Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE WOULD LIKE TO HIGHLIGHT YOUR RIGHTS OF RETURN AND CANCELLATION AS STIPULATED IN CLAUSE 8 AND AND THE LIMITATIONS OF OUR LIABILITY OUTLINED IN CLAUSE 9.
Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Golita & Sons Ltd, located at 158 Market Street, Farnworth, BL4 9AE (hereinafter referred to as "we" and "us") to the customer (hereinafter referred to as "you"). Our VAT number is 185 9985 21.
1.2 All orders placed by you and all purchases of goods from us, whether completed in-store, via telephone, through our website, or by any other means we may allow, shall be based on these Terms and Conditions and are subject to our acceptance. Acceptance occurs either (i) upon the delivery of goods to you, or (ii) when we provide the purchased goods to you at the trade counter. At this point, a legally binding contract between you and us is established.
1.3 These Terms and Conditions are subject to modification from time to time. The current Terms and Conditions can be accessed online at golitaandsons.com and shall govern orders placed by you as well as the supply of goods to you.
1.4 The processing of your payment and the acknowledgment of your order, including the sending of an email confirming that your order is being processed, do not constitute legal acceptance of your order.
Ordering
2.1 On our website, individuals may initiate a purchase by following the on-screen prompts after selecting the desired product. Users will have the opportunity to review and amend any errors present in their order until they click the “Place order and pay” button on the checkout page.
2.2 All orders placed and purchases made by users are contingent upon our acceptance, as outlined in clause 1.2. We retain the discretion to decline any order or purchase for any reason, and we shall not be liable to the user or any third party in such circumstances.
2.3 Upon acceptance of an order, we are legally obligated to provide goods that comply with these Terms and Conditions.
Price and Payment Terms
3.1 The price for the goods you order or purchase is specified on our website at the time of the order submission, in addition to any applicable delivery charges. All prices include the prevailing VAT rate unless otherwise indicated.
3.2 Our website offers a diverse selection of products, and despite our diligent efforts, there may be instances where products are incorrectly priced. Typically, we will verify prices during the dispatch process. If the correct price of a product is lower than the stated price, we will charge the lower amount upon dispatch. Conversely, if the correct price is higher, we will, at our discretion, either contact you for further instructions prior to dispatch or cancel your order and notify you of the cancellation.
3.3 Occasionally, we may promote goods at a discounted price. To avail yourself of such promotions, it is essential to enter the appropriate promotional code; otherwise, you may be charged the full price.
3.4 Errors may occasionally occur, resulting in products being priced or described incorrectly. In such cases, we hold no obligation to supply the goods at the incorrect price or description. We reserve the right to rectify such errors as necessary. We may either cancel your order and refund the amount paid or attempt to contact you to ascertain whether you wish to process the order at the correct price or description. If we are unable to contact you or if you opt not to proceed with the order at the correct terms, we will cancel the order and refund the payment received.
3.5 Full payment for the goods ordered, including any applicable delivery charges, must be received prior to processing your order, unless an alternative arrangement has been agreed upon in writing.
3.6 We are under no obligation to provide a product at an incorrect (lower) price, even after a Dispatch Confirmation has been sent, should the pricing error be evident and reasonably identifiable by you as a mispricing.
3.7 For online orders, payment may be made using most major credit or debit cards or via PayPal by providing the requisite details on the checkout page.
3.8 By utilizing a credit or debit card for payment, you affirm that the card being used is owned by you or that you are duly authorized to use it.
3.9 All credit and debit card holders are subject to validation checks and authorization by the respective card issuer. Should the issuer decline authorization for payment, we will not accept your order and are not obliged to provide you with the reasons for such refusal. We bear no responsibility for any fees incurred by the cardholder arising from our processing of your payment.
3.10 We advise against sharing your payment card details or passwords with any party, including our organization, via email. Subject to clause 9.5, we cannot accept responsibility for any losses incurred while transmitting information through internet links or email. Any such losses are solely your responsibility.
