TERMS & CONDITIONS

These terms describe your relationship with us and your use of our service. They are legally binding, and you accept and agree to them upon placing an order with us. These terms change from time to time, so please read them carefully each time you place an order. The contract between us will be made and become binding upon AF Affinity Limited confirming the order by you by e-mail containing an order reference number.

English is the only language used in these terms.

Interpretation: In these terms: 1) ‘us’ and ‘we’ mean AF Affinity Limited. 2) ‘including’ and ‘in particular’ are used to illustrate particular examples, but they do not limit the scope of these terms in any way. 3) ‘loss’ means any loss or damage of any kind. It includes: (i) associated costs and expenses incurred in connection with any loss or damage or any related claim or legal proceedings, and (ii) compensation paid to third parties.

You: The person placing the order. You confirm that: 1) you are accessing our service from within the United Kingdom, 2) you are over 18 years of age, 3) you are using your own payment card, 4) you are resident in the UK at the delivery address you give when ordering, 5) you have provided to us a valid email address and that we are entitled to proceed on the basis that you have received any email sent by us to that address. If any of these are not true, you will compensate us in full for any loss we suffer as a result.

Our service: The service provided by us is to purchase as effectively as possible on your behalf. We will contract with our suppliers as a principal. The supplier will therefore look to us for the performance of its contract and then we, in turn, require similar performance from you.

Defects: Goods are delivered direct by the suppliers to you so that we do not have the opportunity to inspect and examine the goods supplied.

You must immediately notify us by telephone or email of any defect within 48 hours of delivery and, where practicable, retain an accurate sample of the goods, the name and address of the driver and the vehicle registration number of the delivery vehicle or, if such inspection does not reveal a defect and a defect manifests itself after delivery, immediately notify us with full particulars of such defect. You must co-operate with us in pursuing any claim or claims when requested and promptly provide us with all information necessary to pursue the claim or claims.

Our personnel who deal with your orders for goods and services are neither qualified nor authorised to give advice on the use or application of those goods or services. We will not be liable to you for any such advice given by any of its personnel nor for any failure by them to give such advice nor for any representations made by them, in any of these instances, as to the description, quality or fitness of any such goods or services.

Information services: This website includes information which we have sourced from third parties and which we make available free of charge. We have taken reasonable care when selecting those third parties, but we do not accept any responsibility for its accuracy. Some of the information concerns forecasts which may turn out to be inaccurate or wrong. This website also includes ‘How To’ guides, which provide guidance on certain tasks. These are a basic introduction to certain tasks for those who have not undertaken those tasks before: they are not comprehensive and they may not be suitable in all situations. Whatever the nature of the information, it is provided for general information only: you should not rely on it and you should obtain professional advice if you need information you can rely on.

The products: The pictures on this website and any literature we may send you are for illustrative purposes only, and the items delivered may be different in detail. For example, they may be a different colour. Some items may not be available, in which case we may substitute an appropriate alternative. We may change our prices at any time, although this will not affect any orders we have already accepted. With some items, especially software, you do not become the owner of the item; instead, the manufacturer gives you a licence which gives permission to use the item in accordance with certain restrictions.

Order process: You may only order items by telephoning our office or emailing us through this website. Each item in your order constitutes a separate order. If we accept your order for all or any of the items, we will send you an e-mail saying so. Your order is not accepted unless and until we send you the e-mail. If we accept your order there is a legally binding contract between you and us. It consists of 1) the information on this website, 2) these terms, 3) your order, and 4) our e-mail accepting your order. It does not include anything else. We are not obliged to sell you anything until we accept your order.

We may decline to accept any order, or any part of an order, without giving any reason. You may be required to help us verify your age before we accept your order for certain items.

Payment: You must pay when ordering. Payment can be taken by Debit Card or by setting up a Direct Debit. The full sum of the bill will be taken from the Direct Debit. If you have opened an approved customer’s account with us, you may charge your order to your customer’s account. You may view your account at any time, and you may use your debit card to settle your account at any time; any payment made will be applied to the oldest outstanding invoices first. If there is a failed transaction by direct debit due to direct debit being cancelled or lack of funds in the account the customer will receive a administration charge.

If you have yet to become a customer, you may apply for membership by downloading the application form from this website (click on the ‘About Us’ tab above for more details) and sending it to us, but in the meantime you will only be able to charge your order to your credit card or debit card.

Delivery: We try to deliver all items within 3 to 5 working days (excluding Saturdays, Sundays and Bank Holidays), but longer delivery times apply to some items and this will be stated on the email accepting your order where this applies. We may deliver the items we have agreed to supply at different times. We only deliver items to addresses within the UK excluding Jersey and Guernsey. We reserve the right to deliver them only to the address identified with the card or account you have used to pay. Our obligation to deliver the items is fulfilled when someone first tries to deliver them at the address you have specified in your order. You must report any errors or damage which are apparent at the time of delivery to the carrier.

Cancellation: You may cancel your purchase within the cancellation period without having to give any reason, and we will refund the full price of the item (and all VAT and delivery charges associated with that item) to the card or account you used to place your order. The cancellation period begins the day after you have received the item concerned and lasts for 14 working days. To cancel, you must notify us by telephone, letter, e-mail or fax. If you do cancel your purchase, you must return the unwanted item to us. Unless the item concerned is one we substituted for the item you ordered, you must return at your own expense and if you require us to collect it from you we will charge you for the costs involved. You must take reasonable care of the item until it is returned to us, and we may charge you for any damage if you do not.

