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Northwick

Terms and Conditions

Northwick Associates Ltd 

 SUPPLY OF GOODS, SERVICES and digital content 

Our terms 

  1. These terms
    1.1 – These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. 
    1.2 – 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, please contact us to discuss.
  2. Information about us and how to contact us
    2.1 – We are Northwick Associates Ltd a company registered in England and Wales. Our company registration number is 04714313 and our registered office is at Unit 27 Aintree Road, Keytec 7 Business Park, Pershore, WR10 2JN. Our registered VAT number is GB 808 1550 42.
    2.2 – You can contact us by telephoning our customer service team at 01386 555 630 or by writing to us at [email protected] or at  Unit 27 Aintree Road, Keytec 7 Business Park, Pershore, WR10 2JN.
    2.3 – 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 – When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    3.1 – Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
    3.2 – If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because 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 – 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 – Our website is solely for the promotion of our products in the UK. Please contact us at [email protected] or on 01386 555 630 if you are thinking of placing and order but are outside of the UK.
  4. Our products
    4.1 – The images of the products and product packaging 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 – If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. Custom Products cannot be returned or refunded based on customer own measurements, you can find information and tips on how to measure on our website or by contacting us.
  5. Your rights to make changes 

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

6. Our rights to make changes
6.1 – We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.  These changes will not affect your use of the product.
6.2 – In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 – Descriptions of products and services can be found on our website, we have made every effort to make sure these are accurate but are subject to change based on supplier availability. This does not affect your statuary rights. 

7. Providing the products
7.1 – The costs of delivery will notified to you in writing before you place your order. 
7.2 – During the order process we will let you know when we will provide the products to you.
a) If the products are goods we will deliver them to you as soon as reasonably possible, this is generally within 7-10 days of the goods arriving with Northwick.  We will contact you with an estimated delivery date.
b) If the products are one-off services we will begin the services on the date agreed with you during the order process. 
c) If the products are ongoing services or a subscription to receive goods or digital content, we will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
d) If the product is a one-off purchase of digital content we will make the digital content available for you to download as soon as we accept your order. 
7.3 – If the product or service is delayed by an event outside our control it is our responsibility to contact you as soon as possible, we will take steps to minimise the effect of such a delay and tell you how we intend to do this. Provided we do this will will not be liable for any financial compensation regarding delays which are outside of our control, this does not affect your standard statuary rights to under clause 8.
7.4 – If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9 am to 5 pm on weekdays (excluding public holidays and Saturdays).
7.5 – If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 – If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 or collection we may end the contract and clause 10.2 will apply.
7.7 – If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.8 – You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods 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 goods;
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.
7.9 – 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 7.8, 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.
7.10 – If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (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 goods and their delivery.  If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.11 – You do not own any goods until we have received full payment for them, we reserve the right to collect any products which have not been paid for in full or take recovery actions regarding unpaid invoices
7.12 – We may need certain information from you so that we can supply the products to you. If so, 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 10.2 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.
7.13 – 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;
c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.14 – 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. If we have to suspend the product for longer than 3 months you may contact us to end the contract for a product and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15 – If you do not pay us for the products when you are supposed to (see clause 12.4) 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. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

