Terms And Conditions Of Use

By: Windrush Gear  06-Dec-2011

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Windrush Gear Limited, whose registered office is at The Old Coach House, 56 High Street, Harston, Cambridge, CB22 7PZ registered in England and Wales No. 05671778 (the "Supplier", or "we", or "our").
1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8 The Supplier may change these terms of sale without notice to you in relation to future sales.

1.9 All quoted prices are inclusive of V.A.T unless otherwise stated and any delivery charges applicable on your purchases are quoted prior to confirming your order. All our prices are quoted in GBP(£) sterling. If payment in currencies other than sterling are acceptable for a transaction these currencies will be shown prior to confirming your order.

2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:

2.4.1

placing a new order at the correct price for those goods;


2.4.2

cancelling the whole of your order; or

2.4.3

cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.

If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:

(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or

(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.


2.5

To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.


2.6

In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.

3. Payment
3.1

Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.


3.2

There will be no delivery until cleared funds are received.


3.3

Payments shall be made by you without any deduction whatsoever.

4. Delivery
4.1

The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.


4.2

Orders placed before 5.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)


4.3

If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.


4.4

If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:


4.4.1

store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or


4.4.2

sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.


4.5

If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.


4.6

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.

5 Risk/Title
5.1

The goods are at your risk from the time of delivery.


5.2

Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

5.2.1

the goods, and

5.2.2 all other sums which are or which become due to the Supplier from you on any account.


5.3

The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

6.0

7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown in the contacts section of the Supplier's website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with condition 8.4, 8.5 or 8.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure (see condition 12 below).

Once you've informed us that you wish to return goods you have 28 calendar days to do so, at your own expense.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods once the goods have been returned to the supplier.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.

8. Warranty
8.1

All new goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Supplier's Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Supplier will (at its option) either:


8.1.1

replace those goods, if the Supplier has available the same goods at the same price;


8.1.2

repair those goods; or


8.1.3

refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure (see condition 12 below).


8.2
8.3

The warranties in conditions 8.1 above do not apply to any defect in the goods arising from fair wear and tear, reasonable fading as a result of exposure to sunlight and or washing, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the Suppliers prior written approval.


8.4
8.5

If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 28 calendar days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1.


8.6 9. Limitation of Liability
9.1

Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:


9.1.1

there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;


9.1.2

such loss or damage is not a reasonably foreseeable result of any such breach;


9.1.3

any increase in loss or damage resulting from breach by you of any term of this contract.


9.2

Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.


9.3

If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.


9.3.1

loss of business; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or


9.3.2

any indirect or consequential losses, liabilities or costs.


9.4

If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.

10. Data Protection

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

11. Images

Product images are for illustrative purposes only and may differ from the actual product.

12. Returns
12.1

12.2 In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
12.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier. We also advise our customers to use some form of delivery that requires a signature on delivery such as Royal Mail Special or Recorded Delivery.

13. Governing Law and Jurisdiction

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

Windrush Gear Limited
The Old Coach House
56 High Street
Harston
Cambridge
CB22 7PZ VAT registration number 884 4455 86

The information in this article was current at 02 Dec 2011


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