Terms and Conditions:
1. General
These Terms and Conditions do not affect your statutory rights.
Borshch Limited, (Borshch, Us, We) owns this E-Bay shop. These terms will apply to all and any purchase of items from Us by you (Customer, You, Your). Please read this document carefully before placing your order.
• All transactions must be completed only through E-Bay. We will not agree to any request to complete any transaction outside of E-Bay.
• Please note that all appliances sold are intended for Domestic use only. Use of appliances for any other purpose, for example, Commercial purposes, will invalidate any warranty.
• These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.
• We do not accept amendments to these Terms and Conditions.
• Failure by us to enforce any particular Term or Condition will not affect Our right to enforce the rest of these Terms and Conditions.
• Borshch, Borshch Electric and Borshch Electrical are trading names of Borshch Limited, which is registered in England and Wales, with Company Number 01641906, V.A.T. No. 369764590, and with registered office at Neptune House, Upper Trinity Street, Birmingham, B9 4EG.
We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on to the site (see date above). You will be asked to read and accept the Terms and Conditions each time you place an order to ensure that you are familiar with the most current Terms and Conditions.
2. Your Agreement with Us
• Each order for goods is an offer by You to purchase the goods from Us subject to these Terms and Conditions.
• To place an order for goods via our E-Bay shop you must be at least 18 years of age and accept delivery within the UK. Verbal and/or electronic acknowledgments by Us do not constitute order confirmation or order acceptance. Your order will be accepted and the creation of a legally binding contract between You and Us will take place once the goods have been paid for in full. If we decline all or part of your order for any reason, we will inform You by telephone or e-mail.
• When deciding whether or not to accept Your order, We may use certain information about you, including any received from credit reference agency checks. This helps to protect You and Us against fraudulent transactions.
• We will tell You if your payment details cannot be authorised for any reason and may invite You to pay by another method. Please note that products, prices and offers in our stores may differ from those featured on our e-commerce shops such as E-Bay.
• The total cost of Your order will be the price of the products, any additional services or warranties You choose plus any applicable delivery charge.
• In the event of that first delivery fails, You will incur further cost, such as redelivery charge, storage charge from failed delivery, any cost to have the item returned to us if the order is cancelled after item dispatched and such like.
• The total price payable will be stipulated at the time when You place your order. We are entitled to make adjustments to the price to take account of any increase in Our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong. if You are located outside of our maximum delivery zone as stated in the listing, we will charge You the extra cost of delivery, and the order will be dispatched when full payment is received whether or not the order has been acknowledged. We will inform You of the correct price and give You the opportunity to cancel the order. All prices are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time the order is placed.
• Prices, offers and products are subject to availability and may change before (but not after) We accept Your order. If a product becomes unavailable We may offer You an alternative.
• All product specifications, images, descriptions and other information communicated by Us, whether displayed on our price tickets, computer systems and/or website or communicated over the telephone, have been made accessible by suppliers, manufacturers, publications, publicists and/or gathered from public domain sources. Our intention is that all information should be as accurate and up-to-date as possible. As such, We cannot guarantee the reliability or accuracy of the information communicated and accept no liability for any losses or costs incurred as a result. If We discover such an error on a product which you have ordered, We will inform you as soon as possible and ask whether You wish to continue with your order or cancel it.
• Full product details are available from the manufacturer’s brochures or their websites. All accessories supplied with a product are subject to upgrade or change at the manufacturer’s discretion. We will supply the product as supplied to Us by the manufacturer.
3. Payment
• You can pay for your order by Visa, MasterCard, Paypal, direct Bank transfer, Delta/Connect, Solo, Electron, or Switch. We will take all reasonable care to keep Your order details and payment secure, but, unless We are negligent, We will not be liable for any losses if an unauthorised third party obtains access to Your information. Payments by credit card are not subject to any surcharge.
• You must provide us with Your exact billing address and telephone number when placing Your order; this is the address and telephone number which Your credit or debit card bank has on file for You. Your order will only be processed once authorisation of your credit or debit card has been properly received.
• If billing and delivery addresses are not the same, we may require a utility bill for confirmation.
