Trading Terms

Terms & Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY WILL GOVERN ANY CONTRACT FOR SALE WE ENTER INTO WITH YOU UNLESS OTHERWISE AGREED IN WRITING AND IN ADVANCE. WE SUGGEST THAT YOU PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. ALL TRANSACTIONS INSTIGATED ON THIS WEB SITE ARE CONDUCTED WITH THE WAREHOUSE.COM LIMITED AND ALL PAPERWORK WILL REFLECT THIS. THESE CONDITIONS OF SALE, GOODS RETURN AND PAYMENT TERMS ARE RELATIVE TO TRANSACTIONS CONDUCTED BETWEEN THE WAREHOUSE.COM LIMITED AND PURCHASERS BASED IN THE UNITED KINGDOM AND THE CHANNEL ISLANDS. 1. Our website Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions. 2. Customer Information 2.1 You should always check that the contact information you provide is correct before proceeding to payment. 2.2 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children. 3. Privacy The Warehouse.Com Ltd. takes your privacy seriously. We comply with the Data Protection Act 1998. For further details please see our Privacy Policy. 4. Product Pricing and Title 4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items. 4.2 We reserve the right to alter all product pricing without notice. 4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account. If you default in punctual payment of any sum due or in any other respect we shall be entitled to enter any premises in your occupancy where the goods may then be situated and regain possession. All costs, charges and expenses incurred regaining possession of goods and the collection of monies owed will be borne by you and included as part of the monies owed by you. 4.4 Deliveries will normally only be made to the ground floor of customers' premises, unless agreed in advance and in writing. Deliveries made other than to the ground floor may be subject to extra costs. 5. Your Order 5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order. 5.2 Your offer is only accepted by us once we have despatched your order. 5.3 Product items not included within the despatch email are not included in the order and contract between you and us. 5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. 5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account. 6. Shipping and Customs Duty 6.1 All orders received by us are shipped subject to availability. 6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product. 6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund. 6.4 If you based outside the UK and are ordering a product the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs. 7. Cancellation Rights, Returns and Refunds 7.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 calendar days from the day after you receive your goods. 7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation. 7.3 The product may be examined, but no right of cancellation, refund or return exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once you have used your product, unless the product is defective and you are returning it for this reason. 7.4 No right of cancellation exists for downloaded goods or “softcopy” goods to which you, the customer has instant access to or use of; nor for special order non-stock items or "made-to-order" items, such as those incorporating special colours, designs or other additional non-standard features. (This list of examples is not meant to be exhaustive - if you are not sure whether your item is covered by this clause, contact us before ordering to confirm.) Furthermore, because we cannot guarantee colour accuracy in printed material or on screen, no right of cancellation exists for items ordered that do not match colours indicated in printed material or on screen. We can only accept items back that do not match a colour sample or swatch previously provided before ordering. Finally, no right of cancellation exists for items ordered across different series or brands that do not colour match - although you may find items of the same colour from different series or brands, these are not a guaranteed match and we will not be responsible for colour differences across different product series should you select items on this basis. 7.5 Please observe the following procedure for all returns to us: 7.5.1 Contact us before any return for a return authorisation and reference, together with detailed instructions on the procedure for the return which may vary from case to case. 7.5.2 If you are returning your product because it is defective, please state the defect or defects. 7.5.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state. 7.6 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us. You must inspect the goods immediately on receipt and any damage or shortages shall be noted on the carrier copy of the delivery note with the words “consignment damage” or “shortage” as appropriate. 7.7 Where damage or a shortfall in delivery has occurred, you must provide full notification by telephone and in writing within 48 hours of the time of delivery for your claim to be considered. 7.8 You are responsible for paying any postage or shipping costs incurred when returning the product. 7.9 We recommend that all returns be sent by registered post, so that a record of the return is available for you. 7.10 We will not issue refunds for any items lost or stolen in transit to us. 7.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return. 7.12 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you. 7.13 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product. 7.14 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery. 8. Customer Complaints We endeavour to respond to all customer complaints or queries within five working days. 9. Faulty Products Where a Customer experiences a fault with a product it can be reported to The Warehouse.Com Ltd . , who will arrange for a repair or replacement where appropriate. 10. Events outside our control The Warehouse.Com Ltd. shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute. 11. License 11.1 The Warehouse.Com Ltd. grants you a license to access the content, information and services contained within our website for personal use only. 11.2 This license allows you to download and cache (using your browser) individual pages from our website. 11.3 This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question. 11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission. 11.5 Our website cannot be placed within the frame-set of another site. 11.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive. 11.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales. 12. Copyright 12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of The Warehouse.Com Ltd. unless expressly acknowledged as otherwise. 12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission. 13. Reasonably Foreseeable Losses 13.1 The Warehouse.Com Ltd. will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made. 13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded. 13.3 The Warehouse.Com Ltd. does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers. 14. Severability The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses. 15. Waiver Failure by The Warehouse.Com Ltd. to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing. 16. Entire Terms & Conditions These Terms & Conditions set out the entire agreement and understanding between you and The Warehouse.Com Ltd. We reserve the right to change these Terms & Conditions at any time, without giving notice to you. 17. Jurisdiction These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected. Important Information and Disclaimer The following disclaimer is to be regarded as part of our website. Addressees Our website and the offers contained therein are exclusively intended for Internet users within the United Kingdom. Website Content We accept no responsibility for the topicality, accuracy, integrity or quality of the information provided on this site. We will not be liable for claims against us regarding damages of any kind arising from the use of this site or information contained therein, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless wilful or gross negligence on our part can be proven. Before using any product provided by us, please always refer to the instruction manual provided. Referrals and Links/Banners Information made available on our Internet pages may contain links to pages which are not maintained by us (e.g. "hyperlinks"). We cannot be held responsible for the content of such linked pages, unless we were to have full knowledge of incorrect, illegal or criminal content and the technical means to prevent visitors to our site from viewing those pages. All linked pages are checked at the time of publication on our website. However, we cannot be held responsible for subsequent changes or additional links to these pages, which are found to contain incorrect, illegal, or criminal content. Due to the special nature of Internet technology, we cannot warrant the integrity or accuracy of the information contained on our website. Links to external websites (e.g. via hyperlinks or banners) are not our responsibility, but rather the sole responsibility of the operator of the respective linked page. We hereby expressly declare that no illegal content was in evidence on the linked page at the time of establishing the link. We have no bearing on current or future presentations, content or authorship on linked pages. As such we do not wish to be associated with the content of linked pages updated after a link has been assigned to our website. Moreover, we do not endorse the content of external websites. Offers are Subject to Confirmation All offers are subject to confirmation and are not binding. We reserve the right to alter, extend, or delete parts of or the totality of our product and service offering without prior notice. All offers are subject to availability. Copyright We endeavour to respect the copyright of all graphics, sound, video and text we use in our publications. Where possible, we use in-house or licence-free graphics, sound, video and text. All trademarks and trade names on our website are subject to current copyright legislation and the intellectual property rights of the trademark / trade name owner are respected. Even when brand names are referred to on a website, it should not be presumed that the brand has not been registered. The design and layout of our website pages are subject to international copyright provided this does not affect third party law. All unauthorised use, reproduction or distribution of page content without our prior agreement will be pursued legally. Applicable Law Our website is subject to English law. Legal Validity of this Disclaimer If any sections or individual terms of this statement are found at any point to be non-enforceable or incorrect, the content or validity of the remainder of this document will not be affected. You can contact us in the following ways. Telephone: 01225 690700 Email: contact@twcgroup.co.uk.