Last modified on 23 February 2022
1. About us
- 1.1 Company details. British Gas Services Limited (company number 03141243) trading as Local Heroes (we and us) is a company registered in England and Wales and our registered office is at Millstream Maidenhead Road, Windsor, Berkshire, SL4 5GD.
2. Our contract with you
- 2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
- 2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. Placing an order and its acceptance
- 3.1 Placing your order. Please follow the onscreen prompts via the link in Toolbox to the online shop to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms. All orders are subject to availability and we reserve the right to place limits on the number of products you can order.
- 3.2 Acknowledging receipt of your order. After you place an order, you will receive an email with a receipt for your payment, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.
- 3.3 Accepting your order. Your order will only be accepted when the Goods have been dispatched to your ByBox locker in accordance with clause 4 below. The Contract between you and us will only be formed when we send you the Goods.
- 3.4 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email. If you have already paid for the Goods, we will refund you the full amount as soon as possible. We may deliver your order in instalments, if this is not acceptable then you can return the Goods to us in accordance with clause 8.1 below.
4. Our goods
- 4.1 The images of the Goods and any packaging on our site are for illustrative purposes only and may vary slightly.
5. Delivery, transfer of risk and title
- 5.1 We aim to deliver Goods ordered before 5pm on a Working Day on the next Working Day, however, we are not responsible for any delays or failure to deliver.
- 5.2 Delivery is complete once the Goods have been left at your ByBox locker (and where you have more than one ByBox locker, at the one indicated in your order) and the Goods will be at your risk from that time.
- 5.3 You own the Goods once we have received payment in full.
6. Price of goods and delivery charges
- 6.1 The prices you will pay for the Goods will be as quoted via the online shop at the time you submit your order. The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
- 6.2 There is no charge for delivery.
- 6.3 Payment for the Goods is in advance.
7. Manufacturer's guarantee
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods. For appliances, for example boilers, once installed the returns process in clause 8 below shall not apply and any faults will need to be reported directly to the manufacturer as warranty replacement or repair starts with the manufacturer once the appliance is installed.
- 8.1 If you change your mind about any Goods ordered, you can return the Goods to us at your cost within 14 days of receipt. The Goods must not be used and must be 'as new' unopened condition when returned to us. Any security seals must be intact and unopened.
- 8.2 You should inspect the Goods upon receipt for damage or defects, please report any damage to us within 24 hours and do not attempt installation or use of the Goods.
8.3 Subject to clause 8.4, if:
- (a) you give us notice in writing within 24 hours of receipt that some or all of the Goods are faulty;
- (b) we are given a reasonable opportunity of examining the Goods; and
- (c) we ask you to do so, you return the Goods to us at our cost, we will, at our option, repair or replace the defective Goods, or refund the price of the faulty Goods in full.
8.4 Returns will not be accepted if:
- (a) you make any further use of the Goods after giving notice to us under clause 8.3(a);
- (b) you alter or repair the Goods without our prior written consent;
- (c) the fault or damage arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- (d) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- 7.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- 7.6 These Terms also apply to any repaired or replacement Goods supplied by us to you.
9. Our liability: your attention is particularly drawn to this clause
- 9.1 References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- 9.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
9.3 Nothing in these Terms limits or excludes our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (d) any other liability that cannot be limited or excluded by law.
9.4 Subject to clause 9.3, we will under no circumstances be liable to you for:
- (a)any loss of profits, sales, business, or revenue;
- (b)loss or corruption of data, information or software;
- (c)loss of business opportunity;
- (d)loss of anticipated savings;
- (e)loss of goodwill; or
- (f)any indirect or consequential loss.
- 9.5 Subject to clause 9.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
- 9.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
10.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
- (a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
- (b) you fail to pay any amount due under the Contract on the due date for payment;
- (c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- (d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
- 10.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
- 10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
11. Communications between us
- 11.1 When we refer to "in writing" in these Terms, this includes email.
- 11.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and when such notice or communication is given by you to us it must be by email to email@example.com.
11.3 A notice or other communication is deemed to have been received:
- (a) if delivered by hand, at the time the notice is left at the proper address;
- (b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- (c) if sent by email, at 9.00 am the next working day after transmission.
- 11.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- 11.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12. Governing law and jurisdiction.
- 12.1 This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.