Terms & Conditions
Manissa Limited trading as Heat & Things ("us", "we", or "our") operates this website (the “Service”, “our website”). Manissa Limited is registered in England and Wales, company registration number 5446423, registered office: Suite 2B, North Sands Business Centre, Liberty Way, Sunderland, SR6 0QA, UK. VAT Registration Number GB859607969.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using our website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service and/or placing an order, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
SECTION 1 - PURCHASES
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Purchase including but not limited to Visa, Mastercard, Maestro, American Express and PayPal; and that (ii) the information you supply to us is true, correct and complete; (iii) you are over the age of 18. You expressly agree that Manissa Limited is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. Payments processed by our Service are handled by selected third parties depending on the method of payment you select. Payments made by credit or debit card, including but not limited to Visa, Mastercard, Maestro and American Express are handled securely by SagePay on behalf of Manissa Limited. SagePay’s Service uses Secure Socket Layer (SSL) technology to secure your personal information and is governed by SagePay’s own Terms & Conditions. Payments made using PayPal are handled securely by PayPal on behalf of Manissa Limited. PayPal’s service uses Secure Socket Layer (SSL) technology to secure your personal information and is governed by PayPal’s own Terms & Conditions.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Manissa Limited cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
1.1 - CANCELLATION
Under the Consumer Protection (Distance Selling) Regulations 2000, you are entitled to cancel this contract if you so wish, provided that you exercise your right and notify us no longer than 7 working days following the day on which you receive the Products. If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and delivery charge provided that you have notified us in writing no longer than 7 working days after the day on which you receive the Products, and that you have taken care of the Products and not used or installed them. Please see and follow our separately available Returns information.
1.2 – DAMAGES
If you receive an item which has been damaged in transit, you must report this to us within 24 hours of delivery. Send an email to firstname.lastname@example.org including:
- Your details
- Your order number or invoice number
- A description of the damage
- Photo(s) of the damage to the item and packaging
Please retain the damaged item(s) and all associated packaging until we instruct you further. We will arrange for replacement items to be sent and advise you if we need the original damaged product(s) to be returned.
1.3 – DELIVERY
We primarily deliver to addresses within the United Kingdom and Europe. When you reach our Checkout pages you will be presented with a delivery cost based on your delivery address. If no delivery cost is displayed, we will obtain a delivery quote where possible. If the delivery cost quoted by our Website is incorrect, we will notify you within 2 working days and provide a quote, if you do not wish to accept this corrected quote your order will be deemed cancelled.
Not all delivery services are available to all localities and countries, and our Website will endeavour to select the most appropriate option based on the delivery address you provide during the Checkout process. Where possible, you will be presented with multiple delivery options, which may differ in service speed, tracking ability and price.
We aim despatch your order within 2 working days of receiving it. If the item you ordered is out of stock you will be notified within 2 working days of making your order and we will either arrange a refund or alternative delivery date. If you have not received your order within 7 days of ordering it, please inform us by email at email@example.com. Please note that if you order more than one product they may be despatched separately and arrive with you at different times.
Sorry, but we aren’t able to deliver to BFPO or PO Box addresses. For orders outside of the European Union, there may be a customs and/or tax charges upon entry to the country. Additional charges for customs clearance and taxes must be borne by the recipient.
Please see our separately available Delivery page for more information about our delivery services and options.
SECTION 2 – AVAILABILITY, ERRORS AND INACCURACIES
We are continually updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, inaccurately described, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any offer of a product or service does not constitute a legal offer or contract capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
SECTION 3 – CONTESTS AND PROMOTIONS
SECTION 4 – LINKS TO AND FROM OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or operated by Us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Manissa Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way that suggests any form of Association, Approval or Endorsement on our part where none exists. You must not establish a link from any website that is now owned by you. We reserve the right to withdraw this permission to link to our site without notice.
SECTION 5 – TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach our Terms.
Upon termination, your right to use the Service will immediately end.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SECTION 6 – INDEMNIFICATION
You agree to defend, indemnify and hold harmless Manissa Limited and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
SECTION 7 – LIMITATION OF LIABILITY
In no event shall Manissa Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
SECTION 8 – DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Manissa Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
SECTION 9 – EXCLUSIONS
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will we ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Manissa Limited or any person for whom we are responsible, and even if we have been advised of the possibility of such loss or damage being incurred.
SECTION 10 – PROHIBITIONS
You must not misuse this Service. You will not commit or encourage a criminal offence, transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, hack into any aspect of the Service, corrupt data, cause annoyance to other users, infringe upon the rights of any other person’s proprietary rights, send any unsolicited advertising or promotional material (commonly referred to as “spam”), or attempt to affect the performance or functionality of any computer facilities accessed through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Manissa Limited will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Service or to your downloading of any material posted on it, or on any website linked to it.
SECTION 11 – GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Manissa Limited’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
SECTION 12 – CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material change we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
SECTION 14 – CONTACT US
If you have any questions about these Terms, you can contact us in writing at Heat & Things, Unit 5 Northfield Way, Aycliffe Business Park, Newton Aycliffe, DL5 6EJ, United Kingdom, contact us by telephone on +44(0)1325 321236 or send an email to firstname.lastname@example.org.
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