Bottle Coolers Direct trading as Corr Chilled.co.uk (‘we’, ‘us’ or ‘our’), are a company registered in England and Wales under company number 8003192 and with our registered office at Carpenter Court, Maple Road, Bramhall, Stockport, SK7 2DH. Our main trading address is Carpenter Court, Maple Road, Bramhall, Stockport, SK7 2DH. Our VAT number is 135 0181 50 and we operate www.corrchilled.co.uk (‘the Website’).
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on the Website, or in our most recent published catalogue.
These Terms are only in the English language and will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website or confirming orders placed over the telephone. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.
Finally, some of these Terms say they only apply to ‘consumers’, whilst others apply to ‘business customers’. For this purpose, ‘consumer’ has the meaning given under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and ‘business customer’ means a trader, as defined in those regulations.
At some points in these Terms we use the phrase ‘working days’, which means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
1. Order and Contract
1.1 If you are a consumer (or sole trader), you may only purchase Products from us if you are at least 18 years old.
1.2 If you are a business customer, by accepting these Terms you confirm that you have authority to bind any business on whose behalf you purchase Products.
1.3 The checkout pages of our Website, or our customer service team (if ordering by telephone) will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us, and you should take the time to read and check your order details at each or any stage of the order process.
1.4 After you place an order, you will receive an e-mail from us acknowledging that we have received it and providing you with an order number (it is helpful if you quote this in all subsequent communication with us regarding your order and you must check yours and your order details are correct). However, please note that our acknowledgment does not mean your order has been accepted. Our acceptance of your order will take place when we send you a further e-mail confirming that your order has been checked, verified and confirmed (Order Confirmation). The Contract between us will only then be legally formed.
1.5 If before sending the Order Confirmation we are unable to supply you with a Product, for any reason (for example, unavailability, price or description errors, or delivery issues) we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
2.1 The images of the Products on our Website, catalogues or brochures are for illustrative purposes only. Although we have made every effort to display the images (for example, colours) accurately, we cannot guarantee that your computer's display or printed pictures of them accurately reflect the Products entirely, and they may vary slightly.
2.2 If you are a business customer, any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained on the Website or catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
2.3 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website, catalogues and brochures have a 2% tolerance.
2.4 You are responsible for all unpacking, positions, erecting or installation of the Product(s) (unless expressly agreed otherwise in writing by us) and for checking access suitability for the Product(s) ordered to any building.
2.5 If you are a business customer and to the extent that the any Products or goods ancillary to the Products or Contract are to be manufactured in accordance with any specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use or implementation of your specification.
3. Price and Payment
3.1 The price(s) of the Product(s) will be as quoted on our Website or most recent catalogue at the time you submit your order.
3.2 However our Website and catalogue contains a large number of Products and it is always possible that, despite our reasonable efforts, some of the Products listed may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
3.3 Prices for our Products may change from time to time, but changes will not affect any order we have confirmed with a Order Confirmation. However, if you are a business customer we may, by giving notice to you at any time before delivery, increase the price of the Products to reflect any factor beyond our control, increase in the cost of the Products that is due to any request by you to change the delivery date(s), quantities or types of Product(s) ordered, or any delay caused by any of your instructions or failure to give us adequate or accurate information or instructions. Payment for such increase shall be due on the earlier of delivery or 7 days of demand.
3.4 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full.
3.5 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the order process, before you confirm your order. Please click here to learn more about relevant delivery information. In particular, please note any request to change delivery address could incur additional delivery charges depending on your location.
3.6 You can only pay for Products using a debit or credit card (or BACS transfer if ordering over the telephone) or online payment merchant we accept or approved as listed on the Website during the checkout process. Please note payments by credit card may be subject to a charge of 2% which reflect charges we incur in taking payment by that method.
3.7 Payment for the Products and all applicable delivery charges is in advance, unless explicitly agreed otherwise by us in writing. We may take payment before your order is dispatched, but this alone will in no circumstances constitute acceptance of your order on our part. In the event we are ultimately unable to accept your order, a full refund will be made to your payment card.
3.8 If you are a business customer with an existing credit account with us which we have authorised and confirmed in writing, we may invoice you for the Products on or at any time after you place your order and you shall pay the invoice in full cleared funds without set-off, deduction or counterclaim within 30 days of the date of the invoice to a bank account nominated by us. Time of payment is of the essence.
3.9 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.1 When or as soon as reasonably possible after accepting your order, we will contact you with an estimated delivery date, which will be within 40 working days after the date of the Order Confirmation. Please note that delivery arrangements are made with and completed by third party couriers directly from our Product suppliers. Timescales for delivery, and delivery charges will therefore vary depending on the availability of Product(s) and/or the location they are to be delivered to.
4.2 Occasionally our delivery to you may be affected by an Event Outside Our Control (and see clause 14 for details of what happens then). In addition, if we are not able to deliver all Products ordered at one time due to operational reasons, we will deliver the Products in instalments. We will not charge you extra delivery costs for this, and will let you know in advance of estimated delivery dates for each instalment.
