ICS Shop Terms & Conditions
This page gives information about us and the legal terms and conditions (T&Cs) on which we sell any of the products (Products), listed on our website to you whether placed via our site or by telephone, and these terms will apply to any sale of products or services to you.
Please read these Terms carefully and make sure you understand them, before ordering Products or Services from our site. Please note that by ordering any of our Products or Services you agree to be bound by these Terms and Conditions.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these T&Cs to ensure you understand the terms which may apply at that time.
1. Product Image
1.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colour’s accurately, we cannot guarantee that your computer display of the colour is accurately reflecting the colour of the Products. Products may vary slightly from those images.
1.2 Although we have made every effort to be as accurate as possible, the sizes, weights, capacities, dimensions and measurements of our Products may vary from those indicated on our site.
1.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2. How we use your personal information
3 Members & Consumers
3.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and resident in the United Kingdom.
3.2 As a Member or Consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
4. If you are a business customer
This clause 4 only applies if you are a business.
4.1 If you are not a consumer or Member, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms or any document expressly referred to in them.
5. How the contract is formed between you and us
5.1 For the steps you need to take to place an order on our site, please see the information provided on our site. If you order by telephone, we will explain the order process when you call us.
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, we endeavor to contact you to take payment, however, this may not always be possible and products may be dispatched prior to payment by you, by placing the order and accepting these T&C you are legally bound to make payment on receipt of products. However, 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 5.4.
5.4 We accept all orders from Members, and confirmation will not usually be sent. Orders from Non-Members will only be accepted once payment has been made, and products ordered are not restricted to Members Only.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and/or
(c) changes in our business operations.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
7. Your consumer right of return and refund
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause
7.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.3 However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products or products made to your specification or clearly personalised;
(b) Stickers, periodicals or manuals;
(c) perishable goods;
7.4 Your legal right to cancel a Contract starts from the date of the Dispatch excluding personalized items, which must be cancelled on the day of ordering, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.5 To cancel a Contract, please contact us in writing to tell us by sending an email to firstname.lastname@example.org You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email, then your cancellation is effective from the date you sent us the email to us.
7.6 You will receive a full refund of the price you paid for the Products excluding any delivery charge. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or mis-described, please see clause 7.6.
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We refund you in the manner and means in which you paid.
7.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.9 As a consumer or Member, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 Your order will be fulfilled by the estimated delivery date, which will be confirmed during the payment process. Unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to the address you gave us.
8.3 The Products will be your responsibility from the completion of delivery.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9. No international delivery
9.1 Unfortunately, we do not delivery to addresses outside the UK, unless to a Member.
9.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
10.2 Prices for our Products may change from time to time, but changes will not affect any order, which we have confirmed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being unless otherwise stated. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. How to pay
11.1 You can only pay for Products using a debit card or credit card.
11.2 Payment for the Products and all applicable delivery charges is in advance.
12. Manufacturer guarantees
12.1 Some of the Products 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 Products.
12.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. Our warranty for the Products
13.1 For Products, which do not have a manufacturer’s guarantee, we will warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.
13.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
13.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
14. Our liability if you are a business
This clause 16 only applies if you are a business customer.
14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
14.2 Nothing in these Terms limit or exclude 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) defective products under the Consumer Protection Act 1987.
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract 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.
14.4 Subject to clause 14.2 and clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 Products are suitable for your purposes.
15. Our liability if you
This clause 15 applies to all contracts.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or the negligence or default of any subcontractor, supplier or other third party.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Communications between us
17.1 When we refer, in these Terms, to “in writing”, this will include email.
17.2 If you wish to contact us in writing for any other reason, you can send this to us by email or by pre-paid post to us at email@example.com or to our address as given on our site. You can always contact us using our telephone line.
17.3 If we have to contact you or give you notice in writing, we will do so by email.
17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. 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 e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.7 If you are a business, these Terms are governed by English law. This means that a Contract, 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
At ICS we are committed to safeguarding and preserving the privacy of our visitors.
We are ICS Chimney Sweeping Association a Limited company registered in England and Wales under company number 11016657 and with our registered office at PO Box 1371 Maidstone, Kent ME14 9TH
We do update this Policy from time to time so please do review this Policy regularly.
1. Information We Collect
(including Security capabilities and policy for transmission of payment card details)
In running and maintaining our shop we do not maintain and collect personal information in processing orders.
Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
ii. Information provided voluntarily by you. For example, when you register for information or make a purchase.
iii. Information that you provide when you communicate with us by any means.
We will require your credit or debit card information (card number, expiry date, billing address, postcode, name on card and CSV number) to process your payments. All such information will only be transmitted using secure servers. We will not use this information for any purpose other than to process your payments. Your credit or debit card details will not be stored once payment has been successful.
Credit card details are not stored anywhere in our database at any time, but they are transmitted from our website to the payment gateway with SSL encryption.
Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
3. Use of Your Information
We do not use your information for any other purpose other than to fulfill your order.
Where your consent has been provided in advance we may allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services which we believe may interest you. Where such consent has been provided it can be withdrawn by you at any time.
4. Storing Your Personal Data
Other than Members data we do not store your personal data.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically. Sending such information is entirely at your own risk.
5. Disclosing Your Information
i. In the event that we sell any or all of our business to the buyer.
ii. Where we are legally required by law to disclose your personal information.
iii. To further fraud protection and reduce the risk of fraud.
6. Third Party Links
7. Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee to cover costs incurred by us in providing you with the information.
8. Contacting Us