Cool You Limited Terms & Conditions
These terms and conditions apply to each customer (“you”) of Cool You, a trading division of Cool You Limited (a company registered in England and Wales with company registration number 8128635, whose registered office is at Floors 7 & 8, 24 King William Street, London EC4R 9AT and whose registered VAT number is 92333054) (“we”, “us”). They govern the agreement between you and us for the supply of products and services by us to you.
Please read these terms and conditions carefully before you submit your order to us and retain a copy for your records. These terms tell you who we are, how we will supply products and services 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 have any queries regarding these terms and conditions or you think that there is a mistake in these terms and conditions, please contact us to discuss (see clause 1.1 for our contact details).
Please note that if you’re ordering from us as a business, certain elements of these terms and conditions are modified (as set out in clause 16).
1. How To Contact Us
1.1 How to contact us: The quickest way You can contact us is by telephoning 0207 043 2275 or by e-mailing us at enquiries@coolyoudirect.co.uk. The slowest way is by writing to us at Floors 7 & 8, 24 King William Street, London EC4R 9AT
1.2 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.
1.3 “Writing” includes emails: When we use the words “writing” or “written” in these terms, this includes emails.
2. Our Contract With You
2.1 Quotations: Any quotation we provide to you will not constitute an offer and will remain valid for a period of 30 days from its issue date, subject to clause 11.3.
2.2 How you can place an order: You can submit an order via email or by confirming to us that you wish to place an order (each following our quotation to you). Your order will constitute an offer by you to us to purchase the products and services. You will be responsible for the accuracy of the contents of your order.
2.3 How we will accept your order: Our acceptance of your order will take place when we email you confirming that we have accepted your order, at which point a contract will come into existence between you and us.
2.4 If we cannot accept your order: If we are unable to accept your order, we will inform you of this in writing, wherever possible within fourteen (14) business days, and will not charge you for the product. This might be because the product is out of stock, or because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product, or because we are unable to meet a delivery or installation deadline you have specified.
3. Our Products And Services – Supply And Installation
3.1 What we provide: We supply, install and maintain DC inverter air conditioning systems which use internal water-cooled condensers (referred to as “DC Inverter Air Conditioning Systems”) which can be completely contained within the property.
3.2 DC Inverter Air Conditioning Systems: Please read clauses 3.2-3.9 carefully as they contain important information. Let us know if you have any queries or need any clarification. DC Inverter Air Conditioning Systems are an excellent air conditioning solution with mains water being used in a controlled way to take heat away.
3.3 The function of the internal condenser within the DC Inverter Air Conditioning System is primarily to cool the refrigerant. Connections are very similar to those required to plumb in a residential washing machine or dishwasher. It has a water in and water out connection. When required, the water valve opens up and allows a controlled flow of water through the condenser only and shuts off automatically when not required. The condenser is set up to use the minimum amount of water and to take the maximum amount of heat away.
3.4 The water needed for a DC Inverter Air Conditioning System can come from a condenser water loop system, as typically found in multi-unit retail complexes, or other clean water supplies, as long as the correct flow and pressure is available. Alternatively, it must come direct from the property mains cold water supply. Please note that the water in must not be supplied from a booster tank.
3.5 The water being discharged from a DC Inverter Air Conditioning System is typically 23 degrees warmer than the water going in. The DC Inverter Air Conditioning System does not store or contaminate the water being discharged and there is no risk of back flow.
3.6 The water that is discharged from a DC Inverter Air Conditioning System can be reused. For example, it can be directed to a storage tank and used as grey water to flush toilets within the property, or supply washing machines or dishwashers etc. If none of these options are desired or possible, the discharged water will go to waste. If requested, at a small additional cost which we will notify to you, we can fit an inline water meter so that water usage can be monitored. We are happy to advise on the options as every property is different.
3.7 Please note that you are responsible for payment of any additional water usage once the DC Inverter Air Conditioning System is installed.
3.8 It is your responsibility to seek all necessary permissions needed to install any of Our products or systems, for example, making any holes through internal or external walls.
3.9 The installation of the DC Inverter Air Conditioning System involves connections to the existing pipework within your property. Following installation of the DC Inverter Air Conditioning System, it is your responsibility to ensure that all other contractors and workmen (for example, plumbers) that may carry out work at your property are aware that you have a DC Inverter Air Conditioning System and that the system is connected to your pipework. We will not be responsible for any faults or defects in the DC Inverter Air Conditioning System or any pipework to which it is connected if any such faults or defects arise as a result of the acts or omissions of any such contractors or workmen.
