WEARWELL UK LIMITED’S
ONLINE TERMS AND CONDITIONS
Wearwell UK Ltd welcomes you to it’s Website.
We want this Website to be accessible to all users, including users with a disability. If you have a disability and require assistance when using this Website, please contact our customer services department on 01827 63651 or alternatively email them at sales@wearwell.co.uk
It is important that you read these terms and conditions carefully. Together with our privacy policy, they govern our relationship with you in relation to this Website and your purchase of goods from it. If you have any questions about them, or, do not wish to accept them, please contact our customer services department at sales@wearwell.co.uk . Alternatively, telephone them on 01827 63651 before continuing.
You may have other rights granted by law, and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law.
To assist your navigation around our Website please use the hyperlinks set out below:
We are Wearwell UK Limited (“the Seller”) a company registered in England and Wales at Companies House. Our registered office is Gagarin, Lichfield Road, Tamworth, Staffordshire, B79 7TR and our registered number is 02993093. Our VAT number is 818 2883 03.
You can contact us by email at sales@wearwell.co.uk or by telephone on 01827 63651 during office hours, which are 9.00am – 5.00pm Monday to Thursday and 9.00am – 4.00pm Friday.
WHO CAN PURCHASE FROM US?
To purchase from us (“the Buyer”) must be over 18 and resident in the UK. We will only ship our goods to you in the UK. However, if you require goods to be shipped outside of the UK please contact us and we will discuss your requirements.
Once you have completed compiling your order, you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, or, discover you have made a mistake with your order, please contact sales@wearwell.co.uk immediately or telephone on 01827 63651 during office hours. Mistakes on orders need to be rectified before we accept your order. We are unable to rectify mistakes after this time, although you may have a right to cancel and return the goods as described below.
When you submit your order, you are offering to buy the goods at the price set out in the order. The Seller reserves the right to revise prices and if the price has changed when we receive your order we will contact you and ask if you wish to proceed. In addition the Seller reserves the right to alter the specifications of garments on sale. If the goods that you have ordered are no longer available, we may offer you substituted goods of a similar nature and quality. Again, in this case, we will contact you and ask if you wish to proceed. In both cases, if you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the goods until we have confirmed that we have accepted your order.
We will acknowledge receipt of your order by email. Please note that this is not an acceptance of your order. The contract between us is not formed until we confirm by e-mail that we have accepted your order.
PAYMENT
The prices indicated on our Website include all taxes, including VAT, and the prices shall be subject to change in the event of any revision of the rates of such taxes or VAT, which may be payable in respect of the goods.
All payments must be made at the time of placing the order by credit or debit card. If we are unable to accept /complete your order for any reason then we will, at our option, either not debit your credit or debit card or refund any money paid by you in respect of that order. We will not dispatch the goods until we have received payment in full.
Whilst we aim to deliver goods to you within the time indicated by us in our acceptance e-mail the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date/s. Where possible, delivery to the Buyer will be within 30 days of the date of our acceptance e-mail. However, because some of our goods are made to order, and in some cases are bespoke garments, delivery is not always possible within 30 days and so an alternative delivery date may be notified to you. We also may deliver the goods in several consignments but you will not incur any additional delivery charges for this. Please note: each consignment will be treated as a separate contract.
We will arrange for delivery of the goods by our designated carrier. Postage and Packing will be payable as set out below:
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Standard Delivery
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£5.00 for up to 20kgs
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Outside UK
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Please call for details
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In some cases delivery of the goods may be delayed for reasons beyond our reasonable control, for example in the event of freight problems. If we experience any such problems the original expected delivery date given in our acceptance e-mail will no longer apply and we will agree an alternative delivery date with you.
If we have not delivered the goods within 3 business days of the expected delivery date given in our acceptance e-mail or, where this has been superseded, within 3 business days of the alternative date that we have agreed with you, then you may cancel the contract and we will refund any money (including postage and package) paid by you.
If the Buyer refuses or fails to take delivery of goods tendered the Seller shall be entitled to terminate the contract with immediate effect or to dispose of the goods as it may determine. In this instance the Seller reserves the right to recover from the Buyer a minimum handling fee of 15% of the total price of such goods (plus VAT). The difference i.e. the purchase price minus the handling fee will be refunded by cheque.