3.11 If you are a trade customer, you bear responsibility for all orders placed by your employees as well as for any purchases made using cards issued to you. We are not bound by any individual order limits imposed by you on your employees.
3.12 If you are a trade customer, you shall not withhold payment of any invoice or any amount due to us by virtue of any right of set-off or counterclaim that you may assert or allege.
3.13 We reserve the right to offset any debts or claims we may have against you against any sums payable to you.
3.14 The format of our invoices and statements to you shall be determined exclusively by us.
Delivery & Title
4.1 Unless the customer opts to collect the goods from one of our trade counters, which includes utilizing our Click & Collect or Call & Collect services, we endeavor to deliver the goods in alignment with the specified order, typically within 30 days from the date an order is placed. This commitment is subject to exceptional circumstances as outlined in clause 12 and is also governed by clauses 6 and 12. We reserve the right to deliver the order in installments through separate shipments.
4.2 Prior to placing an order, it is advisable for the customer to review the delivery options available on our website to ensure our capacity to deliver to the specified address. A valid signature may be required upon delivery or collection. In the unlikely event that the customer does not receive all goods within the designated delivery timeframe, prompt notification to us is required. We strongly recommend that the customer refrains from scheduling or commencing any installation work until the complete order has been received and verified for suitability and the absence of defects or missing components.
4.3 For reasons pertaining to health and safety, as well as to mitigate potential property damage, goods will only be delivered to the exterior of a ground floor location at the delivery address. Should the relevant item require transport from the delivery location, the customer must make their own arrangements at their own risk. We do not provide unpacking, installation, fitting, or waste removal services upon delivery unless explicitly agreed in writing.
4.4 The customer is required to take all reasonable measures to facilitate delivery at the specified time and place. If the delivery is delayed or fails due to the actions of the customer, we will make efforts to arrange an alternative delivery date within 30 days. However, if failure to deliver results from circumstances within the customer's control, they shall bear the cost of any re-delivery. In instances where we are unable to arrange a re-delivery date, we reserve the right to cancel the order and refund the total amount paid for the goods.
4.5 Upon delivery to the customer or collection by the customer, the responsibility and risk associated with the goods shall transfer to the customer. The title of the goods will not pass to the customer until the total price has been paid in full, along with any overdue amounts owed to us. Until such time as the title transfers, the customer shall: (i) refrain from using the goods; (ii) securely hold the goods on our behalf; (iii) promptly return the goods upon our request; and (iv) assume liability for any loss, damage, or destruction of the goods. Furthermore, until ownership is transferred, the customer shall store the goods at their own expense, distinctly separating them from other goods in their possession and clearly identifying them as our property. The customer grants us an irrevocable right to enter their premises, with or without vehicles, for the purpose of inspecting or repossessing the goods if necessary.
Click & Collect / Call & Collect
General Terms
5.1 The provisions set forth in this clause 5 apply to "Click & Collect" and "Call & Collect" orders.
5.2 These services are available for all items designated as “Store Collection” on our website.
Ordering Process
5.3 In accordance with clause 1.2, the acceptance of your order and the establishment of a contract between the parties will occur when the purchased goods are handed over to you at the trade counter.
5.4 Should you require the cancellation of your order after submission, please contact us at 01204 579977.
5.5 Prior to placing your order, you will be required to confirm the trade counter from which you wish to collect the item. It is imperative that you collect the item from the designated trade counter.
5.6 Each order for goods shall be regarded as an offer made by you to purchase the items, subject to these terms and conditions.
5.7 Comprehensive product details are available in the manufacturer’s brochures or on their websites. All accessories included with a product may be subject to modification or enhancement at the manufacturer's discretion. We will supply the product as provided to us by the manufacturer.
5.8 Items are available for collection exclusively during the normal operating hours of the selected trade counter, as specified on our website.
