Terms & Conditions

Terms

Forward
Terms and conditions are necessary to set customers expectations and create certainty as to the agreement. They help to provide good customer service and also help to comply with the law. There are legal and service differences between Business (Trade) and Consumer (Retail), therefore please select the appropriate link: Consumer (Retail) or Business (Trade)

Terms & Conditions - Business Customer.

Contents
Accounts
Availability of the Website
Background
Business Customers
Changes to the Service and these Terms and Conditions
Definitions and Interpretation
Delivery
Disclaimers
Fair Use of Intellectual Property
Goods, Pricing and Availability
Intellectual Property
International Business Customers
Law and Jurisdiction
Links to Other Website
Links to this Website
Limitation of Liability
No Waiver
Notices
Payment
Previous Terms and Conditions
Privacy
Property, Risk and Account of Profits
Returns Policy
Termination of Accounts and Cancellation of Orders
Third Party Intellectual Property
Third Party Rights
Use of Communications Facilities
Terms & Conditions Forward

Background.
This agreement applies as between you, the User of this Website or Purchaser and Clipper Enterprises Limited trading as Spirotech Direct, the owner(s) of this Website.
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website.
If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
Top

1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” - means collectively the personal information, payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
“Carrier” - means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” - means any products that Spirotech Direct advertises and/or makes available for sale through this Website;
“Spirotech Direct” - means Clipper Enterprises Limited trading as Spirotech Direct Unit 8, The Centurion Centre, Castlegate Business Park, Old Sarum, Salisbury, SP4 6QX;
“Service” - means collectively any online facilities, tools, services or information that Spirotech Direct makes available through the Website either now or in the future;
“Payment Information” - means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchaser” - means any person or business that buys Goods from Spirotech Direct from this Website;
“Purchase Information” - means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” - Means our place(s) of business located at Unit 8, The Centurion Centre, Castlegate Business Park, Old Sarum, Salisbury, SP4 6QX;
“System” - means any online communications infrastructure that Spirotech Direct makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” - Means any third party that accesses the Website and is not employed by Spirotech Direct and acting in the course of their employment; “Website” - Means the website that you are currently using (spirotechdirect.co.uk) and any sub-domains of this site (e.g. subdomain.spirotechdirect.co.uk/contact/) unless expressly excluded by their own terms and conditions.
Top

2. Business Customers
These Terms and Conditions apply to business customers only. Retail customers should refer to consumer terms and conditions Consumers.
Top

3. International Business Customers
If Goods are being ordered from outside Spirotech Direct’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Spirotech Direct is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Spirotech Direct gives no guarantee that the packaging of the Goods will be free of signs of tampering.
Top

4. Intellectual Property
4.1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Spirotech Direct, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Spirotech Direct.
Top

5. Third Party Intellectual Property
5.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Top

6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Top

7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Spirotech Direct or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Top

8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site spirotechdirect.co.uk/default.aspx without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Spirotech Direct. To find out more please contact us by email at enquiries@spirotechdirect.co.uk.
Top

9. Use of Communications Facilities
9.1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1. Obscene or vulgar language must not be used;
9.1.2. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3. Content that is intended to promote or incite violence must not be submitted;
9.1.4. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5. The means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
9.1.6. Users must not impersonate other people, particularly employees and representatives of Spirotech Direct or our affiliates; and
9.1.7. Our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
9.2. You acknowledge that Spirotech Direct reserves the right to monitor any and all communications made to us or using our System.
9.3. You acknowledge that Spirotech Direct may retain copies of any and all communications made to us or using our System.
9.4. You acknowledge that any information you send to us through our System or post on the forums or chat may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
Top

10. Accounts
10.1. In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
10.1.1. all information you submit is accurate and truthful;
10.1.2. if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
10.1.3. you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
10.2. It is recommended that you do not share your Account details, particularly your username and password. Spirotech Direct accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Spirotech Direct immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Spirotech Direct accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
10.4. When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
Top