Risk in the goods shall pass to the Buyer on delivery.
DAMAGED OR DEFECTIVE GOODS – return of
All goods must be used strictly in accordance with any instructions provided with them. We will supply goods that will remain free from defects in materials or caused by workmanship for a period of 12 months (or longer if required by law) from the date of delivery.
You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us within7 daysand we will arrange for their return, at no cost to you. If the goods are found to be damaged prior to delivery to you, or defective, we will at our option repair or replace the goods or refund the price paid by you. No returns of goods will be accepted unless authorised by the Seller’s customer services department prior to despatch and the Seller reserves the right to charge the minimum handling fee specified (15%) except in the case of faulty garments.
Except where you are a consumer wehereby exclude to the fullest extent, all conditions, warranties and stipulations, express (other than those set out in these terms and conditions) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in your favour.
These terms and conditions do not exclude our liability (if any) to you for:
· personal injury or death resulting from our negligence;
· fraud;
· any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Except as set out above we will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this Website or the purchase of any goods from this Website or the use, accessing, downloading or relying on any information or other materials contained in this Website including, without limitation, as a result of any computer virus.
Where you are a consumer the foregoing shall not apply or affect your statutory rights.
LIABILITY
I. For shortages in the quantity delivered unless the Buyer notifies the Seller of such a claim within 7 days of receipt of goods.
II. For damage to or loss of the goods or any part thereof in transit unless the Buyer shall notify the Seller of any claims within 7 days of receipt of the goods.
III. For defects in the goods caused by fair wear and tear, abnormal conditions of storage of use or any act, neglect or default of the Buyer or any third party: and
IV. For other defects in the goods unless notified to the Seller within 7 days of receipt of the goods by the Buyer provided that no liability shall be attributed to the Seller where any goods have been printed on or have changed their form in any way whatsoever.
b)
I. Where liability is accepted by the Seller under a) above the Seller’s only obligation shall be at its option to make good any shortage or non-delivery and/or replace any goods found to be damaged or defective and/or to refund the costs of such goods.
II. The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by the net price paid to the Buyer in respect of any occurrence of series of occurrences.
c)
Subject to the foregoing all conditions warranties and representations express or implied by stature, common law or otherwise in relation to the goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss of damage or injury direct of indirect resulting from defective material, faulty workmanship or otherwise however arising and whether or not caused by negligence of the Seller, its employees or agents.
d)
The Seller shall not be liable to the Buyer for loss or damage suffered by the Buyer as a direct/indirect result of the supply of goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Sellers reasonable control.
YOUR RIGHT TO RETURN THE GOODS
If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or organisation or you are not a business or organisation) you have the right, in addition to your other rights, to cancel the contract and return the goods, apart from those which we have specified as non-returnable, and receive a refund from us. You may try the goods on to ascertain that they are fit for the purpose. If the goods are not a suitable fit they may be returned unless the goods have been worn (other than to check the fit) or used in anyway or unsealed, and tried on, in a potentially un-sterile environment such as a hospital, surgery or any other such environment. If the goods have been exposed to any such environment they cannot be returned. You must inform us in writing if you wish to return the goods within 7 days of receipt of the goods.
If you choose to return the goods to us you must return them at your cost, and risk, and we advise you to ensure the goods are adequately insured during the return journey. You must ensure that you take reasonable care of the goods.
If you have not returned the goods within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the goods from you at your cost. Details of your right to cancel will also be provided in the delivery note which accompanies the goods.
This Website contains information which is protected by intellectual property rights, including, but not limited to, copyright. The information in this Website is given in good faith. It is subject to change without notice. To the extent permitted by law, all content, information and material is provided “AS IS” without warranty of any kind. We hereby disclaim all warranties with respect to the Website, whether express or implied, including the implied warranties of merchantability and fitness for purpose.
In the event that this Website contains links to other Websites we accept no responsibility or liability for the content of such other Websites. Any link is not intended to be, nor should be construed as, an endorsement of any other Website.
We may not necessarily keep a copy of these Terms and Conditions and your order. We advise you to print a copy of them for your information in the future.
The contract and all communications between us will be conducted in the English language.
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales. The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Website.