Terms & Conditions
Butlerbus Technik Limited – Terms & Conditions of Sale
Who we are and how to contact us
We are Butlerbus Technik Limited a company registered in England and Wales. Our company registration number is 03687075 and our registered office is at Aubourn Enterprise Centre, Bridge Road, Aubourn, Lincoln, LN5 9FD. Our website is www.butlertechnik.com. Our VAT number is GB716632929.
You can contact us by writing to our Customer Service Team at Aubourn Enterprise Centre, Bridge Road, Aubourn, Lincoln, LN5 9FD or sales@butlertechnik.com.
Where to find information about us and our products
You can find everything you need to know about us and our products on our website before you order. We also confirm the key information to you in writing after you order by email.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
If you are a business customer this is our entire agreement with you
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 us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order and then we contact you to confirm we’ve accepted it.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order
Unless agreed otherwise with you, we take payment in full for your product at the point of placing your order. You will own and be responsible for loss or damage to a product once we have received payment in full and delivered it to you.
If you are a business customer you have no set-off rights
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).
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial and you are a consumer then you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
Products can vary slightly from their pictures
A product’s true colour may not exactly match that shown on your device or in our marketing, and its packaging may be slightly different.
You’re responsible for making sure your measurements and information supplied are accurate
If we’re making or supplying the product to measurements you provide, or putting together a package based on your description of your needs, you’re responsible for making sure those measurements and descriptions are correct.
We charge you if you don’t give us information we need
We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery. For example, we might need to re-deliver on another vehicle or with extra manpower.
If you are a consumer and you bought online, you have a legal right to change your mind
Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can’t change your mind
You can’t change your mind about an order for:
• Goods that are made to your specifications or are clearly personalised
• Goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind
If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know
To let us know you want to change your mind, contact our Customer Service Team or complete the Model Cancellation Form available on our website.
You have to return the product at your own cost
You have to return the product (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can:
• Arrange to bring the product to us by contacting our Customer Service Team. You will need your email receipt and the card you paid with; or
• Send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at
all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted, please contact our Customer Service Team.
We only refund standard delivery costs
We don’t refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we’re likely to reduce your refund.
When and how we refund you
We refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
You have rights if there is something wrong with your product.
Return the product to us
If you think there is something wrong with your product, you must contact our Customer Service Team to arrange returning it to us for inspection.
Your rights and remedies if you are a consumer
We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
• Up to 30 days: if your goods are faulty, then you can get a refund.
• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your rights if you are a business. We warrant that on delivery, and for a period of either 12 months (for parts and accessories), 24 months (for whole heaters), or 36 months (for whole heaters where you purchase the additional warranty period separately from us), in each case from the date of delivery (warranty period), any products which are goods 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)
• Be fit for any purpose held out by us.
Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) 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 business customer warranty (see Your rights if you are a business)
• We are given a reasonable opportunity of examining such product
• 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 and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
Exceptions to warranty. We will not be liable for a product's failure to comply with the warranty if:
• You make any further use of such product after telling us it is non-compliant;
• The defect arises because it was not installed by a competent and suitably qualified person;
• The defect arises because the installer failed to follow the manufacturer’s 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 because we followed any drawing, design, information or specification supplied by you;
• You alter or repair the product without our written consent; or
• The defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
We can change products and these terms. Changes we can always make. We can always change a product:
• To reflect changes in relevant laws and regulatory requirements;
• To make minor technical adjustments and improvements, for example to address a safety risk; and
• To update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
We can end our contract with you for a product and claim any compensation due to us if:
• You don't make any payment to us when it's due and you still don't make payment within 3 days of our reminding you that payment is due;
• You don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
• You don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.
We don't compensate you for all losses caused by us or our products
Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control.
• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a
free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:
• 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 revenue, loss of contracts, losses under your third party contracts, (in each case whether direct or indirect), or
any indirect or consequential loss arising under or in connection with any contract between us
• 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 the total sums paid by you for products
under such contract.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
• Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable)
• Fraud or fraudulent misrepresentation;
• 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
• Defective products under the Consumer Protection Act 1987
• Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
No implied terms about goods
Except to the extent expressly stated in Your rights if you are a business, we exclude 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.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Policy.
You have several options for resolving disputes with us:
• Our Customer Services Team. Our Customer Service Team will do their best to resolve any problems you have with us or our products. Please contact them to discuss your issue.
• You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us
in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to
the exclusive jurisdiction of the English courts.
Other important terms apply to our contract:
• We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our
Customer Service Team to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
• You can only transfer your contract with us to someone else if we agree to this. You need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
• Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
• If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
• Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Updated September 2022