We may cancel your order for an item at any time before it is delivered to the delivery address if we have made a mistake in the price for that item quoted on this website and a reasonable person would have realised that we had made such a mistake – such as where the price quoted is unusually low and it is not clear from the accompanying message that this was intended. If we cancel your order, we will refund the full price of the item (and all VAT and delivery charges associated with that item) to the card or account you used to place your order, but we do not have any further liability for cancelling. Delivery charges may be applied if there is an aborted delivery with heating oil (Kerosene). If the order is placed and the supplier cannot deliver due to unforeseen circumstances, not weather related, such as the tank not being fit for delivery or not accessible, charges will be passes on to the customer.

Restrictions on our liability to you: These terms cover our liability for loss of the kind described. 1) Our products are not sold for re-sale and we do not accept liability for any business related loss of any sort, whether loss of goodwill, revenue, profit or expected savings. 2) We are not liable for any loss resulting from the late despatch or delivery of any items. 3) If we do not despatch or deliver an item at all, we will refund the price of that item (and all VAT and delivery charges associated with that item) to the card or account you used, but we are not liable for any other loss. 4) Our total liability in connection with an item is limited to the total value of that item, including all taxes and delivery charges relating to that item.

Notwithstanding anything else in these terms, we do not restrict our liability: 1) for any personal injury resulting from negligence (whether or not it results in their death), 2) under Part 1 of the Consumer Protection Act 1987, 3) if we do not have the right to sell an item when we send it to you (but see above concerning software, which is only licensed), 4) for fraud.

Third party links: This website contains links to other websites. These are provided for your convenience but we do not endorse any of those websites or their operators, or give any assurance about them. We are not liable for any loss which results from your use of those websites. We are not responsible for the privacy practices they follow and you should read the privacy statements of each website you visit.

Your privacy: We collect information about you when you use our website. Some is provided by you when you enter certain details, and some we collect by placing a small amount of information (often referred to as a ‘cookie’) on your computer and by observing your use of the website. A cookie enables our computers to recognise you when you visit our website, and helps us give you a better service.

We may use this information to contact you regarding our website or our products and services. We may also pass some of this information to some of the other organisations we use in order to supply you with the goods and services you have ordered – for example, those which process your card payments and deliver the items you have ordered. We will not allow them to use the information for other purposes. We may also transfer the information to anyone who acquires all or part of our business or assets.

We will retain any information about you for a reasonable period, or for as long as the law requires.

For certain categories of information, you have certain rights to know what information we have about you, how we use it, and to whom we disclose it. You may also ask us to update it if it is inaccurate.

We use various measures to protect any information about you from access by unauthorised persons, and against unlawful processing and accidental loss, corruption and destruction.

We comply with the Data Protection Act 1998, and we are registered with the Information Commissioner’s Office.

Viruses etc: We take reasonable precautions to try to ensure that this website and our e-mails are free from computer viruses and other harmful programs, but we do not give any assurance that they are and we are not liable for the consequences of any which might be present. It is your responsibility to take appropriate steps to protect your computer against these – for example, by using up-to-date virus-detection software.

Intellectual property: This website, its content and the computer programs behind it are protected by intellectual property rights. We own these intellectual property rights, or they are licensed to us, and we prohibit any activity which would infringe these rights. In particular, you must not copy any text or images from this website except for your own personal use: you must not distribute them in any way. We own the trade mark rights in the mark AF Affinity Limited and AFFinity, and we prohibit its use in any way which would infringe our rights or cause confusion. The other trade marks appearing in this website belong to third parties, and we acknowledge their trade mark rights in them.

Links etc: We welcome links to the URL for the home page of this website, but you must not generate or use links to any other page without our permission and you must not cause any additional text, images, frame or any other material or border to appear with any aspect of this website or its content.

Disputes: Our contract with you is governed by the law of England and Wales and only the courts of England and Wales are entitled to decide any dispute arising out of the contract.

Vouchers: Orders must be sent to AF Affinity Limited with payment by BACS, debit card or Direct Debit; The placing of an order implies acceptance the following conditions. We will send your vouchers by email or secure post. Upon delivery, you must examine the vouchers and give immediate written notice to us of any damage, defect or shortage. If large denomination vouchers subsequently require changing into smaller denominations an administration charge may be payable. Title of the vouchers only passes on payment. Voucher will only be sent on received payment. The voucher is only redeemable though AF Affinity Limited and not through any other organisation.

Purchase and supply will be governed by English law. If we are prevented from performing an obligation under the contract by circumstances outside our control we will be released from that obligation and will not be liable for any failure to perform it.

Redemption Terms: Vouchers can be exchanged for a variety of goods or services which may vary from time to time. Current products are shown on www.af-affinity.co.uk and access is only granted to those who have a login and password already allocated.

The Affinity Voucher does not give or make any promises, warranties, guarantees or representations concerning the goods or services provided by these suppliers.

Vouchers cannot be replaced if lost, stolen or damaged. Vouchers are valid for 24 months from issue date as displayed.

You can buy up to £250 (two hundred and fifty) worth of vouchers in a single transaction.

Vouchers cannot be refunded or exchanged for cash. If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a card payment. If a purchase is for a lower amount than the value of the voucher, the lowest denomination is £5 (five pounds). Less than this amount will not be paid.

Any queries regarding the redemption of this voucher should be directed to AF Affinity Limited (01603 881 888).

Customer service: If you have any questions or complaints, please contact us by e-mail at enquiries@www.af-affinity.co.uk by telephone on 01603 881 888 or by post at AF Affinity Limited, Honingham Thorpe, Colton, Norwich NR9 5BZ

This website is operated by: AF Affinity Limited, Honingham Thorpe, Colton, Norwich, NR9 5BZ

Registered in England No. 01525687
VAT No. GB 981 4820 02