1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply our products to you.

1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

 2.1. Who we are. We are RM Brands Ltd a company registered  in England and Wales. Our company registration number is 12780465 and our registered office is 121c Hagden Lane, Watford, England, WD18 7SR.

2.2. How to contact us. You can contact us by telephoning our customer service team on 07818 136 932 or by writing to us at office@thermbrnads.co.uk

2.3. 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.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

  1. ORDER PROCESS AND OUR CONTRACT WITH YOU

3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK. There may also be some UK addresses we are unable to deliver the product to. If this is the case we will inform you of this and will not charge you for the product.

 

  1. OUR PRODUCTS

4.1. Products may vary slightly from their pictures. The images of the products on our website  are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3. Product descriptions, website content and blog content does not constitute medical advice. The content on any part of this website, including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice.  You should seek your own medical advice before ordering any of our products. Reliance on any information provided on this website is solely at your own risk. 

 

  1. MAKING CHANGES TO YOUR ORDER

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

 

  1. OUR RIGHTS TO MAKE CHANGES

6.1. Minor changes to the services. We may make changes to the product to reflect changes in relevant laws and regulatory requirements.

6.2. More significant changes to the products. In addition, as we informed you in the description of the product on our website, we may make more major changes to the products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

  1. DELIVERING THE PRODUCTS

7.1. Delivery costs. The costs of delivery will be as displayed to you on our website at the time you place your order. .

7.2. When we will deliver the product. During the order process we will let you know when we will provide the products to you depending on the delivery option you have chosen.

7.3. We are not responsible for delays outside our control. If our supply of the products 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 products you have paid for but not received.

7.4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox we will leave you a note informing you of how to rearrange delivery. You will be required to pay an additional re-delivery charge in this instance.

7.5. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Clause 10.2 will apply.

7.6. When you become responsible for the product. Products will be your responsibility from the time we deliver the product to the address you gave to us.

7.7. When you own the product. You own the product once we have received payment in full.

7.8. Reasons we may suspend the supply of the product to you. We may have to suspend the supply of the product to:

 a) update the product to reflect changes in relevant laws and regulatory requirements;

b) make changes to the product as requested by you or notified by us to you (see Clause).

7.9 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 4 weeks, and we will refund any sums you have paid in advance for the product after you end the contract.

7.10. We may also suspend supply of the product if you do not pay. If you do not pay us for the product when you are supposed to (see Clause 12.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the product until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the product. As well as suspending the product we can also charge you interest on your overdue payments (see Clause 12.4).

 

  1. YOUR RIGHTS TO END THE CONTRACT

8.1. You can always 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:

a) If what 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 to get some or all of your money back), seeClause 11;

b) If you want to end the contract because of something we have done or have told you we are going to do, seeClause 8.2;

c) If you have just changed your mind about the product, seeClause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.

8.2. 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 (a) to (e) below the contract will end immediately and we will refund you in full for any product which have not been provided and you may also be entitled to compensation. The reasons are:

a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);

b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or

d) you have a legal right to end the contract because of something we have done wrong.

8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought over the telephone, by exchange of emails, or online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of products:

a) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

b) products that you have used.

8.5. How long do I have to change my mind? You have 14 days after the day you receive the products.

8.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

a) Phone or email. Call customer services on 07818 136 932 or email to us at office@thermbrands.co.uk. Please provide details of what you bought, when you ordered or received it and your name and address.

b) Online. Complete the Cancellation Form on our website.

c) By post. Complete the form  and post it to us at the address on the form. Or simply write to us at 121c Hagden Lane, Watford, England, WD18 7SR including details of what you bought, when you ordered or received it and your name and address.

9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, send them back to us at PO Box 2576, Watford, WD18. Please call customer services on 07818 136 932 or email to us at office@thermbrands.co.uk for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3. When we will pay the costs of return. We will pay the costs of return:

 a) if the product is faulty or mis-described; or

b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

 

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4. How we will refund you. We will refund you the price you paid for the product including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

a) your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

  1. OUR RIGHTS TO END THE CONTRACT

10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

b) you do not, within a reasonable time, allow us to deliver the products to you; or

c) If, after a failed delivery to you, we are unable to contact you or re-arrange delivery.

10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for the product we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

  1. IF THERE IS A PROBLEM WITH YOUR PRODUCT

11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team 07818 136 932 or email to us at office@thermbrands.co.uk. 

11.2. Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

 

 

Summary of your key legal rights

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

 

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

 

a)       Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b)       Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c)       Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 

See also Clause 8.3.

 

If you are receiving installation services, the Consumer Rights Act 2015 says:

 

a)       You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b)       If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c)       If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

 

See also Clause 8.3.

 

 

 

  1. PRICE AND PAYMENT

12.1. Where to find the price for the products. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

12.2. 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.

12.3. When you must pay and how you must pay. We accept payment by all major credit and debit cards. You must pay for the products at the time of your order.

12.4. 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 Bank of England 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.

 

  1. OUR RESPONSIBLILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1. 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.

13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product (as summarised at Clause 11.2); and for defective products under the Consumer Protection Act 1987.

13.3. We are not liable for business losses. We only supply the products for personal use. If you use the product for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1. How we will use your personal information. We will only use the personal information as set out in our Privacy Policy.

 

  1. OTHER IMPORTANT TERMS

15.1. 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. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2. 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.

15.3. 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 15.2 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.

15.4. 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.

15.5. 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, we can still require you to make the payment at a later date.

15.6. 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.