11. Account Termination and Order Cancellation
11.1. Either Spirotech Direct or a User may terminate an Account. If Spirotech Direct terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2. If Spirotech Direct terminates an Account, any current or pending purchases on your Account will be cancelled and will be dispatched.
11.3. Spirotech Direct reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
11.4. If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
11.5. If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
11.6. After 12 months of purchasing inactivity website accounts will be terminated.
11.7. Because of the logistics involved, orders consisting of pallet(s) (boilers, cylinders, solar tubes etc.) require 24 hours cancellation notice prior to the day of despatch. (normally 48 hours prior to delivery). e.g. a Monday delivery will require notice to cancel on Thursday previous.
11.7.1. A charge of 25% net of order value shall be made for orders cancelled after despatch from the warehouse. This is a third party charge for carriage and restocking, and is non-negotiable.

Top

12. Payment
12.1. Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Spirotech Direct.
12.2. Interest may be charged on a daily basis, commercial interest at 2% above the base rate of the Bank of England obtaining at the time.
Top

13. Goods, Pricing and Availability
13.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Spirotech Direct correspond to the actual Goods, Spirotech Direct is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
13.2. Where appropriate, you will be required to select the required number and other features of the Goods that you are purchasing.
13.3. Spirotech Direct does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the web site.
13.4. All pricing information on the Website is correct at the time of going online. Spirotech Direct reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5. In the event that prices are changed during the period between an order being placed for Goods and Spirotech Direct processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6. All prices on the Website include VAT. Clipper Enterprises Limited’s VAT number is GB 9863 44 182.
Top

14. Property, Risk and Account of Profits
14.1. Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Spirotech Direct. Title remains with Spirotech Direct until payment is complete.
14.2. If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Spirotech Direct or forming a component part of a larger Good, and any amount of the purchase price payable to Spirotech Direct remains outstanding, the Purchaser must account to Spirotech Direct for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Spirotech Direct until payment has been received in full by Spirotech Direct.
14.3. Spirotech Direct reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Spirotech Direct has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of Spirotech Direct.
Top

15. Delivery
15.1. Spirotech Direct will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
15.2. If Spirotech Direct receives no communication from you, within 24 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Top

16. Returns Policy
Spirotech Direct aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
16.1. Electrical goods such as control boards and printed circuit boards (PCBs) which are wrapped and sealed separately must be returned unopened with seals intact as sold in the original box. (see 16.8.3 below).
16.2. If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 3 working days to arrange collection and return. Spirotech Direct is responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods, which must be in their original packaging (undamaged), with contents complete (this includes items such as screws, washers, bolts, documentation etc).
16.3. If any Goods purchased have faults when they are delivered, the Purchaser should contact Spirotech Direct immediately to arrange replacement.
16.4. If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty (normally 24 months from invoice date for spare parts). Contact Spirotech Direct to arrange or call Spirotech Ltd after sales 02084513344.
16.5. If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Spirotech Direct immediately or within 24 hours to arrange a collection. Spirotech Direct is responsible for paying return shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded, through the payment method used when the Goods were purchased, or goods replaced.
16.6. If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Spirotech Direct within 14 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and as new, and the goods can be re-sold, as new, without any additional work on the part of Spirotech Direct. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
16.6.1. A re-stocking charge of 25% of net value of goods is normally charged for returned goods. If the customer has requested Spirotech Direct to arrange collection a charge greater than 25% of net goods value may be levied to cover collection and restocking costs.
16.7. If the Purchaser wishes to return Goods to Spirotech Direct for any of the above reasons, please contact us using the details on the Contact Page to make the appropriate arrangements.
16.8. Spirotech Direct reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
16.8.1. Any use that you may have already had out of the Goods;
16.8.2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
16.8.3. The fact that the Goods are Electrical Control Boards or Printed Circuit Boards or computer software and that the packaging (security seal) has been broken; In these cases the goods cannot be accepted for re-sale and are deemed non-returnable.
16.8.4. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law. 16.9 Flues and Flue Kits are deemed as non-returnable and will not be accepted.
Top

