Please read the following important Terms carefully, and check that you agree with them, before ordering any goods from us.
Each order you place in our website will be governed by these Terms. By placing an order with us, you confirm that you agree to these Terms, and to enter into a legally binding agreement with us. If you do not agree to these Terms, do not place an order with us.
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About Advanced Radiators
Advanced Radiators is one of the largest independent engine cooling and climate control specialists in the UK. We sell brand new aftermarket car radiators, commercial radiators, heaters, intercoolers, air conditioning parts, cooling fans and oil coolers, as well as providing associated services.
1. WHO WE ARE AND HOW TO CONTACT US
1.1 Who we are. When we say we, us or our, we mean Advanced Radiators Limited, a company registered in England and Wales under company number 01642374. We operate the adrad.co.uk website and subdomains (Website). Our registered office is at Spire Road, Washington, Tyne & Wear, England, NE37 3ES.
1.2 How to contact us. If you wish to contact us for any reason, including because you have any complaints, you think the goods are faulty or misdescribed or wish to end your contract with us, you can contact us:
(a) by email at firstname.lastname@example.org; or
(b) post to the address set out in clause 1.1 above.
1.3 How we may contact you. If we have to contact you, we will do so by email, text, or post, using the contact details you have provided to us.
2. BUSINESS CUSTOMERS AND CONSUMERS
2.1 How to identify terms that apply to you. In some areas you will have different rights under these Terms depending on whether you are a business or consumer. Provisions:
(a) specific to consumers only are introduced by the following box:
2.2 Goods. In these Terms, when we refer to: “goods”, we mean any goods supplied by us.
2.3 Are you a business customer or a consumer? You are a consumer if you are an individual, and you are purchasing goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession); otherwise you are a business customer
2.4 This is our entire agreement with you.
If you are a business customer, these Terms constitute the entire agreement between us in relation to your purchase of goods. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
3. ABOUT THESE TERMS
3.1 What these Terms cover. These are the terms and conditions (Terms), on which we will supply goods to you.
3.2 Why you should read these Terms. Please read these terms carefully before you submit your order to us. These Terms set out your legal rights and responsibilities, our legal rights and responsibilities, how we will provide goods 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. Please read these Terms carefully and make sure you understand them before ordering any goods from us on our Website. We will ask you to agree to these Terms before you place an order with us. You should retain a copy of these Terms for future reference.
3.3 Language of these Terms. These Terms are only available in English. No other languages will apply.
3.4 Changes to these Terms. We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our goods. Any such changes will not affect any goods which you have already ordered from us, but will form the future basis on which we will supply goods to you.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures.
The images of the goods on the Website are for illustrative purposes only. Although we have made every effort to display the images accurately, your goods may vary slightly from those images.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the goods to measurements you have given us, you are responsible for ensuring that these measurements are correct.
4.4 Your rights to make changes. If you wish to make a change to goods 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 goods, 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 9 (Your rights to cancel goods and end the contract)).
4.5 Our rights to make minor changes. We may make changes to these terms or the goods to reflect changes in relevant laws and regulatory requirements. 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 goods paid for but not received.
5.1 How we will accept your order. Our acceptance of your order will take place when we email you to confirm our acceptance of it, at which point (but not before) a contract will come into existence between you and us.
5.2 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 goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods, or because we are unable to meet a delivery deadline you have specified.
5.3 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.
5.4 Delivery costs. The costs of delivery will be as displayed to you on the Website.
5.5 When we will provide the goods. Your goods will be delivered to you by our delivery partner in accordance with the delivery option which you selected during the checkout process.
5.6 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 8am – 5:30pm on weekdays (excluding public holidays) and 8:30am – 12pm on Saturdays.
5.7 If you are not at the agreed delivery location when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot of our chosen delivery partner.
5.8 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and our delivery partner 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 or collection we may end the contract and clause 11.2 will apply.