5.9 An in-store verification will be conducted prior to the collection of your goods. In cases where payment was made via credit or debit card, this will necessitate the insertion of the card used for the transaction into the chip and PIN machine, accompanied by the entry of your personal identification number. Therefore, it is essential to bring the card with you when collecting your goods.
5.10 Should your payment details be unverifiable for any reason, we will notify you and may offer alternative payment methods. It is important to note that the products, prices, and promotions available in our physical stores may differ from those listed on our website.
Availability
6.1 All goods are subject to availability. While we diligently endeavor to maintain sufficient stock levels to meet all orders and purchases, should we find ourselves with inadequate stock to fulfill or deliver the items you have ordered and for which you have made payment, we will make every effort to contact you using the information you have provided. This communication will allow us to ascertain your preferred course of action. At our discretion, we may proceed with the fulfillment of any portion of your order that is available. In instances where certain goods are out of stock, we will process a refund for the price paid for those items as promptly as possible, and under all circumstances within 14 days. For customers with accounts, we may, at our discretion, issue a credit to offset the invoiced amount.
6.2 We are committed to ensuring that we have adequate stock to fulfill the needs of our customers. To uphold this commitment, we may implement restrictions on the sales of specific products from time to time. In circumstances where we anticipate that demand may exceed supply, we reserve the right, at our sole discretion, to amend your order by imposing limits on the quantity or number of goods that you may purchase. Such limitations may be applied to a single order or across multiple orders, and you will be notified of any restrictions at the time of order placement, prior to delivery or collection, or at the point of collection.
Manufacturer's Warranties & Guarantees
7.1 All of our products are accompanied by a manufacturer’s warranty, guarantee, or a similar form of assurance. Any complaints, inquiries, or claims pertaining to the manufacturer’s warranty, guarantee, or similar assurance must be directed to the manufacturer. We assume no responsibility or liability in connection with such warranties, guarantees, or assurances.
7.2 The manufacturer’s warranty, guarantee, or similar assurance complements your legal rights, particularly if you are a consumer.
7.3 Certain products may offer an extended manufacturer’s warranty. Please note that registration of this warranty may be required within 28 days of purchase; refer to the product documentation for additional information.
Cancellation, Returns & Refunds
Cancellation Policy
8.1 Customers are entitled to cancel their orders and return purchased items by providing notice of cancellation within 14 days of the delivery date or the collection from a trade counter, as applicable. If the goods are already in the delivery process at the time we receive the notice of cancellation, the customer may be required to accept delivery of the items prior to cancellation. In instances where an order consists of multiple shipments, the 14-day cancellation period shall commence from the date of delivery of the final shipment.
8.1.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, customers possess the right to cancel orders up to 14 days following receipt of the goods.
8.2 The right to cancel an order shall expire upon the conclusion of the 14-day period specified in clause 8.1. However, this expiry does not impact any rights related to issues with the goods.
8.3 To exercise the right of cancellation, customers may communicate their decision via post, telephone, or electronic mail, utilizing the contact details provided in clause 15. Alternatively, cancellation may be executed in person at a trade counter. While customers may opt to use the model cancellation form available at www.golitaandsons.com, it is not obligatory. In cases where the cancellation is prompted by a problem with the goods, notification of such issues should accompany the cancellation.
8.4 Upon cancellation for any reason, customers who have received the goods must return them (along with the original packaging) to us expeditiously and, in all cases, within 14 days following the cancellation. The cost of return will be borne by the customer, unless otherwise agreed upon, in which case the customer must follow the manufacturer's instructions for disposal of hazardous goods. All components, promotional items received (including gifts), and any discounted additional products must be returned. For further information regarding the return process, please refer to our guidelines.