8. Your rights to end the contract
8.1 – 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 not as described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
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 8.2;
c) If you have just changed your mind about the product, see clause 8.3. 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 goods; 
d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 – 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. The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
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 3 months; or
e) you have a legal right to end the contract because of something we have done wrong. 
8.3 – 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 these terms. 
8.4 – You do not have a right to change your mind in respect of:
a) bespoke and custom made items;
b) digital products after you have started to download or stream them;
c) services, once these have been completed, even if the cancellation period is still running;
d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
e) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and 
f) any products which become mixed inseparably with other items after their delivery.
8.5 – How long you have to change your mind depends on what you have ordered and how it is delivered.
a) If you have bought services, you have 14 days after the day we contact you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
b) If you bought digital content for download or streaming, you have 14 days after the day we contact you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. 
c) If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.
ii)Your goods are for regular delivery over a set period, you have until 14 days after the day you receive the first delivery of the goods. 
8.6 – Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. 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.
9. How to end the contract with us (including if you have changed your mind)
9.1 – To end the contract with us, please let us know by doing one of the following:  
a) Phone or email. Call customer services on 01386 555 630 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address. 
b) By post. Print off the form at the end of this document and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. 
9.2 – 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 either return the goods in person to where you bought them, post them back to us at Unit 27 Aintree Road, Keytec 7 Business Park, Pershore, WR10 2JN or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01386 555 630 or email us at [email protected] for a return label or to arrange collection.  If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 
9.3 – We will pay the costs of return:
a) if the products are faulty or not as described;
b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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; or In all other circumstances, you must pay the costs of return.   
9.4 – 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.
9.5 – We will refund equivalent to the amount paid for the goods and will include any discounts offered against any trade-in discounts, special offers or loyalty discounts for the products excluding delivery & installation costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 – If you are exercising your right to change your mind: 
a)We may reduce your refund of the price to reflect any reduction in the value of the goods, 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 goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
b) The maximum refund for postal delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 – 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 goods 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 9.2.
b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. 
10. Our rights to end the contract
10.1 – We may end the contract for a product at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 –  If we end the contract in the situations set out in clause 10.1 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.
10.3 – 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 2 weeks 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. 
10.4 – If you will not allow us access to the property due to specialist circumstances which are out of our control, which you have not made us aware of before the visit we withhold the right to end the contract with no refund. You may be offered another appointment however this would be at the discretion of the directors which would be confirmed in writing.
11. If there is a problem with the product
11.1 – If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01386 555 630 or write to us at [email protected] or at Unit 27 Aintree Road, Keytec 7 Business Park, Pershore, WR10 2JN
11.2 – If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you, for which you may be charged. Please call customer services on 01386 555 630 or email us at Unit 27 Aintree Road, Keytec 7 Business Park, Pershore, WR10 2JN to arrange collection.
11.3 – If the goods arrived faulty you must contact us within 7 days of the goods being delivered, this must be done in writing and allows us time to rectify the issue at our earliest convenience. 
12. Price and payment
12.1 – The price of the product (which includes VAT) will be the price set out in the Order or our acceptance of it. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order. 
12.2 – 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.
12.3 – 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 goods provided to you.
12.4 – If a ‘price-match’ is offered as part of a quote but is no longer valid by the time we receive confirmation that you wish to proceed with the order, then we reserve the right to review your quote prior to issuing you with a proforma invoice.
12.5 – Tolls, Parking Charges and Congestion Fees will be added to your invoice at cost where applicable.
12.6 – We accept payment with most credit cards. When you must pay depends on what product you are buying:
a) For goods, you must pay for the products before we dispatch them. When purchasing a machine you will be asked to pay in full for the item at the point of order.
b) For one-off services, you must make an advance payment in full of the price of the services, before we start providing them. 
c) For on-going services, and where credit has been agreed by a Director, we might offer you credit terms of up to 30 days following the date of invoice.  You must pay each invoice within 30 calendar days after the date of the invoice. 
d) Repairs ‘on the day’ are always charged extra and our Engineer will confirm the charge for the repair once the cause of the fault has been established. You will be not under any obligation to proceed with a repair.  Any additional Payment is due at the end of the visit by credit card, unless a credit agreement is already in place.
e) You will be informed in writing within 7 days of an extra charge, cooling off period does not apply in regard to extra services however any parts fitted are still covered by the 6-month warranty as per section 14.
12.7 – Prices shown on our website apply to mainland England and Wales. Other territories may be subject to additional travel charges.
12.8 – Prices shown on our website are per machine and based on a standard rate diagnosis callout (not a priority callout).
12.9 – Repairs are always charged extra and our Engineer will confirm the charge for the repair once the cause of the fault has been established. You will be not under any obligation to proceed with a repair.
12.10 – Our Engineers DO NOT CARRY CASH and are unable to give change. Please ensure that you have a credit card available to pay for any purchases from the van or additional cost for any repairs during your visit.
12.11 – If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 
12.12 – If you think an invoice is wrong please contact us promptly to let us know. 
12.13 – Calls to us cost your standard local rate unless you are calling from outside the UK which other costs may be incurred, by your network provider.
13. Our responsibility for loss or damage suffered by you
13.1 – 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.
13.2 – 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 and for defective products under the Consumer Protection Act 1987.
13.3 – If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.  However:
a) Our Engineers are required to wear safety shoes at all times for health and safety reasons. You should take adequate precautions to protect delicate floor coverings or make arrangements to move equipment into an area where the wearing of safety shoes is permitted before our arrival on site.
b) Our Engineers will use a variety of hand tools, test equipment and oil based lubricants as required during our activity. You are responsible for protecting or removing valuable or delicate items from the working area (including access routes) such as pictures, ornaments, light-coloured carpets or floor tiles that may be prone to marking or damage.
13.4 – You are required to keep yourself and others a safe distance away from our activity since there may be sharp edges, exposed moving parts and mains voltage present. This especially applies to children and/or pets in residential environments.
13.5 – You must not touch or interfere with any equipment that we are working on unless we specifically tell you it is safe to do so. You must not remove any “out of order” signage or reconnect any equipment that we have disconnected.
13.6 – If your machine needs to be lifted or moved then we will need to assess the risks involved including weight, dimensions, quantity, distance, terrain, steps, weather, and access route (eg. door widths, heights and corridors). You must tell us about these details beforehand so that we can assign appropriate lifting aids and make provisions to minimise any potential risks. If we find that the risks are too high on the day then we will refuse to lift or move the machine.
13.7 – If digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place minimum system requirements advised by us.
13.8 – If you choose to undertake any lifting or moving yourself then this is done entirely at your risk. We recommend that you wear safety shoes and familiarise yourself with manual handling techniques.
13.9 – You are required to provide a safe working environment for our Engineer. The equipment should be clear and easily accessible and the working area including access/egress should be free from obstructions, well-lit and adequately maintained so that we can conduct our work in a safe manner. Electrical sockets should be fully operational and free from damage. Our Engineer will not work in an environment that is deemed unsafe and you will be charged for the visit.
13.10 – If you have an intermittent fault or a fault which only occurs in very specific circumstances (such as at maximum speed after 20 minutes of continuous use) then we recommend that you have the machine prepared with the fault showing for when we arrive. You will be charged for the visit whether or not we are able to witness the fault.
13.11 – In some cases, the nature of our work can cause under lying faults to emerge that may not have been apparent before our visit. Therefore, we cannot guarantee to be able to leave your machine in the same condition as before nor do we accept any liability for correcting such faults.
13.12 – You should not use any machine or equipment that we have deemed to be faulty or unsafe. If you do so that will be at your own risk Northwick Associates will not accept liability for any injury’s or accidents on machines or equipment that we have deemed to be faulty or unsafe.
13.13 – Some faults can result in the power tripping off in your property. You are required to be familiar with the procedure for safely resetting the power in the event of it tripping off. You should also arrange to disconnect or safely shutdown any devices (such as computers or alarm systems) that may be adversely affected by a sudden and unexpected loss of power.
13.14 – We only supply the products for domestic and private use unless we have specifically quoted against a known commercial environment. 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.
13.15 – We will ask you to sign-off the repair. We recommend that you arrange to thoroughly test the equipment prior to our Engineer leaving site so as to satisfy yourself that the work has been completed to your full satisfaction as return visits may be chargeable. 