6. LATE DELIVERY
6.1 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
a) we have refused to deliver the goods;
b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c) you told us before we accepted your order that delivery within the delivery deadline was essential, and we confirmed in writing that we accepted the relevant order on this basis (and agreed to the associated delivery deadline).
6.2 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away due to our late delivery of goods, or do not have the right to do so under clause 6.1, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.3 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.1, you can cancel your order for any goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods (if applicable) and their delivery. If the goods are goods and they have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call 0191 267 3312 or email us at email@example.com for a return label or to arrange collection.
6.4 When you become responsible for the goods. Goods will be your responsibility from the time we deliver them to the address you gave us, or you collect them from us.
6.5 When you own goods. You own goods supplied by us once we have received payment in full.
7. PRICE AND PAYMENT
7.1 Where to find the price for the goods. The price of the goods (which includes VAT) 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 goods advised to you is correct. However please see clause 7.3 for what happens if we discover an error in the price of the goods you order.
7.2 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
7.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order. If the goods' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods already provided to you.
7.4 When you must pay. You must pay for the goods before we dispatch them.
7.5 How you must pay. We use third party payment gateways (for example Sage Pay) to process payments through our Website. Payment can be made by any payment method accepted by that third party payment gateway from time to time.
7.6 Failed Payments. If, for any reason, any payment due to us can’t be charged to your payment card or other form of payment in part or in full (for example, due to insufficient funds in the bank account linked to your payment card, or because your payment card has expired and you have not provided us with details of another payment card), we will either invoice you for the outstanding payment(s), or request that they are paid by a different method via the Website.
7.7 Our right of set-off.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8. IF THERE IS A PROBLEM WITH OUR GOODS
If you are a consumer, we are under a legal duty to supply goods (for example car radiators or heaters) that are in conformity with our contract with you. See the box below for a summary of your key legal rights. Nothing in these Terms will affect your legal rights.
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
9. YOUR RIGHTS TO CANCEL GOODS AND END THE CONTRACT
9.1 Statutory consumer “cooling-off” period cancellation rights.
If you are a consumer then, in addition to other rights set out in clause 8.1, you may have the right to cancel the contract with us during the first 14 days’ after ordering goods from us.
9.2 How and when your refund will be made.
When you are due a refund as a result of exercising your statutory cancellation rights, we will make such refund to you without undue delay and no later than 14 days from the day on which we receive your cancellation notice. Unless we agree otherwise, we will use the same means of payment as you used for the transaction, and you will not incur any charges for such reimbursement.
9.3 You may have a legal right to end this contract if there is a problem with our goods
If our goods are faulty or misdescribed, you may have a legal right to end the contract or to get us to fix or replace the goods, or to get some or all of your money back. Please see clause 8 (If there is a problem with our goods) for details.
9.4 If you do not agree to changes to these Terms. You may end this contract if you do not agree to changes we introduce to these Terms, as set out in clause 3.4 (Changes to these Terms).
9.5 If our performance is delayed due to an event outside our control. You may end this contract if our performance is delayed due to an event outside our control, as set out in clause 17.1 (Events outside our control).
9.6 You may end this contract if we break it. You may end this contract at any time by contacting us using one of the methods set out in clause 1.2 (How to contact us) if we break these Terms materially or repeatedly, and, if what we have done can be put right, but we fail to put it right after you have notified us of that breach and given us a reasonable opportunity to do so. If you end this contract because we break it, the contract will end immediately, and we will refund to you any sums paid by you for goods not provided to you in that billing period.
10. OUR RIGHTS TO SUSPEND DELIVERING GOODS TO YOU
10.1 We may suspend our supply of goods if you are not at fault. We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods as requested by you.
10.2 We may suspend the supply of goods if you are at fault. Without limiting or affecting any other right or remedy available to us, we may suspend supply of the goods if you do not pay us for the goods when you are supposed to. We may do so until you have paid us the outstanding amounts; We will contact you to tell you we are suspending supply of the goods. We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods, if you are a business customer, we can also charge you interest on your overdue payments.
