Terms & Conditions

Utility Design Terms & Conditions

Our terms

  1. About us and these Terms

    • We are Utility Retail Limited a company registered in England and Wales. Our company registration number is 03840139 and our registered office is at 15 Dakota Business Park, Skyhawk Avenue, Liverpool, L19 2QR.
    • You can contact us by telephoning our customer service team at 0151 494 9412 or by emailing us at sales@utilitydesign.co.uk.
    • These are the terms and conditions on which we supply products to you.
    • In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  • you are an individual; and
  • you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers or businesses only are clearly marked as such.

  • When we use the words "writing" or "written" in these terms, this includes emails.
  • Business customers only. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. 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 based on any statement in this agreement.
  1. Our Contract with you

    • Our acceptance of your order will take place when we send you a confirmation email to accept it, at which point a contract will come into existence between you and us.
    • If we are unable to accept your order, we will inform you of this and will not charge you for it. This might be because the product is out of stock, 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 product, because we are unable to meet a delivery deadline you have specified, or for other reasons outside of our control.
    • It is your responsibility to keep your contact details on your account up to date. We will not be responsible for any errors arising as a result of your contact details not being up to date.

  2. Our Products

    • The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and finishes accurately, we cannot guarantee that a device's display accurately reflects the true physical colour of the actual products. Your product may vary slightly from those images.
    • The dimensions of products set out on our website are approximate only, and weights, dimensions and capacities of products may vary.
    • It is your responsibility for ensuring that your premises are able to receive the products at the time of delivery. Some of our products are large and may not be able to be left at an alternative address and may not fit through doorways or up stairs. You will be responsible for any additional costs incurred as a result of your failure to ensure your premises are able to receive the products.
    • We may change the product to implement minor technical adjustments and improvements, for example to address a health and safety or security threat. These changes will not materially affect your use of the product.
    • All lighting and electrical products sold on our website are 220-240v. If purchasing from outside the EU it is your responsibility to ensure that your local voltage is compatible before completing your purchase.

  3. Price and Payment

    • The price of the product (which includes VAT unless expressly stated otherwise) 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 product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • 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 accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's 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.
    • We accept payment with the payment methods listed at the point of your order. You must pay for the products before we dispatch them.
    • 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).
    • If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of the Bank of England 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. Delivering the Products

    • The costs of delivery will be as displayed to you on our Delivery Page or on your order (if applicable). The details of each delivery method are set out on our Delivery Page.
    • All delivery dates, including those set out on our Delivery Page are estimates only and shall not be binding on us.
    • 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. This is invariably due to issues outside our control such as production or supplier shipping delays and company holidays. We will not be liable for delays caused by the event and will not pay compensation for any such delay.
    • If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    • If you do not collect the products 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 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 2 will apply.
    • Products will be your responsibility from the time we deliver the products to the address you gave us or you or you or a carrier organised by you collect it from us.
    • You own products once we have received payment in full.
    • We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical changes; or
      • update the product to reflect changes in relevant laws and regulatory requirements.
    • If you do not pay us for any products when payment is due, we may suspend supply of future products until you have paid us the outstanding amounts.

  5. Consumer Cooling-off Period

    • If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days of you (or someone you nominate) receiving the products.
    • If you change your mind in accordance with clause 6.1 above then you will receive a refund, which may be subject to deductions. You will also have to pay the costs of return of any goods.
    • Your right to change your mind does not apply to any bespoke products you purchase from us, for example products which are created to your specification or which are clearly personalised.
    • If you want to change your mind, you should notify us by emailing us at sales@utilitydesign.co.uk or writing to our address. Please provide either:
      • your name, home address, details of the order and, where available, your phone number, email address and reason for return; or
      • the completed form at the following link: Schedule 1 cancellation form.
    • If you are a consumer exercising your right to change your mind you must send us the products within 14 days of telling us you wish to end the contract.
    • If you exercise your right to change your mind after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at Utility, 15 Skyhawk Avenue, Dakota Business Park Liverpool L19 2QR. We can arrange collection from you. Collection charges are charged at cost and we will confirm this with you prior to arranging collection. We will then refund you, less the collection charges.
    • If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs and packaging costs) to reflect any reduction in the value of the goods or their packaging, if this has been caused by your handling them in a way which would not be permitted in a shop or if it has resulted in the goods no longer being in a condition in which they can be sold ‘as-new’. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

  6. Your rights in respect of defective products if you are a consumer

    • If you are a consumer we are under a legal duty to supply products that are in conformity with this contract and you have a number of key legal rights under consumer legislation. Nothing in these terms affects your statutory rights as a consumer
    • If you are a consumer and wish to exercise your legal rights to reject products which are not in conformity with this contract then you must:
      • retain the original packaging;
      • (at our option) give us a reasonable opportunity of examining such product and/or provide us with photos of the damage; and
      • 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 customer services on 0151 494 9412 or email us at Utility, 15 Skyhawk Avenue, Dakota Business Park Liverpool L19 2QR to arrange collection.

