it to us at the address on the form. Or simply write to us at that the following address, Methven UK Limited, 3/3A Stone Cross Court, Yew Tree Way, Golborne, Warrington WA3 3JD, including details of what you bought, the relevant order number, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect them from you. Please call customer services on 0800 195 1602 or email us at email@example.com to arrange collection. If you are exercising your right to change your mind as per clause 7.3, you must allow us to collect the products from you within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms (as per clause 14.6), an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong, in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge £15 for collection of products.
8.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) if the products are products and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2; or
(b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within 14 days of us asking for it, provide us with information that is necessary for us to supply and install the products;
(b) you do not, within 14 days of us accepting your order allow us to deliver the products to you; or
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10.0 If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 195 1602 or write to us at firstname.lastname@example.org.
10.2 Warranty. We provide a warranty in relation to our products. For further information on our warranty for our products please click here.
10.3 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. The Consumer Rights Act 2015 says products 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:
(a) up to 30 days: if your products are faulty, then you can get an immediate refund.
(b) up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases; or
(c) up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 0800 195 1602 or write to us at email@example.com to arrange collection.
11.0 Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
11.4 When you must pay and how you must pay. We accept payment with Visa or MasterCard. You must pay for the products before we dispatch them.
12.0 Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.4; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.0 How we may use your personal information
13.1 How we may use your personal information. We will use your personal data for the purposes of providing the products to you in accordance with our contract.
14.0 Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund to you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our warranty at clause 10.2 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing us with a receipt or other proof of ownership.
14.3 Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 We may amend these terms. We are at all times entitled to change or supplement these general terms and conditions. This means that for any subsequent orders to an initial order made under one version of these terms and conditions, other terms and conditions may apply.
14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Consumer Ombudsman via their website at https://www.ombudsman-services.org. The Consumer Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (if applicable to the governing law as per clause 14.7 as at the date of the dispute).