HDM Solar B2B Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms & Conditions prior to purchase, to make sure that you understand all that they entail. If you are not sure about anything, please phone us on 0800 0016 802.
1. Application
1.1 These Terms and Conditions will apply to the purchase of the Goods by you the Buyer. We are HDM Solar (Wholesale) Ltd, a company registered in England and Wales under number 1480 1658, whose registered office is at 40 Kingfisher Way, Dinnington, Sheffield S25 3AF with email address admin@hdmsolar.co.uk; telephone number 0800 0016 802; (the Supplier or us or we).
These are the terms on which we sell all Goods to you. By ordering Goods from us by any means, to include, but not exhaustive; website (www.hdmsolar.co.uk), email, phone, you agree to be bound by these Terms and Conditions. You can only purchase Goods if you are eligible to enter into a contract and are at least 18 years old.
2. Definitions
- "Seller": The entity providing the goods.
- "Buyer": The entity purchasing the goods.
- "Goods": means the goods that we supply to you of the number and description as set out in the Order The products being sold under these terms and conditions.
- "Contract": The agreement formed by these terms and conditions and any related documents or agreements.
- “Delivery Location”: means the Buyers premises or other location where the Goods are to be delivered, as set out in the Order;
- “Durable Medium”: means paper or email, or any other medium that allows information to be addressed personally to the recipient (e.g. our Chat feature), enables the recipient to store the information in a way accessible for future reference, for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- “Order”: means the Buyers order for the Goods from the Supplier;
- “Privacy Policy”: means the terms which set out how we will deal with confidential and personal information;
- “Website”: means our website www.hdmsolar.co.uk on which the Goods are advertised.
3. Formation of Contract
3.2 The Seller's acceptance of any order is contingent upon these terms and conditions, and any additional or different terms proposed by the Buyer are deemed to be rejected unless explicitly agreed to in writing by the Seller.
4.2 In the case of any Goods made to your special requirements (e.g. Complete Solar Systems), it is your responsibility to ensure that any information or specification you provide is accurate.
4.3 All Goods which appear on the Website are subject to availability and variable lead times.
4.4 We can make necessary changes to the Goods at any time, to comply with any applicable law or safety requirement. We will notify you of these changes.
4.5 When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
4.6 We retain and use all information strictly under the Privacy Policy. This Privacy Policy is available on our website (www.hdmsolar.co.uk), you can also request a copy by emailing admin@hdmsolar.co.uk.
4.7 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
5.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order, HDM Solar are not responsible for any incorrect orders placed on your behalf. It is your responsibility to check that you have used the ordering process correctly.
5.3 A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information included in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
5.4 Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time. The issuing of a quotation does not mean that the stock is on hold. We cannot hold stock without first receiving payment.
5.5 No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
5.6 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Buyer.
6.2 Prices and charges include VAT at the rate applicable at the time of the Order.
6.3 In the absence of a credit account, you must pay by submitting your credit or debit card details with your Order, via our Online Store, telephone or bank transfer, and we can take payment immediately or otherwise before delivery of the Goods.
6.4 We may at our discretion grant a credit account facility. You must ensure your account remains within the terms of the account, not limited to credit limit and payment terms. Despatch of goods may be delayed in the event the account is not maintained within the terms.
6.5 We retain the right to withdraw or amend credit terms at any time.
6.6 We may at our discretion assign the debt to a third party.
6.7 We reserve the right to refer accounts in default of the credit terms to our appointed insurer or credit reference agencies, which may be recorded on your credit file and affect your ability to obtain credit.
7.2 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
7.4 Subject to the balance on the account being clear, you may request in writing any overpayment to be returned and we will endeavour to do so promptly.
7.5 If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods, or rejecting Goods that have been delivered and, if you do this, we will revert to the process outlined in 7.3 and 7.4 above for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
7.6 If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
7.7 We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you will need to pay import duties or other taxes, as we will not pay them.
7.8 You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions.
7.9 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
7.10 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
7.11 Should you need to return an item, you may request a return within 7 days of receipt. Goods must be returned in the original, new and re-saleable condition. Returns will be subject to a restocking fee of 30%.
8.2 You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
9.2 Your right to cancel or withdraw from the contract does not apply to:
B. Goods that are liable to deteriorate or expire rapidly;
C. Goods that are specially ordered on your behalf
10.2 The cancellation period will expire after 7 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e., subscriptions), the right to cancel will be 7 days after the first delivery.
10.3 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
10.4 You can also electronically fill in and submit the model cancellation form or any other clear statement of the decision to cancel the Contract on our website www.hdmsolar.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
10.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Any cancellation requests received after the cancellation deadline will not be considered.
11.2 Offset of account. We may at our discretion offset any and all sums owing or expected to be owed to HDM under any contract at any time. In this event only the net amount payable by HDM will be remitted as a refund or retained as credit on your account. You agree this is reasonable and accept this material term.
13.3 Should a refund be required, this will be processed using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
15.2 Upon delivery, the Goods will:
2. be reasonably fit for the particular purpose held out by us or set out in the Contract; and
3. conform to their description.
2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
18.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy, both of which can be found on our website (www.hdmsolar.co.uk), or you can request a copy by emailing admin@hdmsolar.co.uk.
18.3 For the purposes of these Terms and Conditions:
18.4 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
18.5 'GDPR' means the UK General Data Protection Regulation.
18.6 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
18.7 We are a Data Controller of the Personal Data we Process in providing Goods to you.
18.8 Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
18.9 Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
2. we will respect your rights in relation to your Personal Data; and
3. we will implement technical and organisational measures to ensure your Personal Data is secure.
(ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.
(ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Buyer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
20.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
20.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs Buyers should contact us to find a solution. We will aim to respond with an appropriate solution within 10 working days. Our Complaints Policy is available to download from our website: www.hdmsolar.co.uk or you can request a copy by emailing admin@hdmsolar.co.uk.