3.10 Descriptions of our Products: The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to ensure the products are accurately represented, there may be minor variations and we cannot guarantee that a product will be identical to the image in our brochures and on our website. Accordingly, products (and their packaging) may vary slightly from those images.
3.11 Installation services: We will bring with us the DC Inverter Air Conditioning System and installation materials when we come to perform installation. We will agree this with you at the time of issuing our quotation. We require that an adult is to be present at the property when we arrive and throughout the installation process.
3.12 Maintenance Services: The DC Inverter Air Conditioning System must be properly maintained and regularly serviced. We offer an ongoing maintenance service plan, which we invite all our customers to join, to ensure ongoing efficiency and performance of the system(s), reduce the risk of breakdown and maintain the integrity of the warranty. There is no cost to join the maintenance plan. Maintenance services actually carried out will be subject to a separate charge and agreement between us and you. Should you decide not to join our maintenance plan, and an issue arises within the Warranty Period as defined in clause 10.2, we will require documentation/proof that the system(s) have been maintained properly at the specified intervals by a qualified F Gas Engineer.
3.13 Your obligations:
You shall:
3.13.1 ensure that the terms of the order (and, if submitted by you, the goods specification) are complete and accurate;
3.13.2 co-operate with us in all matters relating to the supply of products and services;
3.13.3 provide us, our employees, agents, consultants or subcontractors with access to your property, office accommodation and other facilities as reasonably required by us to supply the products and services;
3.13.4 provide us with such information and materials as we may reasonably require to supply the products and services and ensure that such information is accurate in all material respects;
3.13.5 prepare your property for the supply of the products and services;
3.13.6 obtain and maintain all necessary licenses, permissions and consents which may be required for the products and services before the date on which the products are to be delivered and installation services are to start; and
3.13.7 keep all materials, equipment, documents and other property of ours at your property in safe custody, maintain their good condition until returned to us and not dispose of or use them in any way other than in accordance with our written instructions or authorisation. You will be responsible for any damage caused to our materials, equipment, documents or other property whilst it is in your safe custody.
4. Delivery And Installation
4.1 Delivery and installation costs: The costs of delivery of the products and agreed installation will be as notified to you in our quotation (subject to clause 2.3 above).
4.2 When we will supply the products: We will let you know when we will supply the products and carry out the installation during the order process. This date will be agreed mutually between us and you. We will use reasonable efforts to ensure that we make delivery and perform the related installation services on the date we agree with you.
4.3 We are not responsible for delays outside our control: If our supply of the products and / or services 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 you may contact us to end the contract and receive a refund for any payments you have made.
4.4 If you are not at home or refuse us access to your property on the agreed date: If no one is available at your address when we arrive with the products or you refuse us access to your property to perform installation as arranged, (without good reason for this), we will contact you for further instructions and may charge you for storage costs and any further delivery and installation costs. If, despite our reasonable efforts, we are unable to contact you or rearrange installation we may end the contract and clause 9 will apply.
4.5 Your legal rights if we cannot instal on the agreed date: If we miss the delivery and start of the installation on the agreed date then you can advise us of a new delivery deadline (which must be reasonable) or you may treat the contract as at an end straight away if the following apply:
4.5.1 we have refused to deliver the products or carry out the installation; and
4.5.2 installation on the agreed date was essential (taking into account all the relevant circumstances) and you told us before we accepted your order that installation to start on the agreed date was essential.
4.6 We will then refund any sums you have paid to us for the cancelled products and services. You cannot reject products and services for late delivery once installation has commenced.
4.7 When you become responsible for the products: A product will be your responsibility from the time we deliver the product to the agreed delivery address.
4.8 When you own the products: You own a product once we have received payment in full.
4.9 What will happen if you do not give required information to us: We may need certain information from you so that we can supply the products to you. If so, this will have been notified to you before you placed your order. 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 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 or installing 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.
4.10 Reasons we may suspend the supply of products to you: We may have to suspend the supply of a product to:
4.10.1 deal with technical problems or make minor technical changes;
4.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
4.10.3 You fail to make any payment due to us by the due date for payment;
4.10.4 make changes to the product as requested by you or notified by us to you (see clause 6).
4.11 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 four weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
4.12 We may also suspend supply of the products if you do not make payment in accordance with the agreed payment plan. The payment plan is set out in clause 11.4 below (unless varied in our quotation to you, in which case the payment plan in our quotation will apply). If you do not make payment to us in accordance with the payment plan and you still do not make payment within five 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 11.5).
