Terms and conditions
DELIVERY AND RETURNS
TERMS AND CONDITIONS OF USE www.westweighshop.com
1 ACCEPTANCE OF TERMS
Your access to and use of www.westweighshop.com ("the website") is subject exclusively to these Terms and Conditions. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the website.
The contents of the website do not constitute advice and should not be relied upon in making or
refraining from making, any decision.
3 CHANGES TO WEBSITE
www.westweighshop.com reserves the right to:
3.1 change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that www.westweighshop.com shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to www.westweighshop.com or otherwise used by www.westweighshop.com as permitted by law.
5.2 In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, noninfringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, www.westweighshop.com will not be liable for any indirect or
consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
6.3 www.westweighshop.com makes no warranty that the functionality of the website will be
uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.westweighshop.com for death or personal injury as a result of the negligence of
www.westweighshop.com or that of its employees or agents.
6.5 Payment strictly 30 Days from month end date of invoice.
You agree to indemnify and hold www.westweighshop.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.westweighshop.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of
England and you hereby submit to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF SALE OF www.westweighshop.com
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means WestWeigh Controls Ltd that owns and operates www.westweighshop.com.
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "website" means www.westweighshop.com.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s
acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be made in writing and posted to the contact address.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase
Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock and not available for a period of 28 days the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 When making an order through the website, the technical steps the Buyer needs to take to complete the order process are within the ordering system of the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the website. The price is
exclusive of VAT. Where applicable, the price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the
Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made in full before dispatch of Goods.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
5 RIGHTS OF SUPPLIER
5.1 The Supplier reserves the right to periodically update prices on the website, which cannot be
guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Supplier reserves the right to withdraw any Goods and/or Services from the website at any time.
5.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
6.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or
Services, the Supplier shall be entitled to cancel the order immediately, without notice.
7.1 Goods supplied within the UK will normally be delivered within the stated period after the
acceptance of the order.
7.2 Goods supplied outside the UK will normally require the stated period and an additional 10
working days from the acceptance of the order.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by phone at +44 (0) 1256 886427 within 3 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the
Supplier within 7 days of delivery. The Buyer shall be entitled to a replacement or a full refund
(including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4 Goods to be returned must clearly show the order number obtained from the Supplier on the
8.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will not be refunded.
8.6 For non-warranty returns, returned within 14 days, we charge a 25% re-stocking fee (fee applies to stock items only - custom items are non-returnable).
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of
England and the parties hereby submit to the exclusive jurisdiction of the English courts.