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Effective Date: 18.03.2013
1.1 This website is owned and operated by Whittan Industrial Ltd. We are registered in the UK (technically “England & Wales”) under number 4428828. Our registered office is at Link House, Halesfield 6, Telford, Shropshire TF7 4LN. Our trading address is Shop4Shelves, A Division of Whittan Industrial Ltd, Link House, Halesfield 6, Telford, Shropshire, TF7 4LN. Our VAT number is G.B. 797 0731 91.
1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.
1.3 You are not eligible to buy any goods via this site if you are below the legal age to form a binding contract with us (unless you have the consent of your parent / guardian).
1.4 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.5 Where we refer to “Consumer” below we mean a natural person acting outside his trade, business or profession).
1.6 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2.1 Note that this section of our terms and conditions (right to cancel) does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which by their nature cannot be returned or which are made to your specifications or are clearly personalised.
2.2 If you are a Consumer, you have the right (ending 7 working days following the day after delivery of goods) to cancel the contract by email to [email protected] or any of the other methods specified in the Distance Selling Regulations in which case we will refund the price paid for the goods plus delivery charges attributable to the cancelled item. You are required to take reasonable care of items.
2.3 If you cancel, you must return the goods (including all component parts) at your expense to the address shown on our “contact us” page. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. We request that when returning goods:
2.3.1 You use recorded delivery and retain proof of posting;
2.3.2 You use
(a) Any returns form which we may make available on our website or alternatively
(b) You include a note explaining the reason for your return as well as the order number and your name, address and a contact phone number; and
2.3.3 You carefully package the goods – in the original packaging if still available.
2.4 Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.
3.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Unless otherwise stated codes are only available for orders placed online, and can only be redeemed once per customer
3.2 All discount codes refer to the price excluding delivery charges. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
4. Display of goods on our website
4.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance / colour / texture / finish of our goods. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen. For example, the colour tone may differ.
5.1 Payment is in advance by the means stated on our website. Despatch of the goods is subject to our receipt of full payment in cleared funds.
5.2 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
5.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
6.1 Your order is an offer to buy from us.
6.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
7.1 There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have despatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
8.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
8.2 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
8.3 We will use our reasonable endeavours to arrange delivery within the time specified on our website or, if none, a reasonable period. If you are not a Consumer, we have no liability for any losses arising from delay in delivery. If you are Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control.
8.4 An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available.
8.5 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
8.6 This paragraph applies only if you are not a Consumer: You must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within three working days of delivery and within ten working days you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly.
9.1 We warrant (“the Warranties”) that (subject to the other provisions of this agreement) upon delivery, and for a period of twelve months thereafter, the goods will:
9.1.1 Be of satisfactory quality; and
9.1.2 Be reasonably fit for your purposes for which the goods have been bought and of which we have express knowledge.
9.2 We shall not be liable for a breach of any of the Warranties unless:
9.2.1 You have complied with your inspection obligations set out above;
9.2.2 you have given us written notice of the defect within ten working days of the time when you discover or ought to have discovered the defect; and
9.2.3 We are given a reasonable opportunity after receiving the notice of examining such goods and (if we asked you) you send the relevant Goods at our expense to the location specified by us to enable the examination to take place.
9.3 We shall not be liable for a breach of any of the Warranties if:
9.3.1 You make any further use of such goods after giving such notice; or
9.3.2 The defect arises because you failed to follow the instructions as to the storage, installation, use or maintenance of the goods; or
9.3.3 You have not paid the total price for the goods by the due date for payment; or
9.3.4 You alter or repair such goods without our written consent.
9.4 Subject to the foregoing, if any of the goods do not conform with any of the Warranties, we shall at our option repair or replace such goods (or the defective part) or refund to you the price of the goods (or a proportionate part of the price) provided that, if we so request, you return to us at our expense the goods or the part of such goods which are defective.
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
10.3 The following clauses apply only if you are a Consumer:
10.3.1 We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
a) There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) Such loss or damage was not reasonably foreseeable by both parties;
c) Such loss or damage is caused by you, for example by not complying with this agreement; or
d) Such loss or damage relates to a business.
10.3.2 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
10.4 The following clauses apply only if you are not a Consumer:
10.4.1 In this clause, any reference to us includes our employees and agents.
10.4.2 Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
10.4.3 In no event (including our own negligence) will we be liable for any:
a) Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) Loss of goodwill or reputation;
c) Special, indirect or consequential losses; or
d) Damage to or loss of data
(Even if we have been advised of the possibility of such losses).
10.4.4 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
10.4.5 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
10.4.6 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
11.1 All trademarks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link].
13.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
14.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.
15.1 Any guidance or similar information which we ourselves make available on our service is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
16.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
17.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control including third party telecommunication failures.
18.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
19.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
20.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.