• All prices quoted on our website include VAT.
4. Availability
• All goods and services are subject to availability and may be withdrawn at any time. If We do not supply the goods for any reason We will not charge you for these and We will refund any money already paid for them. However, We will not be responsible for compensating you for any losses you may suffer if We do not supply the goods.
5. Delivery
• Delivery of products will be by Our own staff and vehicles or in most cases be outsourced to a 3rd party pallet delivery carrier. This is usually determined by the type of product and/or Your location. In any event, delivery is only to the kerbside (You will have to arrange Yourself for items to be taken indoors and fitted, if needed and to discard of packaging or pallet that Your order is transported in, on or with).
• We deliver to most postcodes in mainland UK that is easily accessible by a large delivery vehicle with a tail lift (flat surface). Please let Us know before placing Your order if Your delivery location is outside of mainland UK or there is any access difficulty. Some delivery postcodes are subject to separate quotation due to their distance from Our dispatch warehouse located in Birmingham or difficulty of access. One of Our advisors will provide this quotation if asked for prior to committing to buy or will be advised by telephone or e-mail after purchase or first delivery attempt.
• If You are purchasing more than one item, then We will endeavour to reduce or consolidate delivery charges if requested, depending on size of item and if other item(s) can be shipped on the same pallet to the same delivery address at the same time.
• We aim to dispatch all orders as soon as possible. The courier will telephone you prior to delivery with a delivery date/time slot. It is important that You provide us with a contact number You will be available on so that delivery is not delayed or abortive.
• Delay in delivery of goods is sometimes outside Our direct control and is dependent on You being available on the phone number you have provided. As such, delivery cannot be guaranteed and any dates or times specified are approximate only. We shall not be liable for any loss, cost, damages, charges, or expenses caused by any delay for delivery of the goods. We will notify You of any delays in delivery at our earliest opportunity.
• Unless otherwise expressly stated, any free delivery promotion is applicable to specific items for a limited period only.
• We will only deliver goods to the Paypal registered address if order is paid for via Paypal or the billing address on the order if paid via other methods and in any event delivery is only to the kerbside.
• Delivery times are calculated in normal working days, i.e. Monday to Friday inclusive but excluding bank holidays. Delivery times and service standards start from and are calculated from the first working day after We have received full payment.
• We operate an all day delivery slot. However, out of courtesy We will attempt inform You (by phone/email/ebay message/voicemail) the actual delivery date. Please ensure We have all the contact phone numbers You will be available on to reach You on the date of delivery.
• If You are unable to accept delivery on the day We have agreed, please notify Us as soon as possible and at least 24 hours ahead of the planned delivery day. If You do not notify Us within this time and We are unable to effect deliver on the day scheduled, We will charge a second delivery fee which must be paid prior to another delivery attempt. Any orders cancelled following failed delivery will be refunded minus the cost of the failed delivery and the cost to have the item returned back to Us via the courier (in most cases this is £41.67 + VAT each way).
• The delivery whether free or charged for is to kerbside only by a single-man driver. If You have any special requirements for delivery, please make us aware of this at time of purchase and We shall endeavour to arrange a special delivery for You, which may come with an additional charge.
• If arrangement is agreed for the item(s) to be placed within the property it will be at Your own risk and the agreement will be between You and the driver.
• Liability for the item(s) only applies up to the kerbside and neither We nor any of our logistics providers will take responsibility for any damage that may be caused to either the item(s) or your property beyond the kerbside caused either by You or your people, the driver, or both.
• We strongly recommend that You do not book fitters for your appliances until You have received, inspected and are fully satisfied with your goods. We will not accept any liability for losses or costs arising from a delay in having your products fitted, howsoever caused.
• We will not refund the cost of delivery unless the order has been accepted as cancelled prior to delivery taking place.
6. Damaged Goods
• You must examine the goods thoroughly on delivery prior to signing the delivery driver’s notes. If someone else signs on Your behalf, You take responsibility for their acceptance as if You had signed for it yourself.