5. Your Rights To Make Changes
5.1 If you wish to make a change to the product(s) you have ordered or any installation arrangements, 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 that we notify you of are unacceptable to you, you may want to end the contract (see clause 7, your rights to end the contract).
6. Our Rights To Make Changes
6.1 Changes to the products and installation. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms: In addition, as we informed you in the description of the product in our brochure and on our website, we may need to make more material changes to these terms or the product(s), 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 of any amounts paid for any products or services paid for but not supplied to you.
7. Your Rights To End The Contract
7.1 You can 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:
7.1.1 if the product 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 a service re-performed or to get some or all of your money back), see clause 10;
7.1.2 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;
7.1.3 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 goods;
7.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 7.7.
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 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any products which have not been supplied. The reasons are: 7.2.1 we have told you about an upcoming change to the product or these terms that is significant and which you do not agree to (see clause 6.2);
7.2.2 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;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4 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 four (4) weeks; or
7.2.5 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 off premises you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
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:
7.4.1 any products that you have ordered which are “bespoke”, that is to say they are non-standard products which have been manufactured to your particular requirements or specifications;
7.4.2 installation: once installation of the products has commenced, even if the cancellation period is still running.
7.5 Have you bought products which we will install? If so, you have fourteen (14) days after the day we email you to confirm we accept your order. However, once we have commenced the installation services you cannot change your mind, even if the period is still running. If you cancel after we have started the installation services, you must pay us for the products and installation services provided up until the time you tell us that you have changed your mind.
7.5.1 Right to change your mind: Even if we are not at fault and you do not have a right to change your mind pursuant to the Consumer Contracts Regulations 2013, you can still end the contract before the products are installed, but we may, in our absolute discretion, charge you an amount (up to a maximum of 50% of the price) to cover any administration, re-testing, re-packaging, restocking and other costs incurred by us. 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 once we confirm our agreement to end it 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 (as outlined above) for the costs we will incur as a result of your ending the contract.
7.6 How to end the contract with us (including if you have changed your mind): To end the contract with us, please let us know by calling us on 0207 043 2275, email us at enquiries@coolyoudirect.co.uk or writing to us at Floors 7 & 8, 24 King William Street, London EC4R 9AT. Please provide your name, home address, details of the order (including the Order/Quote number and address for installation), and, where available, your phone number and email address.
7.7 Returning products after ending the contract: If you end the contract in accordance with the above after products have been dispatched to you or you have received them, you must either return them to us in a new and undamaged condition in the original packaging (that is, the packaging in which the product was supplied) or allow us to collect them from you. Please call us on 0207 043 2275or email us at enquiries@coolyoudirect.co.uk to arrange collection. If you are exercising your right to change your mind you must allow us to collect the products within fourteen (14) days of telling us you wish to end the contract. You must pay the cost of any returns or our reasonable charges for collection, as applicable.
7.8 When we will pay the costs of return: We will pay the costs of return:
7.8.1 if the products are faulty or significantly misdescribed;
7.8.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms that is significant, a significant error in pricing or description, a significant delay in delivery and installation 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
7.8.3 if you are exercising your right to change your mind pursuant to your rights under the Consumer Contracts Regulations 2013. In all other circumstances you must pay the costs of return.
7.9 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.
7.10 How we will refund you: We will refund you the amount you have paid us, up to the date of cancellation, for the products, by the method you used for payment. However, we may make deductions from the price, as described above.
8. When Your Refund Will Be Made
8.1 We will make any refunds due to you as soon as possible and, in any event, within fourteen (14) days of us receiving the product back from you (provided it is in the condition described at clause 7.7 above) or our agreement to end the contract, whichever is the later.
9. Our Rights To End The Contract
9.1 We may end the contract if you break it: We may end the contract for the supply and installation of products at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply and install the products.
9.1.3 you do not, within a reasonable time, allow us to deliver the products to you and perform installation; or
9.1.4 You become subject of a bankruptcy or winding-up petition or order.
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 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 supplying the product and will try to offer you an alternative. We will let you know at least four 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 supplied.
10. If There Is A Problem With The Product
10.1 How to tell us about problems: We pride ourselves on our excellent customer service. If you have any questions or complaints about the product or installation, please contact us. You can telephone us on 0207 043 2275 or write to us at enquiries@coolyoudirect.co.uk or Floors 7 & 8, 24 King William Street, London EC4R 9AT. We will endeavour to respond to any queries or complaints you have as soon as possible.
