TERMS AND CONDITIONS – ON LINE SALES ONLY
Please note that these conditions are intended to form a major part of the agreement between us and will bind you (our customer). You should read them through thoroughly before you make any purchase.
We are Wipeout Europe Limited company number 07827148 whose registered office is at Southfield Woodside Hill Chalfont St Peter Gerrards Cross Buckinghamshire SL9 9TB and all of its subsidiaries.
· “We” “Us” “Our” means Wipeout Europe Limited and its subsidiaries
· “You” Your” means you our customer
· “Consumer” means that You buy our products for Your own private use and not for use in a business nor for other business purposes
· “Goods” means the products you order from us
· “writing” means either in the form of a written document or by email
How These Terms and Conditions Apply
· We agree to supply to you the Goods for the Price subject to these terms and conditions.
· Unless we have agreed any changes to
o the specification of the Goods with You in writing they will be as described in our Website
o these terms and conditions with You in writing they cannot be changed
· A contract for the sale only comes into existence between us when You receive an acceptance of your order
· If we make an mistakes on our website, invoice or quotation, you agree that we can correct it
· No order you make is binding on us until we accept that order
· If we produce a specification for the Goods they will comply with that specification
· Any photographs we publish and any colours shown on our website are for guidance only and we cannot guarantee an exact match between what you see and what we supply
· If we have to change the specification of the Goods for any reason the contract between us still stands but you will not have to accept Goods which are substantially different from those you ordered
· If you cancel an order after we have accepted we have the right to be compensated for any loss we suffer
· We do not guarantee that the printing on the Goods will align perfectly with the edges of the cloth an error or 1-2 mm is usual
· The price on our website or any other price we agree in writing will be the price you pay
· Unless we agree otherwise the price does not include postage and packing costs
Order and Payment
· No order will be despatched until payment is received and a further email sent confirming dispatch this is normally within 24 hours if payment is by PayPal
· We accept PayPal Cheque or Bank Transfer
· Paying by Cheque or Bank Transfer may delay dispatch by 1 02 days because we will need to ensure that funds have been received and cleared in our bank account
· If we are unable to fulfil your order we will offer you an alternative or advise you of the approximate delay before dispatch and you will then have the choice to wait or receive a full refund
· The Goods we supply are duty paid in the United Kingdom and unless we say otherwise include Value Added Tax (“VAT”)
· If you are outside the United Kingdom you are responsible for any additional sales, local and import taxes
· If the Goods are to be supplied free of Value Added Tax you must give us your VAT Number or its equivalent otherwise we will apply VAT.
· We will deliver the Goods to you at the address you give us
· Any delivery date we give you is approximate only – we cannot guarantee delivery dates
· If you fail to take delivery and the Goods are returned to us we can make an additional charge to send the Goods to you again
· If the Goods are not delivered you must tell us within 15 days of your order and we will (in our sole discretion) either refund the Price or supply a replacement
Risk and Title
· Risk in the Goods passes to you as soon as the Goods are in the hands of the carrier we use.
Defects and Refunds
· If you are a consumer then you have rights under the Sale of Goods Act which we cannot take away but you must tell us about any defect as soon as you are aware of it. We retain the right to exchange the Goods or to refund the Price at our sole option
· If you are returning the Goods under the Distance Selling Regulations then please tell us before you do so
· Whenever you return Goods you must pay the cost of carriage back to us and until they are returned you must keep them safe and undamaged.
· If you have changed your mind and would like to return the Goods or if they are faulty or damaged we are happy to exchange or refund the Price if:
o You tell us within 7 days from the date of delivery and
o The Goods are in “as new” condition and returned in original undamaged packaging along with any free gifts received with them
· We do not refund any money if the packaging for the Goods has been opened or if the Goods have been custom made for you unless the Goods are defective
· If this is not a consumer sale then all warranties conditions and other terms implied by statute or by the law are excluded from this agreement
· If you need to tell us anything or we need to contact you then you/we must do so by registered letter or email. A registered letter will deemed to have arrived 3 days after it was posted and an email when you receive a return receipt.
· The address to be used will be that supplied by us on our website and by you in the last correspondence we had with you containing such addresses.
· Sometimes things happen beyond our control and beyond the control of our Suppliers. Things such as strikes, storms, terrorist attacks wars and government action which the law calls “force majeure” can always happen and you agree that we are not responsible if such things cause you any loss
Limitation of Our Liability
· We are not responsible to you if force majeure applies.
· For all other problems you agree that the maximum compensation we will have to pay you will be the total price of the Goods not including packing and delivery charges
· You agree that UK law applies to the agreement between us and that all actions will be taken in the UK
· If we agree not to enforce part of this Agreement against you for some reason that does not prevent us from enforcing it for any other reason
· This agreement takes the place of any other agreement we may have entered into about the same subject matter
· You agree that you have not entered into this agreement on the basis of any promises or representations made by us which aren’t confirmed in writing by us
· If a court or other judicial body decides that any part of this agreement is not enforceable we both agree that that part can be taken out of this agreement and that the remainder still applies
· No-one who is not a party to this Agreement will have any rights under the Contract (Rights of Third Parties) Act 1999