Below you will find:
(2) Our terms & conditions of Sale of Goods
The information contained in this website is for general information purposes only. The information is provided by Wilstow Ltd and whilst we endeavour to keep the information up-to-date and correct we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Through this website you are able to link to other websites which are not under the control of Wilstow Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Wilstow Ltd takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
(2) Our terms & conditions of Sale of Goods
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.wilstow-trailers.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1. Information about us
1.1 www.wilstow-trailers.co.uk is a site operated by Wilstow by Erde. Our main trading address is Wilstow Ltd, 37 Regal Drive, Soham, Ely, Cambridgeshire, CB7 5BE. Our telephone number is 01353 724640.
1.2 We are a member of the National Trailer & Towing Association Limited (NTTA) and we agree to abide by their code of practice. www.ntta.co.uk.
2. Service availability
2.1 Our site is only intended for use by people resident in the UK.
3. Your status
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in the United Kingdom; and
3.1.4 You are accessing our site from the United Kingdom.
4. How the contract is formed between you and us
4.1 After placing an order with us you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement of Order). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy our products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an invoice or an e-mail stating that we have received and accept your order for products (the Order Confirmation). The contract between us (Contract) will only be formed when we send you an invoice or the Order Confirmation.
4.2 The Contract will relate only to those products whose supply we have confirmed in the Order Confirmation / invoice. We will not be obliged to supply any other product(s) which may have been part of your order until we have confirmed our acceptance of your order for those products in a separate Order Confirmation or invoice.
5. Our status
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. Consumer rights
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a refund of the price paid for the product(s) in accordance with our refunds policy (set out in paragraph 11 below).
6.2 To cancel a Contract, you must inform us in writing and return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
6.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
7. Availability and delivery
7.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation / invoice or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation / invoice, unless there are exceptional circumstances.
7.2 If we fail to deliver on the delivery date under 7.1 due to your inability to receive the product(s) then you will bear any costs of re-delivery and any necessary insurance.
8. Risk and title
8.1 The product(s) will be at your risk from the time we deliver to you or the time when you pick them up from either us or direct from the manufacturer or supplier.
8.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
9.1 Once we have sent you an Order Confirmation we will take a sum equal to 0-20% of the product(s) Price off of the debit or credit card details which you provide us on the Order Form.
10. Price and payment
10.1 The price of any product(s) will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in the product options.
10.3 The balance of the Purchase Price will be taken from your credit or debit card on the agreed delivery date as stated on the Order Confirmation.
10.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.5 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices on the Order Confirmation so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when delivering the product(s) to you. If a Productâ€™s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before delivering the products(s), or reject your order and notify you of such rejection.
10.6 We are under no obligation to provide the product(s) to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.7 Payment for all product(s) must be by debit or credit card, bank transfer, Google Checkout or Paypal. We accept payment with:
11. Our refunds policy
11.1 When you return a product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the product(s) is defective), we will examine the returned products and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective products.
11.2 Product(s) returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.3 Product(s) returned by you within the seven-day cooling-off period (see paragraph 6.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. If you fail to do so you shall be responsible for the cost of collection which we shall deduct from the Purchase Price before returning it you.
12. Our liability
12.1 We warrant to you that any product(s) purchased from us through our site is of satisfactory quality.
12.2 Our liability in connection with any product(s) purchased through our site is strictly limited to the purchase price of that product(s).
12.3 This does not include or limit in any way our liability:
12.3.1 For death or personal injury caused by our negligence;
12.3.2 Under section 2(3) of the Consumer Protection Act 1987;
12.3.3 For fraud or fraudulent misrepresentation; or
12.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Wilstow Ltd, 37 Regal Drive, Soham, Ely, Cambridgeshire, CB7 5BE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other partyâ€™s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the products).
21. Law and jurisdiction
Contracts for the purchase of products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
All rights, including copyright, in our website are owned by or licensed to us. Any use of our website or its contents, including copying or storing, in whole or part, other than for your own personal use is prohibited. You may not modify, distribute or re-post something on this website for any purpose. All rights are reserved.