17. Privacy
17.1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
17.2. The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to Viessmann Direct to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

17.3. If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu.
17.4. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
Top

18. Disclaimers
18.1. Spirotech Direct makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
18.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4. Whilst Spirotech Direct uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Top

19. Changes to the Service and these Terms and Conditions
Spirotech Direct reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Spirotech Direct is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
Top

20. Availability of the Website
20.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2. Spirotech Direct accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Top

21. Limitation of Liability
21.1. To the maximum extent permitted by law, Spirotech Direct accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
21.2.. Nothing in these Terms and Conditions excludes or restricts Spirotech Direct’s liability for death or personal injury resulting from any negligence or fraud on the part of Spirotech Direct.
21.3 Nothing in these Terms and Conditions excludes or restricts Spirotech mann Direct’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
21.4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Top

22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Top

23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Top

24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Spirotech Direct.
Top

25. Notices
25.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquires@spirotechdirect .co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2. Spirotech Direct may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
Top

26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Spirotech Direct shall be governed by and construed in accordance with the Law of England and Wales and Spirotech Direct and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

End.

Top

Terms & Conditions - Consumer.

Contents
Accounts
Age Restrictions
Availability of the Website
Background
Business Customers
Changes to the Service and these Terms and Conditions
Communications
Definitions and Interpretation
Delivery
Disclaimers
Fair Use of Intellectual Property
Goods, Pricing and Availability
Intellectual Property
International Customers
Law and Jurisdiction
Links to Other Website
Links to this Website
Limitation of Liability
No Waiver
Previous Terms and Conditions
Privacy
Returns Policy
Termination of Accounts and Cancellation of Orders
Third Party Intellectual Property
Third Party Rights
Use of Communications Facilities
Terms & Conditions Forward

Background.
This agreement applies as between you, the User of this Website and Clipper Enterprises Limited trading as Spirotech Direct, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
Top

1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Spirotech Direct advertises and / or makes available for sale through this Website;
“Spirotech Direct” means Clipper Enterprises Limited trading as Spirotech Direct of Unit 8, The Centurion Centre, Castlegate Business Park, Old Sarum, Salisbury, Wiltshire, SP4 6QX;
“Service” means collectively any online facilities, tools, services or information that Spirotech Direct makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at Unit 8, The Centurion Centre, Castlegate Business Park, Old Sarum, Salisbury, Wiltshire, SP4 6QX;
“System” means any online communications infrastructure that Viessmann Direct makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Spirotech Direct and acting in the course of their employment; and
“Website” means the website that you are currently using (www.spirotechdirect.co.uk) and any sub-domains of this site (e.g. subdomain.www.spirotechdirect/contact) unless expressly excluded by their own terms and conditions.
Top

2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
Top

3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business. If you are a business customer please consult our business terms and conditions located here Business Customers.
Top

4. International Customers
If Goods are being ordered from outside Spirotech Direct’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Spirotech Direct is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Spirotech Direct cannot guarantee that the packaging of your Goods will be free of signs of tampering.
Top

5. Intellectual Property
5.1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Spirotech Direct, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Spirotech Direct.
Top

6. Third Party Intellectual Property
6.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Top

7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Top

8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Spirotech Direct or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Top

9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site <> without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Spirotech Direct. To find out more please contact us by email at enquiries@spirotechdirect.co.uk.
Top

10. Use of Communications Facilities
10.1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1. You must not use obscene or vulgar language;
10.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3. You must not submit Content that is intended to promote or incite violence;
10.1.4. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.1.5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6. You must not impersonate other people, particularly employees and representatives of Spirotech Direct or our affiliates; and
10.1.7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2. You acknowledge that Spirotech Direct reserves the right to monitor any and all communications made to us or using our System.
10.3. You acknowledge that Spirotech Direct may retain copies of any and all communications made to us or using our System.
10.4. You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
Top