8.5 Subsequent to cancellation and subject to clause 8.7, refunds will be issued for the price paid for the canceled order (or the portion of the order that has been canceled). In cases where the entire order is canceled, standard delivery charges will also be refunded (or an equivalent amount if a more expensive delivery method was selected). However, delivery charges will not be refunded if only part of an order is canceled. Refunds will be processed within 14 days following either:
8.5.1 notification of cancellation where goods have not yet been received; or
- 8.5.2 receipt of the returned goods; or
- 8.5.3 provision of proof of return for items that have been sent back but not yet received by us.
8.6 Refunds will be provided using the same method of payment utilized for the original transaction.
8.7 We reserve the right to withhold refunds, or to deduct from the refunded amount, in cases where the returned goods exhibit signs of unreasonable use. Unreasonable use is defined as handling that exceeds what is necessary to establish the nature, characteristics, and functioning of the goods. Refunds may be withheld until we have received the goods or proof of return is submitted.
8.8 The right to cancellation does not apply to goods that are cut or mixed to individual specifications, produced to order, or personalized in a clear manner (for example, made-to-order radiators, "SPECIAL" order, mixed paints, keyed locks, or embroidered items). Additionally, this right does not extend to goods that are not suitable for return due to health protection or hygiene reasons (such as water pumps, toilets, and macerators) if the product packaging has been opened. Likewise, boilers, boiler parts, or spares that have had their packaging opened are not eligible for return or refund.
8.9 In the event that a customer cancels an order for a product delivered directly from our supplier, they should contact us to facilitate the collection by the supplier. Some collections may incur a charge, which will be determined based on the nature of the returned goods, with a maximum fee of £100.
Faulty Goods
8.10 In instances where goods are returned due to faults or discrepancies, we shall cover the cost of return delivery. It is requested that customers allow us to designate the carrier for returns. The right to return goods under these circumstances is not limited to the 30-day period described in clause 8.1.
8.11 Notwithstanding the general right to cancellation specified in clause 8, customers retain the right to reject goods if they inform us of a problem within 30 days of delivery or collection.
8.12 If an item malfunctions more than thirty days after delivery or collection, we may offer a repair or replacement of the item, or alternatively, provide a price reduction or refund. The Consumer Rights Act 2015 stipulates that goods must be as described, fit for purpose, and of satisfactory quality throughout their expected lifespan. Should a repair be necessary and the manufacturer has established a helpline, repair service, or warranty, we may require you to contact the manufacturer directly, or we can assist you in this process. In instances where no such service or warranty is available for the product, we will generally offer a repair. If a repair is not feasible, we will provide a replacement with the same model or an equivalent alternative.
Legal Rights as a Consumer
8.14 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
Liability
Revised Terms and Conditions
9.1 When consumers purchase goods from us, defined as individuals acting outside the scope of their business, trade, or profession, we accept no liability for any:
- 9.1.1 Loss that is not foreseeable. A loss is deemed foreseeable if it results as an obvious consequence of our breach or if it was contemplated by both parties at the time of entering into the contract;
- 9.1.2 Loss arising when we are not at fault or in breach of these Terms and Conditions; and
- 9.1.3 Business losses, which include loss of profits, loss of business, contracts, goodwill, business opportunities, and other similar losses, as well as any interruptions to business operations.
9.2 In the case of trade customers, we shall not be liable to provide compensation (whether in contract, tort, including negligence, breach of statutory duty, or otherwise), except for any refund that may be issued under these Terms and Conditions or at our discretion.
9.3 Without prejudice to clause 9.2, if you are classified as a trade customer, we shall not be liable (whether in contract, tort, including negligence, breach of statutory duty, or otherwise) for any:
- (i) Loss of profits, business, contracts, goodwill, business opportunities, or similar losses, or for any interruptions to business;
- (ii) Indirect or consequential losses. Furthermore, we shall not be liable for any other loss that does not constitute a foreseeable consequence of our breach of these Terms and Conditions or our legal obligations.
9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions represent the entire and exclusive agreement between us.