10.2 We warrant that from the date of completion of installation, testing and commissioning, and for a period of sixty (60) months thereafter, the Condenser and the Fan Coil (being the main components of the product) shall, if used and maintained properly:
10.2.1 conform in all material respects with their description and any applicable specification;
10.2.2 be free from material defects in design, material and workmanship;
10.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
10.2.4 be fit for any purpose held out by us.
10.3 We warrant that from the date of completion of installation, testing and commissioning of the product, and for a period of twelve (12) months thereafter, the condensate pump within the system and the pipe connections and pipework installed by us shall, if used and maintained properly:
10.3.1 conform in all material respects with their description and any applicable specification;
10.3.2 be free from material defects in design, material and workmanship;
10.3.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
10.3.4 be fit for any purpose held out by us.
10.4 Subject to clause 10.5, if:
10.4.1 you give notice in writing during the applicable warranty period (as described above) within a reasonable time of discovery that some or all of the products do not comply with the warranties set out in clause 10.2 or 10.3;
10.4.2 we are given a reasonable opportunity of examining such products; and
10.4.3 you (if asked to do so by Us) return such products to our place of business or our manufacturer’s place of business at our cost, we shall, at our option, repair or replace the defective products, or refund the price of the defective products in full.
10.5 We shall not be liable for the products’ failure to comply with the warranties set out in clauses 10.2 and 10.3 if:
10.5.1 you make any further use of such products after giving a notice in accordance with clause10.4;
10.5.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products or (if there are none) good practice;
10.5.3 the defect arises as a result of us supplying products which have been adapted to your particular requirements;
10.5.4 you alter or repair such products without written consent from us;
10.5.5 the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions;
10.5.6 the defect arises as a result of the acts or omissions of any third party contractor that is engaged by you to perform works or services at your property;
10.5.7 the defect arises as a result of blockages in waste or drainage systems;
10.5.8 you have not made payment in full for the product.
10.6 Except as provided in this clause 10, we shall have no liability to you in respect of the products’ failure to comply within the warranties set out in clauses 10.2 and 10.3.
10.7 Sub-clauses 10.4-10.6 inclusive shall apply to any repaired or replacement Products supplied by Us under clause 10.4.
11. Price And Payment
11.1 Where to find the price for the product: The price of the product will be the price given by us to you in a quotation, provided the 30 day validity period has not expired. We take all reasonable care to ensure that the price of the product (including installation services) advised to you is correct.
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 We reserve the right to increase the price quoted to you due to factors beyond our control, for example, due to currency exchange rate fluctuations, increase in taxes and duties and increases in the cost of raw metals.
11.4 When you must pay and how you must pay: We accept payment by Debit or Credit Card and through transfers into our bank account. We do not accept payment by cheque or in cash. We will notify you of our bank account details upon confirmation of your order, along with confirmation of the exact price you must pay. Payments must be made as set out below:
11.4.1 we require payment as set out in the following table (except in circumstances a different payment programme is set out in our quotation to you).
Time of payment | Percentage of total price required
Upon placing your order: 50%
Prior to start of installation: 30%
Within 7 days of completion: 20%
11.4.2 Notwithstanding the payment schedule set out above, if completion of installation is delayed by a period in excess of eight (8) weeks from the date that we commenced installation and such delay has not arisen as a result of failings or delays by us, we reserve the right (at our discretion) to require payment of the total balance of the price outstanding and payment of such amount must be made by you within seven (7) days of the date of our invoice.
11.5 We can charge interest if you pay late: 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.
11.6 What to do if you think an invoice is wrong: If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. 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. Our total liability to you shall in no circumstances exceed five times the price you paid for the product.
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 rights under the supply of goods and services legislation and for defective products under the Consumer Protection Act 1987.
12.3 When we are liable for damage to your property. 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.
12.4 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. How We May Use Your Personal Information
13.1 How we will use your personal information: We will use the personal information you provide to us (including your name, address, email address and telephone number and your personal information which we obtain from you via social media (via our digital media service provider)) for the following purposes:
13.1.1 to supply the products and/or services to you and contact you regarding the same as this will be necessary to fulfil our contract with you;
13.1.2 to process your payment for the products and/or services in accordance with our legitimate interest to obtain payment before fulfilling our contract with you;
13.1.3 if you agreed to this during the order process, to give you information about similar products and services that we provide in accordance with our legitimate interest in providing products and services that meet the requirements of our existing and prospective customers. You may stop receiving this at any time by contacting us; and
13.1.4 for us to take legal or administrative action, including to collect debts, resolve disputes with you, and to deal with regulators in accordance with our legitimate interest in enforcing our contract with you, in resolving any disputes with you, in dealing with regulators and as necessary for us to establish, exercise or defend legal claims.
