EU Registered Design No. 002544171

UK patent pending GB1602578.5

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Sale from website terms

1. Introduction

These terms and conditions shall govern the sale and purchase of products through our website. By using our website, you accept these terms and conditions in full. If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions. This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. Interpretation

In these terms and conditions:
(a) “we” means Wire on Wire Ltd; and
(b) “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.

3. Order process

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3. To enter into a contract through our website to purchase products from us, the following steps must be taken: When you place an order to purchase a product from our website, we will send you an acknowledgement to the e-mail address you have supplied confirming receipt of your order and containing details of the order. Your order represents an offer to us to purchase a product which is accepted by us when we send an e-mail to you confirming that your order has been dispatched.

4. Products

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5. Prices

5.1 Our prices are quoted on our website in UK Pounds Sterling. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are not subject to VAT.

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6. Payments

6.1 Payments may be made by any of the permitted methods specified on our website from time to time. We accept cheques and bankers’ drafts as forms of payment, which must fully clear our bank account before your order is dispatched.

6.2 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.3.

7. Delivery policy

7.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 10 working days following the date of the order confirmation.

7.3 if your delivery address is on the United Kingdom mainland, we will use Royal Mail Special Delivery but we reserve the right to use other couriers if we decide our delivery service is better served by such a service. The typical period for delivery of products using Royal Mail Special Delivery is next day from the day of dispatch.

7.4 The delivery periods set out in this Section 7 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.

7.5 We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.

Geographical limitations

7.6 We will usually be able to deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland.

7.7 We may from time to time agree to delivery products to other countries and territories. If you live outside the UK mainland you will be required to pay extra for delivery and shipping. We may be unable to deliver to some locations.

Delivery charges

7.8 Our delivery charges are as follows: Free delivery for UK mainland orders over £100. For UK mainland orders under £100 there is a flat rate delivery charge of £5. If you live outside the UK mainland you will be required to pay extra for delivery and shipping. Any delivery charge will be notified to you before the contract of sale comes into force.

7.9 Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.

Delivery tracking

7.10 Delivery tracking is available in respect of all orders for our products.

Receipt and signature

7.11 All deliveries must be received in person at the delivery address, and a signature must be provided.

7.12 Our delivery service provider will notify you in advance of attempting to make a delivery requiring signature.

Additional deliveries

7.13 If an initial delivery attempt is unsuccessful, our delivery service provider will make at least 1 more attempt to deliver the products in your order.

Collection

7.14 If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.

Delivery problems

7.15 If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.

7.16 If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).

7.17 An indicative list of the situations where a failure to deliver will be your fault is set out below:
(a) you provided the wrong address for delivery;
(b) there is a mistake in the address for delivery that was provided;
(c) the address for delivery is not reasonably accessible;
(d) the address for delivery cannot safely be accessed;
(e) if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
(f) if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

7.18 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

8. Returns policy

8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
(a) You can contact us any time for a return code up to 60 days after receiving your purchase for a full refund if you are not completely satisfied. All we ask is that you keep the cable in good condition and adopt a fair usage frame of mind ensuring there is no damage to the cable beyond the usual minimal wear and tear you would expect when using the cable in accordance with our user's manual. Please note the cable must be returned in its original packaging (including accessories and sales receipt) for a full refund. We can't extend this offer to custom made items (items not on our website);
(b) you comply with the procedure set out in this policy in relation to the return of the product; and
(c) none of the exclusions set out in this policy apply.

Returns procedure

8.3 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.

8.4 Products returned under this policy must be sent by Royal Mail Special Delivery or any other postal service we consider appropriate based on your geographical position and you must ensure that there is sufficient insurance to cover any damage or loss that may be sustained in transit.

8.5 You will be responsible for paying postage costs associated with returns under this policy.

8.6 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

8.7 We will not refund to you the original delivery charges relating to the returned product.

8.8 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.9 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.

Improper returns

8.11 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

8.12 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

9. Warranties and representations

9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.

9.3 If a product fails due to defect in material or workmanship, we will replace or repair the product (at our option) without additional charge to the original purchaser. The purchaser must inform us of the problem in writing at our contact address within 10 working days of delivery of the goods in question.

9.4 The warranty is void if the product has been misused, neglected, improperly installed or damaged due to accident.

9.5 The warranty is void if the product has been altered, modified or tampered with in any way. This in includes attempts to repair defective products in any way and after sale treatments such as burn-in devices or deep freeze cryogenic treatment.

9.6 The warranty is void if the product has been used for any other purpose than that for which it was intended.

9.7 If the product is faulty under the terms listed in 9.3 it must be returned to us at the customer’s expense with adequate insurance to cover any damage or loss, which might be sustained in transit.

9.8 Products returned to us must be accompanied with a written letter describing the defect and the original sales receipt.

9.9 The warranty applies to the original purchaser of the product and can’t be transferred to a third party.

9.10 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10. Limitations and exclusions of liability

10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11. Order cancellation

11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract.
(b) we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, inability to deliver to your area, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

11.2 If we do cancel your order your account will be re-credited in total as soon as possible but within 20 working days of your order.

11.3 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, at any time from the date of your order placement to the end of fourteenth day from the date of delivery. You do not have to give any reason for cancelling your order nor will you have to pay any penalty. You may not be able to cancel your order for any items that are non-standard items (ones that are not listed on the website) that have been custom made for you, or that we are in the process of making for you.

11.4 Should you wish to return products to us you will have to bear the cost of return postage and must ensure that there is sufficient insurance to cover any damage or loss that may be sustained in transit.

12. Variation

We may revise these terms and conditions from time to time by publishing a new version on our website. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

16. No waivers

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

17. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

Subject to Section 10.1, these terms and conditions, together with our Privacy policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and the use of our website and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products and the use of our website.

20. Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

21. Statutory and regulatory disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. These terms and conditions are available in the English language only.

22. Our details

We are not registered for VAT. This website is owned and operated by Wire on Wire Ltd. We are registered in England and Wales under registration number 9544193, and our registered office is at 2 Mospey Crescent, Epsom, Surrey, KT17 4LZ. Our principal place of business is at the same address. You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website from time to time or by email to the email address given on our website from time to time.

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