11. OUR RIGHTS TO END THE CONTRACT
11.1 When we may end this contract if you break it. We may end the contract for goods 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 14 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or
d) you do not, within a reasonable time, allow us access to your premises to supply the goods.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the loss we incur as a result of your breaking the contract.
11.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know that we are going to stop providing the goods and will refund any sums you have paid in advance for goods which will not be provided.
12. CONSEQUENCES OF ENDING THIS CONTRACT
12.1 Consequences of ending this contract. When this contract ends for any reason, then, in addition to the consequences set out in clause 3.4 (Changes to these Terms), the relevant provision of clause 9 (Your rights to cancel goods and end the contract), the relevant provision of clause 11 (Our rights to end the contract), or clause 17.1 (Events outside our control) (as applicable),
(a) you must stop all activities authorised by these Terms; and
(b) if you are a consumer,
and you have made a failed payment as described in clause 7.6 (Failed payments), you must immediately pay us all outstanding payments; or
(c) if you are a business customer,
you must immediately pay us all outstanding payments and interest.
13. LIMIT ON OUR RESPONSIBILITY TO YOU IF YOU ARE A CONSUMER
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:
(a) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) for fraud or fraudulent misrepresentation;
(c) for breach of your legal rights in relation to the goods as summarised at clause 8 (If there is a problem with our goods);
(d) for defective goods under the Consumer Protection Act 1987;
(e) arising under applicable laws relating to the protection of your personal information; or
(f) any other any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.3 Events outside our control. We will not be liable for delays caused by events outside our control, as set out in clause 17.1 (Events outside our control).
13.4 We are not liable for business losses. If you are a consumer, we only supply goods to you for domestic and private purposes. We will not be responsible for any business losses.
14. LIMIT ON OUR RESPONSIBILITY TO YOU IF YOU ARE A BUSINESS CUSTOMER
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) defective goods under the Consumer Protection Act 1987;
(d) arising under applicable laws relating to the protection of your personal information; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Exclusions. Subject to clause 14.1 above, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
(a) any loss of profit, business, revenue, goodwill or anticipated savings;
(b) any indirect or consequential loss or damage (including, but not limited to, any indirect or consequential losses which result in loss of profit, business, revenue, goodwill, anticipated savings or business opportunity, loss or corruption of data); or
(c) any liability arising as a result of any term implied by common law or statute, order, regulation or any other enactment, all of which are excluded to the fullest extent permitted by law.
14.3 Liability cap. Subject to clause 14.1 above, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of the amount paid by you to us for the goods which form the subject matter of the relevant claim.
15. OUR INTELLECTUAL PROPERTY RIGHTS
15.1 Our copyright. Copyright © 2020 Advanced Radiators Limited.
15.2 Our trade marks. Advanced Radiators, Adrad, our logos and our other trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
16. YOUR PRIVACY
16.1 Our Privacy Notice. Under data protection legislation, we are the data controller of your personal data processed through our Website, and are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice at https://www.adrad.co.uk/privacy-policy/. It is important that you read that information.
17. OTHER IMPORTANT TERMS
17.1 Events outside our control. If we are unable to provide any goods to you because of an event outside our control, 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 the delay continues for more than 30 days, you may contact us to end your contract with us and receive a refund for anything you have paid for but not received.
17.2 We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.3 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.
17.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
17.5 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.
17.6 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 goods to you, we can still require you to make the payment at a later date.
17.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
17.8 Alternative dispute resolution if you are a consumer.
17.9 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18. LIST OF DEFINED TERMS
18.1 In these Terms:
(a) business customer has the meaning given in clause 2.3 (Are you a business customer or a consumer?);
(b) consumer has the meaning given in clause 2.3 (Are you a business customer or a consumer?);
(c) goods has the meaning given in clause 2.2 (Goods);
(d) Terms has the meaning given in clause 3.1 (What these Terms cover);
(e) we, us and our have the meanings given in clause 1.1 (Who we are);
(f) Website has the meaning given in clause 1.1 (Who we are);
(g) you means the person who purchases goods on our Website; and