Terms and Conditions of Sale of Products
WHI Safeguard Limited is a company registered in England and Wales, with registered company number: 8560892. Registered office is at Meryll House, 57 Worcester Road, Bromsgrove, B61 7DN, United Kingdom. VAT No.172703418.
These terms will apply to all your purchases of Goods and Services. We may change these terms from time to time. Please check them before you make another purchase.
1-Parties and Definitions
1.1 In these conditions:-
1.1.1 WHI Safeguard Limited (”WHI”) is the seller of Products and/or the supplier of Services for the purposes of Customers’ rights and concerns relating to Products and/or Services.
In these terms and conditions WHI Safeguard Limited is referred to as “WHI”, “we” or “us”.
1.1.2 “You” or the “Buyer” means the Consumer or any other person or organization submitting an order for Goods.
1.1.3 “Goods” or “Products” means goods to be supplied under these conditions.
1.1.4 “Special Conditions” means conditions relating to specific Goods or Services supplied under these conditions.
1.1.5 “Party” means either you or us; “Parties” means you and us.
1.1.6 “Writing” means letter, fax or email.
1.2 The contract for the supply of Goods and/or Services (“Contract”) will be formed when we accept your order. Acceptance of an order by us can only be made in Writing.
1.3 These conditions and any matters referred to on our order acknowledgement (as appropriate) form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.4 Any omission or error in any sales literature, web page or site, order form, price list, order acknowledgement, dispatch note, invoice or other document issued by us may be corrected by us without liability.
1.5 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
1.6 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
1.7 Any applicable Special Conditions are supplemental to these terms and conditions. In the event of any conflict or inconsistency between these terms and conditions and any Special Conditions, these terms and conditions shall prevail but only to the extent of that conflict or inconsistency.
1.8 These terms and conditions and any Special Conditions do not apply to any sales by third parties on our website. Sales by third parties shall be subject to that third parties terms and conditions (if applicable). You should read any third party terms and conditions prior to placing your order. You acknowledge and accept that we have no responsibility for and shall have no liability to you in respect of any sales by third parties on our website.
2-Placing Your Order
By placing an Order, you make an offer to us to purchase the Products and/or Services you have selected on these Terms. We may or may not accept your offer at our discretion. Any Contract is dependent and conditional upon WHI’s verification of availability and confirmation. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. WHI may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
We will send your Order Confirmation to you by e-mail. If we cannot accept your Order we will contact you by email or telephone.
We maintain records of Orders and Order Confirmations and retain these for a reasonable period following delivery. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, Order Acknowledgment, Order Confirmation, payment method acceptance and invoice as evidence of purchase.
3-Information Availability Changes
WHI continually updates and revises Products and Services. WHI may update, revise and/or discontinue Products at any time. WHI may revise prices for Products listed as available items on the WHI websites at any time. Any weights and measurements stated on the WHI website are approximate.
4.1 The prices of Products or Services are those, which apply at the time of Customer’s Order.
4.2 Should a product’s price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.
4.3 All Prices are exclusive of VAT and charges for postage and delivery must be paid in addition.
4.4 We must receive payment for the whole of the price of the Goods you order and purchase, and any applicable charges for delivery, before your order can be processed, unless we have agreed otherwise in advance in writing.
4.5 Where you do not make any payment to us under the Contract by its due date then, we may, in addition to any other rights, which we have under this Contract, withhold further deliveries and/or suspend performance of the Contract until arrangements as to payment or credit have been established on terms, which are satisfactory to us. Payment options may vary from country to country.
5-Manner of Payment
WHI accepts payment by bank transfer. Other payment methods will be subject to WHI’s prior agreement.
Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any dispatch note or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale.
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and WHI shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
However, you have the option of cancelling your Order at any stage prior to dispatch of your Products by WHI. You may also have a right to return Products after they have been delivered.
7.Damage or Lost in Transit
We shall replace, free of charge, any Goods damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 7 days of the date of our invoice (so that we may comply with our carrier’s conditions of carriage).
Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any of the Goods and/or the supply of the Services within 14 working days of delivery (in respect of Goods) and within 14 working days from entering into the Contract (in respect of Services). A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund for the price of the Goods provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered.
If you exercise your right of cancellation after the Goods have been delivered to you, please package any Goods securely in the original packaging and return to the address noted in the order confirmation. For your protection, we recommend that you use a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless we delivered the items to you in error or the Goods are faulty. If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
WHI is under a legal duty to consumers to supply Products that are in conformity with your contract with WHI. If your Product is or becomes faulty through no fault of your own then you may be entitled to a refund, repair or replacement of your Product. Refer to the section on Product Warranty below.
10.1 If the Goods which you purchase from us are faulty or do not do what we say in Writing that they will do, you should notify us in writing within 28 days of delivery. We will examine the Goods and, if the Goods are faulty or do not do what we say in Writing that they will do, we will, at our option, either replace the defective Goods or refund the price of the defective Goods.
10.2 The warranty in 10.1 above does not apply to faults, which have been caused by your mis-use or neglect of the Goods or by accidents caused while the Goods are in your possession.
10.3 Where you return Goods under condition 10.1, we will pay for the delivery of any replacement Goods to you and will, where you have returned Goods to us within 28 days of delivery, reimburse your reasonable postage costs in returning the Goods. We will not be liable for any delivery costs where you are not entitled to return the Goods to us under these conditions or by law.
10.4 You must return all Goods to us in their original packaging in substantially the same condition as you bought them.
11-Product Guarantee Rights
WHI provides a commercial guarantee for Products, entitling you to a remedy in the event that your Product requires servicing within a twelve-month period, due to a defect in materials or workmanship.
These Terms set out the full extent of WHI’s obligations and liabilities in respect of the supply of, or failure to supply, Products or Services. WHI are not liable to you (or any other parties).
12.1 For any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), except in the event of damages that result from WHI’s gross negligence or intent as well as in the event of health dangers, life dangers and bodily injuries. The liability according to the product liability law remains unaffected.
Should WHI be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock-out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labour, material or services through WHI’s usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the WHI, then, in each such cases, the obligation of the WHI to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall nevertheless accept delivery and pay for such Goods once the WHI is able to deliver in accordance with the period(s) of shipment named in this Contract. WHI shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned herein above.
14-Governing Law, Jurisdiction
14.1 These terms and conditions shall be governed by English law and any dispute arising out of or in connection with this Agreement shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force.
14.2 The arbitration shall be conducted in accordance with the London Maritime Arbitrators’ (LMAA) Terms current at the time when the arbitration is commenced.