14. Warranties
14.1 – New parts that we supply and fit are covered by a 6 month warranty. This means that if the same fault occurs for the same reasons then we will arrange to repeat the repair without charge to you or refund the cost of the repair at our discretion. The warranty does not cover user adjustments, faults where no new parts have been fitted, unrelated faults, faulty parts that we have not supplied or work which has not been completed fully in accordance with our recommendations.
14.2 – The warranty is valid only in mainland England and Wales.
14.3 – The warranty period is valid from the date of the first repair. Any subsequent repairs completed under warranty do not affect the remaining warranty period.
15. How we may use your personal information
15.1 We will use the personal information you provide to us:
a) to supply the products to you;
b) to process your payment for the products; and
c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2 – We will only give your personal information to third parties where the law either requires or allows us to do so
15.3 – All communications (telephone calls, email, text messages, website contact forms etc) are logged, stored and/or recorded. These communications may be monitored by our staff for training purposes or to help resolve disputes.
15.4 – We will not record any part of a telephone calls where you are advising us of your credit card details.
 16. Other important terms
16.1 – We may transfer our rights and obligations under these terms to another organisation. 
16.2 – You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 
16.3 – This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 – 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.
16.5 – If you are not contacted immediately regarding breaking of this contract, that should not be taken as not having responsibility towards upholding the contract. Any recovery requirements can be taken later for any costs incurred which are due to circumstance beyond our control.
16.6 – 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 Scotlandyou 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. 

Terms and Conditions updated 16/04/18 Version 1.1