• If Your inspection shows that an item has damage not previously advised then You must inform the driver of this damage, detail it on the delivery notes and contact us on 0121 773 6361 whilst the driver is still present, as soon as possible for further instructions. If it is outside of Our business hours, then the item must be rejected and returned with the driver. You will be liable for the cost of delivery and/or collection if this procedure is not followed. No claim for damage(s) will be accepted once the driver’s notes have been signed as receiving an item 'as described' or where they have been signed as unchecked. In any case We will not accept any claim for damage or shortages after 48 hours of delivery.
• We will endeavour to replace damaged items as quickly as possible.
7. Faulty Items
• Products must be fitted by a qualified person, where appropriate, such as Gas Safe, FGas or NICEIC.
• If after fitting Your product it is found to malfunction or be faulty, meaning your product does not work or shows symptoms of failure preventing basic operation not attributable to Fitting, (this does not include any superficial or cosmetic damages, for example scratches or dents), and you have checked the troubleshooting section of the product's User Manual, please contact the manufacturer or Us, depending on the terms of your warranty, at your earliest convenience, (that is, if the product is “new and boxed”, it comes with a manufacturer’s warranty and they should be your first point of contact and if the product is “new and Graded” it comes with Our Return to Base warranty so contact Us).
• All product guarantees specifically exclude faults caused by accident, neglect, misuse, faulty fitting, or normal wear and tear. Nor do they cover routine maintenance.
• We or the manufacturer (if product is sold with a manufacturer’s warranty) will require proof of correct installation on some products before any warranty work is offered/carried out. The proof will have to be in the form of an official receipt from a Gas Safe certified engineer for gas appliances and NICEIC certified electrician for hard wired electrical appliances.
• Products with manufacturer warranty - If the product is diagnosed as faulty by the manufacturer engineer, then the item will be repaired by the manufacturer. If they cannot repair it and cannot offer a product exchange then we reserve the right to repair the item at our workshop or at your property. If we are unable to repair the item then we will offer, if possible, a replacement of a comparable condition and age. If we do not have a suitable replacement, a refund will be offered with a deduction to reflect the benefit, in terms of time, enjoyed by You and costs to cover any missing accessories/components or excessive wear and damage.
• We are not responsible for any costs associated with the de-installation and re-installation of built-in or integrated appliances under any circumstances.
• If Your goods are not found to be faulty, a call-out charge or a collection/re-delivery charge may be incurred.
• We are not responsible for any claims or losses arising from the failure of any product. We strongly recommend You cover any contents stored or used in Our products under your home insurance policy.
• Unless otherwise stated on Our product listings, all products We sell are supplied for domestic/home use ONLY. Your warranty is void/invalid if products are used for anything other than domestic use.
The warranty is valid for only the original purchaser of the item named on the invoice. Only the original purchaser can claim for service under warranty/repair/exchange/refund of any item We supply.
• Return to Base warranty - If you have purchased a Graded appliance from Us with “Return to Base” warranty and are unfortunate to have had the appliance develop a fault within the warranty period then You would need to contact Us to arrange for the product to be returned to us for repair. We endeavour to repair and return the item within a reasonable period of time from the fault being reported. Please note that it is Your responsibility to have the item disconnected, returned for repair and to be reconnected once repaired. We do not collect/connect/disconnect/install/remove from housing any item under any circumstance(s).
8. Cancellation and Returns
• You may cancel your order up to fourteen, (14), days after receipt of Your goods and receive a full refund for the cost of the product and initial delivery charge You paid. Your notice of cancellation must be in writing.
• Items bought under auction format are not covered under 'Sales of Goods Act 1979' or the 'Distance Selling Regulations' if they are listed as used/refurbished/graded and auction items are sold as described in the listing.
• The goods must be returned, at Your cost, to our Birmingham location in the same condition they were delivered to you within 14 days from your notice of cancellation. We may be able to collect item(s) from you in some cases, and if we decide to do so there would be a collection charge that You would need to pay to Us before collection is arranged.
• You must not have used the item and are under a duty to take reasonable care of the goods while in Your possession. Please re-pack in as much of the original packaging as possible and please inform Us the type and condition of the packaging prior to returning it to Us.
