Terms and Conditions
WFP SHOP
Terms and Conditions of
Please read these terms carefully before placing your order with WFPSHOP, and print a copy for your future reference.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by WFP SHOP (the "Supplier").
1.2
No contract exists between you and the Supplier for the sale of any
goods until the Supplier has received and accepted your order.
1.3
An acceptance of your offer to buy the goods will be sent shortly after
your order. However, we do have the right to terminate the contract in
the event that the goods are unavailable, mis-priced or cleared funds
are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
1.6 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
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
The goods are subject to availability. If on receipt of your order the
goods you have ordered are not available in stock we reserve the right
to not accept your order. If after acceptance or job order the Supplier
discovers within [14 days] of our acceptance of your order that the
goods are unavailable we may terminate the contract and refund or
re-credit you for any sum that has been paid by you or debited from
your credit card for the goods.
2.3
Every effort is made to ensure that prices shown on the Supplier´s
website are accurate at the time you place your order. If an error is
found within 14 days of accepting your order, the Supplier will inform
you as soon as possible and offer you the option of reconfirming your
order at the correct price, or cancelling your order. If the Supplier
does not receive an order confirmation within 14 days of informing you
of the error, the order will be cancelled automatically. If you cancel
the order, or if the order is cancelled automatically due to the expiry
of the 14 day period, the Supplier will refund or re-credit you for any
sum that has been paid by you or debited from your credit card for the
goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
2.5 Prices and Specifications are subject to change without notice.
3. Payment
3.1
Payment for the goods and delivery charges were applicable 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 or due date
as subject to your agreed credit terms 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 or your
credit account is currently in good standing and within it`s pre agreed
limits.
3.3
Payments shall be made by you without any deduction whatsoever unless
you have a valid court order requiring an amount equal to such
deduction to be paid by the Supplier to you.
3.4
For all orders placed on a Credit Account - If terms of payment are not
complied with the Seller shall have the right to charge interest at the
rate of 1.5% for every month or part thereof, between the due date of
payment and final settlement.
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
4.2
Orders placed before 10.00am 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 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.
4.5
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 as soon as possible.
4.6
Upon receipt of your order you will be asked to sign for the goods
received in good condition. If the package does not appear to be in
good condition then please refuse the delivery. If you are unable to
check the contents of your delivery at the point of delivery then
please sign for the parcel as "UNCHECKED". Failure to do so may affect
any warranty claims that you make thereafter.
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. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1
store the goods (at no cost to the Supplier) separately from all your
other goods and goods of any third party in such a way that they remain
readily identifiable as the Supplier´s property;
6.1.2
not destroy, deface or obscure any identifying mark or packaging on or
relating to the goods; maintain the goods in satisfactory condition and
keep them insured on the Supplier´s behalf for their full price against
all risks to the reasonable satisfaction of the Supplier. On request
you shall produce the policy of insurance to the Supplier; and
6.1.3
hold the proceeds of the insurance referred to in condition 6.1.2 on
trust for the Supplier and not mix them with any other money, nor pay
the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1
you have a bankruptcy order made against you or make an arrangement or
composition with your creditors, or otherwise take the benefit of any
statutory provision for the time being in force for the relief of
insolvent debtors, or (being a body corporate) convene a meeting of
creditors (whether formal or informal), or enter into liquidation
(whether voluntary or compulsory) except a solvent voluntary
liquidation for the purpose only of reconstruction or amalgamation, or
have a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof, or a
resolution is passed or a petition presented to any court for your
winding up or for the grant-ing of an administration order in respect
of you, or any proceedings are commenced relating to your insolvency or
possible insolvency; or
6.2.2
you suffer or allow any execution, whether legal or equitable, to be
levied on your property or obtained against you or you are unable to
pay your debts within the meaning of section 123 of the Insolvency Act
1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1
We comply with current legislation with regard to returns, specifically
the Consumer Protection (Distance Selling) Regulations 2000. As such
you have the right to cancel the contract at any time up to 7 days
after you receive the goods (see below). Please note that this policy
has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the contact
section of our website, giving details of the goods ordered, order and
or invoice number 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 on your RMA
Authorisation document that will have been sent to you once you had
infomed the Supplier of your cancelation. All goods returned must be
sent via Royal Mail Recorded or Special Delivery or by UK Carrier. 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 we
shall, after receiving notification in accordance with clause 8.3 or
8.4, either collect the goods from you or ask you to return the goods
yourself and possibly refund you the reasonable postage costs.
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.
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 goods supplied by the Supplier are warranted free from defects for
30 days from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer.
8.2
This warranty does not apply to any defect in the goods arising from
fair wear and tear, wilful damage, accident, negligence by you or any
third party, use otherwise than as recommended by the Supplier, failure
to follow the Supplier´s instructions, or any alteration or repair
carried out without the Supplier´s approval.
8.3
If the goods supplied to you are damaged on delivery, you should notify
the Supplier in writing or email, within 7 working days. (Please note
that this is 48hrs for our business customers)
8.4
If the goods supplied to you develop a defect while under warranty or
you have any other complaint about the goods, you should notify the
Supplier in writing as soon as possible, but in any event within 14
days of the date you discovered or ought to have discovered the damage,
defect or complaint.
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.
10. Data Protection & Privacy
10.1
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.
10.2 WFP SHOP respects your privacy. Please bear in mind that any
personal information that you submit through forms, letters/email`s and
the like is not encrypted and therefore may be collected by others. For
orders we do use encryption on a secure server. Any such information is
sent at your own risk and you should therefore carefully consider its
sensitivity before transmitting it. If you have any concerns, questions
or comments please contact our customer services team on 0845 4090491
10.3
We do not and do not intend to sell information given to us to any
third party. It may be necessary on occassions to pass your details
manufacturers if you have a specific request, but this will not be done
without good reason.
10.4 Cookies - Reserve the right to use cookies to track products purchased by you for use in your shopping trolley.
10.5
We do not and do not store any credit/debit card information as all
data is enetered onto a secure site which is only seen by the
processing bank.
11. Security
11.1
While we make every effort to keep the information that you supply
directly or indirectly secure we would like to make you aware that the
Internet in itself is not a completely secure medium.
11.2
All Orders are processed on Secure Webservers (this may be confirmed by
the presence of the padlock symbol in your internet browser when you
are in the checkout pages of our websites)
12. Images
12.1 Product images are for illustrative purposes only and may differ from the actual product.
13. Intellectual Property
13.1
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all materials and/or content made
available as part of your use of this website shall remain at all times
vested in us or our licensors. You are permitted to use this material
only as expressly authorised by us or our licensors.
13.2
You acknowledge and agree that the material and content contained
within this website is made available for your personal non-commercial
use only and that you may only download such material and content for
the purpose of using this website. You further acknowledge that any
other use of the material and content of this website is strictly
prohibited and you agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such
material and content.
These
terms of sale and the supply of the goods will be subject to Scottish
law and the Scottish courts will have jurisdiction in respect of any
dispute arising from the contract.
Copyright © 2009 WFPSHOP
