Weschenfelder Direct Limited Terms and Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by placing an order with us, you will automatically be deemed to have agreed and accepted these Terms.
Please note that we amend these Terms from time to time. These Terms were most recently updated on 25/09/2015
1. ABOUT US
1.1 We operate the website www.weschenfelder.co.uk. We are Weschenfelder Direct Limited (Company), a company registered in England and Wales under company number 08747113 and with our registered office at 12 Carrick Court, Forest Grove Business Park, Middlesbrough, Cleveland, TS2 1QE. Our main trading address is as above and our VAT number is 174483388.
1.2 If you are a consumer and wish to contact us in accordance with any of your legal rights as set out below, please contact us by e-mail at email@example.com; by telephone on 01642 241395; or by post to 12 Carrick Court, Forest Grove Business Park, Middlesbrough, Cleveland, TS2 1QE. If you contact us by email or in writing, please include details of your order number to help us to identify the order.
1.3 If you wish to contact us for any other reason, you can contact us by telephone on 01642 241395 or by e-mailing us at firstname.lastname@example.org.
1.4 If you are a business, you may contact us by telephoning our customer service team at 01642 241395 or by e-mailing us at email@example.com.
1.5 Please note that any formal notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, on the second Business Day after posting or if sent by e-mail, one Business Day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
1.6 If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your order.
2. OUR PRODUCTS
2.1 The images of the Products and packaging on our site are for illustrative purposes only and may vary slightly from those images.
2.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the Website. 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 in our price list, we will contact you for your instructions before we accept your order. 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 and require the return of any goods provided to you.
2.3 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
2.4 If you are a business, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
2.7 You and we agree that neither of us shall have any claim for innocent misrepresentation or negligent misstatement based on any statement in this Contract.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Our online shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to add Products to your online shopping cart and to input the quantity you wish to order. Please take the time to read and check your order at each stage of the order process.
3.2 Please check and amend any errors in the online shopping cart before submitting your order to us. Please note that it is at the discretion of the Company to offer an exchange or refund in connection with incorrect orders placed by a customer, subject to consumers right to cancel as referred to below.
3.3 Any order submitted (whether by post, telephone or email) is confirmation that you have accepted these terms and conditions. Our acceptance of your order will take place when we send our written acceptance to you by post or email, at which point a contract will come into existence between you and us. We will assign you with an order number which should be quoted whenever you contact us regarding the order.
3.4 We will proceed to send you further written communication confirming that the Products have been dispatched (Dispatch Confirmation).
3.5 If we are unable to supply you with a Product, for example because that Product is not in stock; no longer available; or through other means outside of our control, we will inform you of this by e-mail; post; or by telephone, as soon as is reasonably practicable. The Company will proceed to offer you the option of accepting a suitable replacement Product or alternatively proceed to cancel your order. If you have already paid for the Products and wish to cancel the order, the Company will refund you the full amount including any delivery costs charged, as soon as reasonably practicable.
3.6 Please note that our Products are not sold nor offered on a trial basis.
4. OUR RIGHT TO VARY THESE TERMS
4.1 We reserve the right to amend these Terms from time to time, and as the Company see fit. Please revert to the top of this page to see the date the current Terms were implemented.
4.2 Please note that every time you order Products from us, the Terms in force at the time of your order will apply to the Contract in force between you and us. Please note that any amendments to our Terms do not affect a customer’s statutory rights.
4.3 We reserve the right to revise the Terms which apply to your order from time to time, to reflect the following circumstances:
(a) any changes in relevant laws and regulatory requirements; and/or
(b) any changes as agreed by both parties.
4.4 If we have to revise the Terms which apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract should you not wish to accept the changes. You may cancel the Contract in respect of either affected Product products received (as long as they remain unopened and/or unused at the time the change comes into effect) and/or Products which you are yet to receive.
4.5 If you opt to cancel the Contract, you will be under an obligation to return the Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. Please note that it is at the discretion of the Company to offer refunds in respect of any Products that have already been opened or used.
5. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause only applies if you are a consumer.
5.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your legal right to cancel a Contract starts from the date an order is submitted and accepted in writing by us (i.e. the date on which we email you to confirm our acceptance of your order). This is when the Contract between us is formed. Your deadline for cancelling the Contract depends on what you have ordered and how it is delivered as set out as follows:-
Contract End of the cancellation period
Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with written acceptance of your order on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Contract is for either a single Product or multiple Products, which are delivered in various instalments on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Confirmation Email on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period. The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Confirmation Email on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
5.2 During the relevant cancellation period which applies (as specified above), if you change your mind or decide that you do not want to receive or keep a Product, you must notify us immediately of your decision to cancel the Contract and request a refund. Please note that it is at the discretion of the Company to offer refunds or replacement Products in respect of Contracts which are not cancelled within the relevant cancellation period as stipulated by current statute.
5.3 Please note that the cancellation right does not apply in the case of:
(a) any consumable Products of which the protective packaging has been opened or broken;
(b) any machinery, equipment or utensil which has been unsealed from its original packaging; and/or
(c) any Product which has become mixed inseparably with other items after its delivery.
5.4 If you cancel your Contract in accordance with your rights Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we will:
(a) refund you the price you paid for the Products (subject to any reduction in the value of the goods if this has been caused by your handling of them); and
(b) refund any delivery costs you have paid;
(c) make payment of any refunds direct to the credit or debit card used to purchase the Product (or through any other payment method as appropriate from time to time) as soon as possible, and in any event within;
(i) 14 days after the day on which we receive the Product back from you; or
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
5.5 Please note that if you cancel your Contract in accordance with your rights under this clause, you will be responsible for the delivery charges incurred in respect of returning the Product to us. However, in circumstances where you have returned the Product to us because it is faulty, the Company will refund the price of the Product in full, together with any applicable delivery charges in returning the item to us.