4.3 If we are aware you are a consumer we will notify you at least 7 days prior to delivery of the estimated time of delivery on the date the Product is expected to arrive at the stated delivery location. If no one will be available at that time to take delivery you should notify us at least 2 full working days before the estimated delivery date we advised of. If you do not do so and no one is available at your address to take delivery, we will leave you a note that the Products have been returned, in which case we may require you to pay a delivery charge for any second delivery of the Products we are required to make, and you must contact us to rearrange delivery. Please note any delivery charge payable under this clause will not exceed the higher of (i) our costs incurred in completing delivery (excluding that relating to other customer’s deliveries), or (ii) the standard Royal Mail rate in England for Products of the kind, nature and quantity ordered
4.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, such other location as we may agree in writing, or you or a carrier organised by you collect them from us (including any passing to your courier for international delivery under clause 4.5). We shall only be required to deliver the Product(s) to a curb side ground floor location, and delivery to any third party nominated has the same effect as delivery to you for the purpose of the Contract.
4.5 You may place an order for Products from outside the UK, but (unless otherwise agreed by us in writing) this order must be for delivery to an address or loading in the UK by a freight or carriage provider you organise and pay for. If you order Products from our Website for use outside of the UK then:
4.5.1 you should note there are restrictions on some Products (including but not only the availability of labour warranties) , so please review the information on the relevant Product and warranty pages carefully before ordering;
4.5.2 your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount;
4.5.3 you will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order;
4.5.4 you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Clauses 4.6 to 4.8 only apply if you are a consumer.
4.6 If we miss the 40 working day delivery deadline for any Products then you may cancel your Order straight away if we have refused to deliver the Products; delivery within the deadline was essential (taking into account all the relevant circumstances); or you told us before we accepted your order that delivery within the delivery deadline was essential.
4.7 If you do not wish (or do not have the right) to cancel your order straight away as noted above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
4.8 If you do choose to cancel your Order for late delivery under clause 4.6 or 4.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
Clauses 4.9 to 4.11 only apply if you are a business customer.
4.9 Time of delivery is not of the essence and we shall not be liable for any delay in delivery of the Products that is caused by an Event Outside our Control or:
4.9.1 your failure to provide adequate delivery instructions (along with any other instructions that are relevant to the supply of the Products); or
4.9.2 your failure to ensure an appropriate person is available and authorised to take delivery of the Products at the relevant location pursuant to clause 4, and
you shall indemnify us against all and any loss, damages, liability, expenses and/or costs we may incur directly or indirectly as a result of any failure on your part pursuant to clause 4.10.1 or 4.10.2.
4.10 The Products shall be deemed to have been accepted by you at the earlier of you signing the delivery note provided on delivery of the Products, or 9.00 am on the third Business Day after the day on which the Product(s) were delivered or collected under clause 4.
4.11 Subject to clause 11, if we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products.
4.12 If you purport to cancel the Contract or any part of it whether before or after delivery we shall (without prejudice to any other rights or remedies available to us) be entitled to charge or deduct from any sums agreed to be repayable to you, up to 75% of the value of each returned Product(s) and collection charges (if any) we incur in recovering such Product(s). Re-stocking charges can vary depending on usage of the product.
5. Risk and Ownership
5.1 The responsibility for damage to and other risk in the Products shall pass to you on completion of delivery (see clause 4.4 above).
5.2 If you are a consumer, you own the Products once we have received payment in full, including all applicable delivery charges.
Clauses 5.3 to 5.5 only apply if you are a business customer.
5.3 Title to the Products shall not pass to you until we receive payment in full (in cash or cleared funds) for the Product(s) and any other goods that we have supplied to you, in which case title to the Products shall pass at the time of payment of all such sums.
5.4 Subject to clause 5.5, you may use the Products in the ordinary course of your business (but not otherwise) before we receive payment for them. However, if you resell the Products before that time, you do so as principal and not as our agent and title to the Products shall pass to you immediately before the time at which resale occurs.
5.5 Until title to the Products has passed to you, you shall:
5.5.1 store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
5.5.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
5.5.3 maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
5.5.4 notify us immediately if you become subject to any of the events listed in clause 10.1, in which case (without limiting any of our other rights or remedies) your right to use the Products in the ordinary course of your business ceases immediately, and we may at any time require you to deliver up all Products in its possession which have not been resold, or irrevocably incorporated into another product. If you fail to do so promptly, we may enter any premises where the Products are stored in order to recover them; and
5.5.5 give us such information relating to the Products as we may require from time to time.
6.1 It it the customers responsibility to ensure goods are ordered correctly. Any goods that have been despatched and are later cancelled will be subject to a re-stocking fee, to be paid for by the customer.