9.5 Nothing in these Terms and Conditions is intended to alter your legal rights as a consumer, nor is it intended to exclude or limit our liability for fraud, fraudulent misrepresentation, or for death or personal injury resulting from our negligence, or for any other liability that cannot be limited or excluded under applicable law.
9.6 The goods are intended solely for use within the United Kingdom, and we cannot guarantee that the goods comply with laws, regulations, or standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations, or instructions provided in the associated documentation.
9.7 If you are a trade customer, and subject to clause 9.5, we shall not assume responsibility for the use or installation of any goods provided to you, nor for any claims made by third parties. Accordingly, as a trade customer, you agree to indemnify and hold us harmless from any liability related to claims or allegations regarding the installation or use of the goods supplied.
9.8 Golita & Sons Ltd are not technical experts in the fields of heating, plumbing, or bathroom installation. For inquiries requiring technical information concerning products, Golita & Sons Ltd is instructed to obtain the necessary information from the manufacturers. All technical advice should be sought via email or by submitting a technical question through our web form. We shall not be liable for any information provided. In the event of a technical inquiry, it is advisable to consult a suitably qualified professional, such as a registered gas installer or a member of the Institute of Plumbing.
Age Requirements for Specific Goods
10.1 When an individual places an order for or purchases age-restricted items, such as solvents, axes, knives, and knife blades, that individual certifies that they are at least 18 years of age. Furthermore, the individual ensures that the delivery will be received by a person who is also over the age of 18. We reserve the right to cancel any order or purchase if it is reasonably believed that the individual does not satisfy the age requirements for these specific goods.
Termination
11.1 We reserve the right to suspend further supply or delivery, halt any goods in transit, or terminate our contract by providing written notice to you in the event that you breach any obligation under this agreement. Additionally, we may take such actions if you are unable to settle your debts as they become due, if proceedings are initiated or are reasonably anticipated to be initiated against you based on allegations of bankruptcy or insolvency, or if an administrator, receiver, or administrative receiver is appointed—or is reasonably expected to be appointed—over all or part of your business and assets. Upon termination of the contract, all payments owed to us, even if not yet due, shall become immediately payable, and we shall have no further obligation to provide goods to you.
Events Beyond Our Control
12.1 The Company shall not be held liable for any failure or delay in the supply or delivery of goods, or for any damage or defects related to the goods supplied or delivered under this agreement, or for any other liabilities arising from circumstances beyond our reasonable control. Such circumstances include, but are not limited to, accidents, extreme weather conditions, fires, explosions, floods, storms, earthquakes, natural disasters, failures of telecommunications networks, inability to utilize transportation networks, mechanical failures, acts of God, terrorist acts, wars, civil disturbances, riots, strikes, lockouts, and other industrial disputes, as well as any actions or restrictions imposed by governmental authorities and limitations on imports or exports.
General
13.1 In the event that any provision of these Terms and Conditions, including any provision that limits or excludes our liability to you, is deemed invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall remain unaffected. This contract shall be governed by and interpreted in accordance with the laws of England.
13.2 All "Was" prices displayed represent the previous higher prices at which the respective products were available for purchase at any of our retail locations.
13.3 All images presented are for illustrative purposes only. Any contents or accessories depicted in the images are not included unless explicitly stated in the product description.
13.4 These Terms and Conditions are applicable to all products sold on this website. All products offered by Golita & Sons benefit from our Returns Policy, and such provisions do not affect your statutory rights.
Contact Details
Should you wish to place an order, cancel an existing order, discuss details related to your order, or submit a complaint concerning your order, please contact us through one of the following methods:
- By Post: Golita & Sons Ltd, 158 Market Street, Farnworth, BL4 9AE
- By Telephone: 01204 579977
- By Email: sales@golitaandsons.com
Please be advised that telephone calls may be recorded for quality assurance and training purposes.
Privacy Policy
15.1 When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety (available at https:/golitaandsons.com or ask in store or phone 01204 579977