13.2 Sharing your personal information. We will share your personal information with:
13.2.1 those of our employees and contractors who need to know it for the purposes of fulfilling our contract with you;
13.2.2 if you agreed to this during the order process, our digital media and marketing service providers to enable them to stay in touch with you, build a profile about you and provide you with details of products and/or services on our behalf; and
13.2.3 other third parties if we have lawful grounds to do so, or are under a legal obligation to disclose or share it with them, or in order to establish, exercise or defend our legal rights, or to protect the rights, property, or safety of Cool You or its employees or subcontractors.
13.3 Where we store your personal information: We store all of your personal information within the EU and will not transfer it outside of the EU without your prior consent. Occasionally our digital media and marketing service providers may use platforms based in the USA, please see our privacy notice on our website for further details coolyoudirect.co.uk;
13.4 Your rights under data protection laws in the UK: You may (as more particularly described in our privacy notice which can be found at coolyoudirect.co.uk):
13.4.1 request access to or rectification or deletion of your personal information in certain circumstances;
13.4.2 object to or restrict our processing of your personal information in certain circumstances;
13.4.3 ask us to stop processing your personal information for marketing purposes; and
13.4.4 complain to the Information Commissioner if you have any concerns about our handling of your personal information.
13.5 Retaining your personal information: We will hold your personal information until, in accordance with your rights, you ask us to stop processing your personal information after our contract with you has expired.
14. 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 contact you to let you know if we plan to do this.
14.2 You need our consent to transfer your rights to someone else: 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 the unexpired portion of our warranty at clause 10 to a person who has acquired the property in which we have installed the product(s). We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant property.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee 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 guarantee. 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/service, we can still require you to make the payment at a later date.
14.6 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.
15. If You’re Buying From Us In A Business Capacity Rather Than For Your Own Personal Use (For Example, As A Contractor or Developer)
15.1 References in these terms and conditions to “your property” are references to the property which you have asked us to supply to.
15.2 Clauses 7.1.3, 7.3, 7.4 and 7.5.1 are deleted. Similarly, the reference to “including if you have changed your mind” at 7.6 is deleted.
15.3 Clause 7.8.3 is deleted.
15.4 Clause 9.1.4 is deleted and replaced with:
“You become subject to bankruptcy, winding-up petition or order or any other insolvency event or if you cease or threaten to cease to carry on business.”
15.45 Clause 12.3 is deleted and replaced with the following:
“When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so subject to a limit on our liability of an amount equal to the amount you have paid us. We shall not have any responsibility or liability for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.”
15.6 Clause 12.4 is deleted and replaced with the following:
“Notwithstanding the foregoing clauses in this clause 12 (but subject to clause 12.2), we shall not have any liability to you (whether in contract, tort (including negligence) breach of statutory duty or otherwise for any loss of profit, loss of business, increased costs or for any other consequential or indirect losses or damages.”
16. And Finally… If You’re Buying Just The Product And We Are Not Doing The Installation
16.1 We also supply packaged “through the wall” air conditioning systems, which simply require installation by your builder, plumber or electrician. These are further described in our brochures and on our website (coolyou.co.uk). If that is what you have bought then please note the following. The above terms and conditions will also apply to the contract between us, with necessary modification in interpretation for “supply only”, and the following special terms and conditions will also apply.
16.2 Payment and Dispatch: On receipt of full payment from you in cleared funds, provided we have your required products in stock, we will dispatch these to you promptly and delivery will usually take between two and five business days. If we do not have your required products in stock, we will order these from our manufacturer and dispatch them to you promptly upon our receipt of the same.
16.3 Delivery: We require that an adult is to be present at the property to take delivery when the product arrives. If no one, (or no adult), is available at your address to take delivery of the products or you refuse to accept delivery, (without good reason for this), we will contact you for further instructions and may charge you for re-delivery, storage costs and any other costs we incur. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 9 will apply.
16.4 Liability for damage: We will not be liable for any damage when your product is installed by a third-party installer except for any manufacturing defect during the product’s specified warranty period and subject always to clause 10.5.