6.2 If the goods are not required on arrival or incorrect due to a mistake made when ordering, providing they are unused, a refund can be processed, less the return carriage and re-stocking charge.
7.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
7.2 For Products which do not have a manufacturer's labour guarantee, when placing your order we will provide you with the option to purchase a labour warranty for material defects found in the Products within a period of 12 months from delivery. Payment for our labour warranty must be made when placing your order. However, such warranty does not apply to any defect in the Products arising from:
7.2.1 fair wear and tear;
7.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
7.2.3 if you fail to operate or use the Products in accordance with the user instructions;
7.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
7.2.5 any specification provided by you.
7.3 If you are a consumer, any manufacturers and/or our warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described (which your local Citizens' Advice Bureau or Trading Standards office can advise you of).
7.4 If you are a business customer:
7.4.1 you must give notice in writing to us during the warranty period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 7.1, allow us a reasonable opportunity of examining such Products and/or if asked to do so by us return (at your cost) such Product(s) to our place of business or such other location notified in writing by us. Only then shall we, at our option, repair or arrange replacement of the defective Product(s), or refund the price of the defective Product(s) in full;
7.4.2 except as provided in clause 7.4.1, we shall have no liability to you in respect of Product(s) failure to comply with the warranty set out in clause 7.2;
7.4.3 the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.; and
7.4.4 in the event that any inspection by us reveals the relevant Product(s) are free from material defects for the purpose of clause
7.2, we shall be entitled to demand and you shall pay us an administration charge of £100.00 per Product reflecting a proportional amount of our expenses estimated to be incurred in dealing with the inspection.
7.5 These Terms shall apply to any repaired or replacement Product(s) supplied by us.
8.1 Nothing in these Terms limits or excludes our liability for:
8.1.1 death or personal injury caused by our negligence;
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
8.1.4 defective products under the Consumer Protection Act 1987; or
8.1.5 if you are a consumer only, any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
Clauses 8.2 to 8.4 only apply if you are a business customer.
8.2 Subject to clause 8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any consequential or indirect loss including (but not limited to) any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; or loss of goodwill.
8.3 Subject to clause 8.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).
8.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products (including but not limited to the Product(s) suitability for your purposes). Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
Clauses 8.5 and 8.6 only applies if you are a consumer.
8.5 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
8.6 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. Data Protection
10. Termination and suspension
10.1 Without limiting any other right or remedy available to us, if you are a business customer and become subject to any of the events listed below, we may suspend provision of the Products to you along with our corresponding obligations under the Contract and/or may terminate the Contract with immediate effect by giving written notice to you:
10.1.1 you are subject to any event indicating that you may be, or are reasonably likely to become, insolvent including (but not limited to) suspending or threatening to suspend payment of your debts; commencement of negotiations for rescheduling debts with all or some creditors; filing of a petition for winding up or bankruptcy, appointment of an administrator, administrative receiver or receiver; taking of execution or distress proceedings which remain outstanding for 14 days; or otherwise being unable to pay your debts as they fall due (within the meaning of section 122 Insolvency Act 1986);
10.1.2 any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to those mentioned in clause 10.1.1;
10.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
10.1.4 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
10.1.5 (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
10.2 Without limiting any other right or remedy available to us we may suspend provision of the Product(s) to you (along with our corresponding obligations under the Contract) and/or may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due to us on the due date for payment and have still not done so 14 days after being notified in writing to make such payment.
10.3 On termination of the Contract for any reason you shall immediately pay to us all outstanding unpaid sums and interest for Products already received.
10.4 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
10.5 Clauses which expressly or by implication survive termination of the Contract shall continue with full legal effect.
11. Events Outside our Control
11.1 In these Terms an Event Outside Our Control means any act or event beyond our reasonable control (for example, strikes, civil commotion, invasion, terrorism, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of required transport or default of suppliers or subcontractors).
11.2 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 an Event Outside Our Control.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you and performance of our obligations under the Contract will be suspended and extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 If you are a consumer, you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Product(s) you have already received and we will refund the price you have paid for any Product(s) you do not retain or receive, including any delivery charges associated with them.
12.1 When we refer, in these Terms, to "in writing", this will include e-mail.
12.2 If you are a consumer you may contact us by writing to the trading address at the top of these Terms, or emailing us at firstname.lastname@example.org. You can use those details to inform us of any complaints, or call our customer service team on 0161 442 9174.
12.3 If you are a business customer Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or (where expressly permitted only) by e-mail.
12.4 A notice or other communication under clause 12.3 shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.3; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one working day after transmission.
12.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13.1 We amend these Terms from time to time and each time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
13.2 We may revise these Terms as they apply to your order from time to time. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and if you are a consumer let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
14. Other Important Provisions
14.1 If you are a business customer the Contract constitutes the entire agreement between the parties and apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.
14.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 8.
14.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6 If we fail to insist that you perform any of your obligations under these Terms, we do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
14.7 These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law.
14.8 If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14.9 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).