  7. Your rights in respect of defective products if you are a business

    • If you are a business customer we warrant that on delivery, and for a period of 12 months, from the date of delivery (warranty period), the products shall:
      • conform in all material respects with their description;
      • be free from material defects in design, material and workmanship;
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      • be fit for any purpose held out by us.

    • Subject to clause 3, if:
      • you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
      • we are given a reasonable opportunity of (at our option) examining such product and/or requiring you to provide us with photos of the damage; and
      • you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

  • We will not be liable for a product's failure to comply with the warranty in clause 1 if:
    • you make any further use of such product after giving a notice in accordance with clause 8.2(a);
    • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
    • the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
    • you alter or repair the product without our written consent; or
    • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

  • You must inspect the products on delivery, and inform us of any defects or failure to comply with clause 8.1 within 24 hours of such delivery. If you do not inspect the products on delivery, then you must not sign for them as being ‘unchecked’. If you fail to do so then we will have no further liability to you other than in relation to latent defects.
  • Except as provided in this clause 8, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 1.
  • These terms shall apply to any repaired or replacement products supplied by us under clause 2.
  1. Our rights to end the contract

    • We may end the contract for a product at any time by writing to you if:
      • 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;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    • If we end the contract in the situations set out in clause 1 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 your breaking the contract.

  2. Our Liability if you are a Consumer

    • 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.
    • 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.
    • If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 11.

  3. Our Liability if you are a Business

    • Nothing in these terms shall limit or exclude our liability where it would be unlawful to do so, including:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation; or
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
    • Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 200% of the total sums paid by you for products under such contract.
  1. Privacy Policy

We will only use your personal information as set out in our privacy policy.

  1. Other Terms

    • We may transfer our rights and obligations under these terms to another organisation.
    • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • 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.
    • 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 the products, we can still require you to make the payment at a later date.
    • 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.

  2. Promotional Codes and Discount Vouchers

Where promotional codes or discount vouchers are advertised, the following terms & conditions apply:

  • the code/discount is time limited and valid for the date range advertised on the code/discount, the Utility website, social media channels & newsletters;
  • the code/discount is not to be used in conjunction with any other live offer or discount;
  • the code/discount doesn't apply to sale items;
  • the code/discount doesn't apply to delivery charges;
  • brand exclusions apply; and
  • discount codes cannot be redeemed retrospectively.
  1. Waste Electrical and Electronic Equipment Regulation 2006

Each year in the UK we go throw away over 1.2 million tonnes of electrical and electronic waste. That is the equivalent of 150 thousand double decker buses! This increase is mainly down to new technologies being developed, an increasingly affluent society and our throwaway lifestyle.

Over 75% of waste electrical products end up in landfill where lead and other toxins contained in electrical goods can cause soil and water contamination. This, in turn, can have a very harmful effect on natural habitat, wildlife and also human health. When situated near populated areas these toxins can cause problems to communities as their water and soil is polluted.

To minimise our impact on this earth and to protect the environment for future generations it is important that we are all aware of the consequences of our actions and how we can make a difference. Many of the electrical items that we throw away can be repaired or recycled. Recycling items helps to save natural finite resources and also reduces the environmental and health risks associated with sending waste electrical goods to landfill.

To reduce the amount of electrical items going to landfill the government has introduced, under European Law, new regulations called The Waste Electrical and Electronic Equipment (WEEE) Regulations.

It is the responsibility of everyone to ensure that they minimise the impact of electrical waste on the environment and to facilitate this Utility, as a distributor of electrical items, offers a 'take back' service to end users of electrical and electronic equipment on a like for like basis, i.e.: if you purchase a toaster we will recycle your old toaster.

Simply bring in your old electrical equipment to our store at the address below and we will deal with recycling on your behalf. Alternatively, if you have purchased on line and do not live near one of our stores simply please contact Utility within 28 days of purchase and we will provide a free of charge return service for your WEEE item. 

You can also use the recycle locator below to find your nearest recycling facility if this is more convenient.

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