5.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you cancel the Contract. Alternatively, in certain circumstances, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us unless the Company agrees otherwise.
5.7 To cancel a Contract in accordance with your legal right to do so, please inform us immediately as soon as you have decided to cancel. Please contact us by e-mail at firstname.lastname@example.org; by telephone on 01642 241395; or by post to 12 Carrick Court, Forest Grove Business Park, Middlesbrough, Cleveland, TS2 1QE, marked for the attention of Rob Weschenfelder. If you contact us by email or in writing, please include details of your full name, address and order number to help us to identify the order. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. Please note that all cancellations must be made within the time period specified above.
5.8 Please note that in addition to your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, there are additional rights as a consumer under the Consumer Rights Act 2015. 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.
5.9 You have a legal right to end the Contract if the Product you have bought is faulty or misdescribed. You will be entitled to get the Product repaired; replaced; or to a partial or full refund. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.
5.10 You will also have a legal right to end the contract because of something we have done or have told you we are going to do in certain circumstances. If you are ending a Contract for a reason set out at (a) to (e) below, the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation in the following circumstances:-
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of an Event Outside Our Control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late should this have been agreed as a specific term of the Contract).
6. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and make all reasonable attempts to perform our obligations as soon as is reasonably practicable. Please note that you may cancel a Contract affected by an Event Outside Our Control in accordance with clause 5.10.
7.1 The cost of delivery will be clearly displayed to you on our website. Please check this cost before submitting the Order.
7.2 We will deliver the Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We will proceed to send you Dispatch Confirmation when the Product has been dispatched. Occasionally our delivery to you may be affected by an Event Outside Our Control.
7.3 Delivery of an Order shall be completed when the Products are delivered to the address you gave us. Legal title of the Products automatically passes to you once we have received payment in full. Any risk of damage or loss in connection with the Products will be the responsibility of you immediately upon delivery.
7.4 If you are a consumer and we miss a delivery deadline (which had previously been agreed in writing between the parties) for any Products, then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within a delivery deadline (which had been agreed in writing prior to the order being accepted and Contract being formed) was essential taking into account all the relevant circumstances; or
7.5 If you do not wish to cancel your order straight away, or do not have the right to do so, as specified above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
7.6 If you do choose to cancel your Order for late delivery (in accordance with clause 7.4 or 7.5), you are entitled to do so for some or all of the Products, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will be under an obligation to return them to us or allow us to collect them. We will pay reasonable costs in the return of such Products and will refund any sums for the cancelled Products and their delivery.
7.7 The Company will not be liable for any loss or damage to Products on their return to us in transit. Any issue must be reported to the delivery courier as soon as is reasonably practicable.
7.8 If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 8.30am until 4.30pm on weekdays (excluding public holidays).
8. INTERNATIONAL DELIVERY
8.1 We deliver to countries outside of the UK. Before placing your order, please be aware of the applicable restrictions for certain international delivery destinations and check which restrictions may apply to the delivery address in respect of each Order. If you order Products from our site for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that the Company have no control over these charges and cannot estimate their amount. You will be responsible for payment of any such import duties and taxes and the Company will borne no liability whatsoever as to the applicable duties and taxes which may become due. Please contact your local customs office for further information before placing your order.
8.2 Please note that you must comply with all applicable laws and regulations of the country for which the Products are destined. The Company will not be liable or responsible if you break any such laws or regulations in respect of the Products ordered and/or delivered.
8.3 If you are a consumer, please see clause 5 for your right and return of refund.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct and up to date. Prices for our Products may change from time to time, but changes will not affect any order you have already placed. Please note that any quote that is out of date will need to be reconfirmed prior to an Order being placed.
9.2 The price for the Products will be subject to VAT (unless specified), at the applicable current rate chargeable in the UK (unless otherwise stated). Please note that if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.
9.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you as soon as reasonably practicable to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions.
10. HOW TO PAY
10.1 You can pay for Products using a debit card or credit card; PayPal; cheque or by BACS transfer to the Company’s bank account. Please note that any bank transfer or administrative charges which are incurred are the responsibility of the buyer.
10.2 Payment for the Products and all applicable delivery charges is to be made in advance at the time the Order is submitted unless alternative payment terms are agreed with the Company. The Company will take payment for the Product when the Order is processed and complete.
10.3 In some circumstances, the Company may offer credit, whereby payment is to be made strictly in accordance with the terms agreed in writing between the parties and in any event no later than 30 days from the date of delivery of the Products. An invoice will be supplied by the Company accordingly. Please note that if any payments become overdue, the Company will charge interest on the outstanding amount due at the rate of 2.5% per month.
11. MANUFACTURER GUARANTEES
Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. Please note that if you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
12. OUR WARRANTY FOR THE PRODUCTS
12.1 For non-consumable Products which do not have a manufacturer's guarantee, we provide a warranty for a period of 12 months from delivery and the Products shall be free from material defects. Please note that this warranty does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
12.2 This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. OUR LIABILITY IF YOU ARE A BUSINESS
13.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
13.2 We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue; loss of business opportunity; loss of goodwill; or any indirect or consequential loss.
13.3 Please note that our total liability to you in respect of all losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product.
13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. OUR LIABILITY IF YOU ARE A CONSUMER
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.
14.2 We only supply the Products for domestic and private use. Should you proceed to use the Products for any commercial, business or resale purposes, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Please note that we do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by the applicable statute at the time the Contract is formed.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 We will use the personal information you provide to us:
(a) to supply the products to you;