Trade Terms & Conditions

The following terms and conditions relate to a customer categorised as 'A trade installer' and 'A Wholesaler / Re-seller'.

If you are 'A member of the public' please click here to view terms and conditions.

Upon signing up to our website you must agree to the terms and conditions. If you do not agree to the terms and conditions your account application will be rejected and you will be unable to make any purchases.

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you that you have purchased via our website at www.electrosmart.co.uk. They should be read together with our Return Policy, which forms part of these terms. You can find the Returns Policy at https://trade.electrosmart.co.uk/electrosmart-trade-returns-policy or by clicking here.

1.2 We may update these terms from time to time. We may update these terms from time to time. The terms and conditions that apply to your order are those in force at the time the contract between us is concluded, as set out in clauses 3.1 and 3.2.

1.3 Why you should read them. Please read these terms and conditions, and the returns policy carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, and how we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Electrosmart Limited, a company registered in England and Wales. Our company registration number is 07127614 and our registered office is at Progress House, Usworth Road, Hartlepool, TS25 1PD. Our registered VAT number is GB 921289719.

2.2 How to contact us. You can contact us by phone, 01429 860997, by email trade@electrosmart.co.uk or by post Electrosmart Limited, Progress House, Usworth Road, Hartlepool, TS25 1PD.

2.3 How we may contact you. If we have to contact you we will do so by telephone, or writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words 'writing' or 'written' in these terms and conditions, this includes emails. 

3. Our contract with you

3.1 How we will accept your order. When you place an order, you are offering to buy the product(s) from us and we will send you an order acknowledgement detailing the products you have ordered. Please note that this email is not an order confirmation or acceptance. Acceptance of your order and completion of the contract between us will take place when we have sent you a confirmation that your product(s) have been despatched, unless we have let you know that we cannot accept your order or you have cancelled it.

3.2 If the products ordered are not available. If the products you have ordered are not available, we will contact you to let you know. You will have the option to choose an alternative product, wait until the product is in stock or cancel your order.

3.3 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.

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display products accurately, your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Providing the products

5.1 Delivery costs. The costs of delivery will be as displayed to you on our website at checkout.

5.2 When we will provide the products. Any delivery date shown on our website is an estimated date only. Delivery dates are not guaranteed and should not be treated as such.

5.3 Where we will deliver the products. If payment is made by a credit or debit card, we reserve the right to only deliver to the statement/billing address of the cardholder and not to any alternative address. If you choose to pay by PayPal, we reserve the right to refuse to deliver to an address that has not been confirmed by PayPal as valid and correct. This is to minimise our exposure to fraud.

5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then 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 there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received, including any delivery charge.

5.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, the products cannot be posted through your letterbox, and there is no safe location to leave the parcel, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

5.6 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and 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 7.2 will apply.

5.7 If a product is delivered to you in error. If a product is delivered to you in error and is not what you ordered, please contact Customer Services who will arrange for collection, and for the correct product to be delivered (if applicable).

5.8 If the product delivered to you is faulty or misdescribed. Please refer to our returns policy.

5.9 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

5.10 When you own the products. 1. When payment has cleared upon checkout, you will own a product once it has been despatched.

                                                        2. When payment is made on a credit account, credit terms apply and you will own a product only once the balance has been settled.

5.11 Suitability of products. You are responsible for your own choice of product and its suitability for any particular purpose, including its compatibility with any other items.

6. Your rights to end the contract.

6.1 When you can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

        1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back). Please see our returns policy for more information

        2. If you want to end the contract because of something we have done or told you we are going to do, see clause 6.2;;

        3. If you have just changed your mind about the product. For most products, you may be able to get a store credit within 30 days of purchase. This may be subject to deductions and you will have to pay the costs of return of the product. Please see our returns policy for more information

6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

        1. We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

        2. There is a risk that supply of the products may be significantly delayed because of events outside our control; or

        3. You have a legal right to end the contract because of something we have done wrong.

7. Our rights to end the contract.

7.1 We may end the contract if you break it. If we are supplying you with a product for which you do not have a right to change your mind, we may end the contract for the product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

7.2 You must compensate us if you break the contract. If we end the contract as set out in clause 7.1 above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.

8. Price and payment

8.1 Where to find the price of the product. The price of the product will be the price indicated on the order page when you placed your order. Our website allows you to view prices exclusive and inclusive of VAT. We charge VAT on all applicable products We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the product you order.

8.2 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before dispatch so if we become aware that a product has been incorrectly priced, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled under this clause and you have already paid for the product, you will receive a full refund, including any delivery charges. 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 (including any delivery charges) and require the return of any goods provided to you at our cost.

8.4 When you must pay and how you must pay. We accept payment by BACS, Credit Account, Credit / Debit card, PayPal, and cash (collection only). You must pay for the products before we dispatch them. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

9. Our responsibility for loss or damage suffered by you.

9.1 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. Subject to clause 9.2 below, our total liability (whether in contract, tort or otherwise) for foreseeable loss or damage caused by us is limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987).

9.3 We are not liable for business losses. We we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. How we may use your personal information.

10.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy. Please click here to view our privacy policy.

11. Other important terms

11.1 We may transfer this agreement 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.

11.2 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.

11.4 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.

11.5 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.

11.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.