This page (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products (the “Products”) listed on our website www.ECO-heater.com (the “Site”) to you. Please read these terms and conditions carefully before ordering any Products from the Site.
These terms and conditions do not affect any of your statutory rights. However, it is important that you should understand that by ordering any of our Products from the Site you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.ECO-heater.com is a site owned by ECO-heater, Inc. a U.S. company.
2. ACCESS TO THE SITE
3. YOUR STATUS
By placing an order through the Site you warrant that:
a. You are legally capable of entering into binding contracts and
b. You are at least 18 years of age
4. HOW THE CONTRACT IS FORMED BETWEEN US
A legally binding contract will be formed between us when
a. you have confirmed to us that you wish to proceed with the purchase of one or more Products, and
b. we have confirmed to you that we will sell the Product(s) to you and
c. we have received payment of the price and any additional monies. When your order has been completed you will receive confirmation of the Product(s) ordered, the price paid, and your allocated order number. If you wish to amend any part of your order once it has been accepted and payment has been made then you will need to contact us by one of the following methods:
1. Email: email@example.com
2. Telephone: 321-474-3399 or 973- 214-5467
We may decline to sell any product to you for any reason. We are not obliged to tell you the reason for our decision.
5. PRICING AND AVAILABILITY
As we proceed with your order you will receive a prompt from us if the Product you wish to order is no longer available. Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you a confirmation of order. Prices are exclusive of taxes and delivery.
ECO-heater.com use PayPal or other credit card processors to provide the highest level of security for payments processed through this store. PayPal ensures your security by encrypting the connection when transmitting banking information on the network, and by safeguarding your financial data throughout the ordering and payment process.
Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the check-out process.
Orders from the ECO-heater.com online store may be paid using any payment method accepted by PayPal. Your credit card data is only sent securely to PayPal and is not seen by ECO-heater. For details of PayPal security see www.paypal.com/security.
Please see our Shipping policies
8. CANCELLATION AND RETURN
Please see our Returns policies
9. ELECTRONIC COMMUNICATION
When you visit the Site or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the Site. For contractual purpose you agree to this means of electronic communication and you acknowledge that all contracts, notices, information and other communications provided to you electronically comply with any legal requirement that such communications should be in writing. This condition does not affect your statutory rights.
10. OUR LIABILITY
We warrant to you that any Product(s) purchased from us through the Site is of satisfactory quality. Our liability in connection with any Product(s) purchased through our Site is strictly limited to the purchase price of the Product(s). This does not include or limit in any way our liability for:
a. Death or injury caused by our negligence
b. Under section 2(3) of the Consumer Protection Act 1987
c. Fraud or misrepresentation
d. Any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept NO liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or consequential damage of any kind however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable. Details of warranty periods and after sales service can be found in the appropriate User Instruction Manual for the Product(s) purchased.
All notices given by you to us must be given to us in writing by email or at the address detailed in paragraph 4 above. We may give notice to you at either the email or postal address you provided to us when placing an order, or in any of the ways specified in paragraph 4. Notices will be deemed received and properly served immediately when posted on the site, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the mail and, in the case of email, that such email was sent to the specified email address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights and obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether war declared or not) or threat or preparation foe war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
d. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport
e. Impossibility of the use of public or private telecommunication networks
1. The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHTS TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time. You will be subject to policies and terms and conditions in force at the time that you order Product(s) from us, unless any changes to those policies or these terms and conditions is require to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).
18. LAW AND JURISDICTION
Contracts for the purchase of Product(s) through the site will be governed by US law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of the United States of America.