11. Accounts
11.1. In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1. all information you submit is accurate and truthful;
11.1.2. you have permission to submit Payment Information where permission may be required; and
11.1.3. you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2. It is recommended that you do not share your Account details, particularly your username and password. Spirotech Direct accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Spirotech Direct immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Spirotech Direct accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4. When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
Top

12. Termination and Cancellation of Accounts and Orders
12.1. Either Spirotech Direct or you may terminate your Account. If Spirotech Direct terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2. If Spirotech Direct terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
12.4. Spirotech Direct reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.5. If purchases are cancelled by Spirotech Direct for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.6. Because of the logistics involved, orders consisting of pallet(s) (boilers, cylinders, solar tubes etc.) require 24 hours cancellation notice prior to the day of despatch. (normally 48 hours prior to delivery). e.g. a Monday delivery will require notice to cancel on Thursday previous.
12.6.1. A charge of 25% net of order value shall be made for orders cancelled after despatch from the warehouse. This is a third party charge for carriage and restocking, and is non-negotiable.

Top

13. Goods, Pricing and Availability
13.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Spirotech Direct correspond to the actual Goods, Spirotech Direct is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2. Where appropriate, you may be required to select the required number and features of the Goods that you are purchasing.
13.3. Spirotech Direct does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the web site.
13.4. All pricing information on the Website is correct at the time of going online. Spirotech Direct reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5. In the event that prices are changed during the period between an order being placed for Goods and Spirotech Direct processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6. All prices on the Website do include VAT. Spirotech Direct’s VAT number is GB 9863 44 182.
Top

14. Delivery
14.1. Spirotech Direct will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2. If Spirotech Direct receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Top

15. Returns Policy
Spirotech Direct aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 days to arrange collection and return. Spirotech Direct is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2. If any Goods you have purchased have faults when they are delivered to you, you should contact Spirotech Direct immediately to arrange a replacement. The faulty item must be retained until it is decided if the item should be returned for examination.
15.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty (normally 24 months from invoice date for spare parts). Contact Spirotech Direct to arrange or call Spirotech Ltd after sales 01952 675000.
15.4. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Spirotech Direct immediately and arrange collection and return. Spirotech Direct is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.5. You have a statutory right to a “cooling off” period. This period begins once your order is delivered and ends 7 days after that date. If you change your mind about the goods within this period, please return them to Spirotech Direct within 14 days of receipt.
15.6. If you wish to return Goods to Spirotech Direct for any of the above reasons, please contact us using the details on the contact page to make the appropriate arrangements.
15.7. Spirotech Direct reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.7.1. Goods must be returned in their original complete condition with all packaging and documentation.
15.7.2. Any use that you may have already had out of the Goods;
15.7.3. characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.7.4. The fact that the Goods consist of control or printed circuit boards or computer software and that the packaging has been opened, in this case if the seal is broken or anti-static bag opened the item is deemed non-returnable.
15.7.5. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
15.8 Flues and Flue Kits are deemed as non-returnable and will not be accepted.
Top

16. Privacy
16.1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
Top

17. Disclaimers
17.1. Spirotech Direct makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4. Whilst Spirotech Direct uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Top

18. Changes to the Service and these Terms and Conditions
Spirotech Direct reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Spirotech Direct is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Top

19. Availability of the Website
19.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2. Spirotech Direct accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Top

20. Limitation of Liability
20.1. To the maximum extent permitted by law, Spirotech Direct accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2. Nothing in these Terms and Conditions excludes or restricts Spirotech Direct’s liability for death or personal injury resulting from any negligence or fraud on the part of Spirotech Direct.
20.3. Nothing in these Terms and Conditions excludes or restricts Spirotech Direct’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Top

21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Top

22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Top

23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Spirotech Direct.
Top

24. Communications
24.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Spirotech Direct. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2. Spirotech Direct may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link in the email.
Top

25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Spirotech Direct shall be governed by and construed in accordance with the Law of England and Wales and Spirotech Direct and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

End.

Top