• It is Your responsibility to ensure that the item is returned in good order. If the goods are returned damaged or in any other way not in the condition in which they were sold, we reserve the right to refuse to accept the return. We advise you take out insurance on all item(s) returned to Us by Your own courier.
• We have the right to refuse return or make a deduction to reflect the reduced selling value of the product (if appropriate), for any missing parts or accessories or for any damage that may have been caused during transit whilst being returned by You.
• Upon satisfactory inspection of the goods, a refund will be issued.
• You have the right to cancel your order at any time before goods are delivered to you for any reason. A cancellation charge will apply if we have already dispatched the goods to cover handling, administration and restocking. This is currently £50 plus VAT.
9. Collection
• You must inform us via ebay messaging system and provide a telephone number if You choose to collect Your goods. We will inform You of the location of the goods. If they are not located at Your desired location and You wish to collect from one of Our alternative sites, then we will endeavour to make those arrangements for you. This may take a few days and You will be informed of the date Your goods will be available to collect.
• Once You have been notified that goods are ready for collection, they must be collected within 5 working days from the date of notification and paid for in full prior to collection. If the order is paid for using a credit or debit card, You will need to take the credit or debit card used to make payment along with an official form of photo identification, such as passport or driving licence. If the order is paid for via Paypal then we will require you to produce identifying evidence of the Paypal registered address prior to us releasing the goods.
• If You are arranging a courier to collect an item from Us on Your behalf then you must email us with the name of the courier company/delivery driver/vehicle registration and the date of collection. Items can only be collected between 9.00am and 4.30pm Monday-Friday. Items being collected by a courier that You have arranged need to be checked and signed for by the courier on collection as being received as described on Our listing before we pack/load them. We do not accept any returns due to damage when You arrange your own courier to collect from us. We advise You take out insurance on all item(s) collected from us by Your own courier.
• We will not be responsible for any losses arising as a result from any delays in making goods available for collection.
12. Product Descriptions
• We make every effort to describe and display as accurately as possible Our products. We cannot however, guarantee that the display of any colour on your viewing media will accurately reflect the actual colour of the specific product.
• We will endeavour to describe any significant cosmetic damage that would be visible to the surface of the item after it has been installed. The specific marking or damage is not always possible to be described in the case of items bought in an auction or “buy it now” listing of multiple available items. Any cosmetic damage will not affect performance or warranty.
• Whilst We try to be as accurate as possible, all sizes, weights and measurements stated are approximate.
• The products We sell have been designed to comply with the health and safety laws of the UK and we cannot warrant or represent that they comply with any health, safety or other legal requirement outside of the UK.
• Images on our website or E-Commerce sites (e-bay) have either been made accessible by suppliers, manufacturers, publications, publicists, or been gathered from public-domain sources. We cannot guarantee the reliability or the accuracy of the images.
• Images on our sites are for the purpose of giving an indicative description of the goods. Full detailed specifications are available from the manufacturer's brochures or their websites. We will supply the product as supplied to us by the manufacturer.
Please note: With some of our graded and ex-display products, non-essential items such as fixing screws, spanners, seals, templates, recipe books etc that do not affect performance and functionality may not be included. Contact us if you want us to clarify what may or may not be included with any products we have available.
13. Data Protection and Privacy Statement
• Protecting your privacy is important to Us. We will only use the information that We collect about You lawfully (in accordance with the relevant Data Protection Act legislation). We collect information about You to process and fulfil Your order, and to provide You with the best possible service. We will never collect sensitive information about You without Your express consent. The information We hold will be accurate and up to date. You can check the information that We hold about You by emailing us. If You find any inaccuracies, We will delete or correct it promptly.
• From time to time industry regulators and our auditors may require us to disclose some or all of the information for legal or regulatory purposes.
• You have the right to see any data that We hold about You and to object at any time to the use of Your data. We hold data to primarily validate delivery details and manufacturer warranties. We may, at a future date, wish to contact You with selected product offers, which We think may be of interest to You. If You would prefer not to receive such offers or wish to know what data We hold, please write to our Customer Service Department, at Neptune House, Upper Trinity Street, Birmingham, B9 4EG and request this information.
