WESTCARE LTD
GENERAL TERMS AND CONDITIONS OF SALE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (Goods) listed on our website www.westcare.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site or via our sales office. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.westcare.co.uk is a site operated by Westcare Limited (we or us). We are registered in England and Wales under company number 2680675 and have our registered office at Unit 20, Forresters Business Park, 35 Estover Close, Plymouth, Devon, PL6 7PL. Our VAT number is GB557 7460 08.
2. YOUR STATUS
2.1 Our site is only intended for use by businesses in the United Kingdom (including Northern Ireland but excluding Channel Islands and BFPOs). If you are not based in the United Kingdom, please contact us by email at [email protected] to enable us to process your order.
2.2 These terms and conditions only apply to businesses, public bodies, charities or educational establishments. If you are a consumer, separate consumer terms and conditions apply. Please contact us at [email protected] for a copy of these consumer terms and conditions.
2.3 By placing an order through our site, you warrant that:
2.3.1 you are legally capable of entering into binding contracts;
2.3.2 you are acting as a business;
2.3.3 you are at least 18 years old; and
2.3.4 you are based in the United Kingdom.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order we will acknowledge that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
3.2 These terms and conditions shall become binding on you and us when we deliver the Goods to you, at which point a contract shall come into existence between us for the Goods that we have delivered (a “Contract”).
3.3 The Contract will relate only to those Goods which we have delivered to you. We will not be obliged to supply any other Goods which may have been part of your order.
3.4 If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these terms and conditions before you accept them and submit the order, because you will be bound by the terms and conditions once a Contract comes into existence between us, in accordance with condition 3.2.
3.5 These terms apply to a Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
3.6 Any samples, drawings, descriptions or advertising that we issue, and any descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
3.7 We shall assign an order number to the order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the order.
3.8 We have the right to revise and amend these terms and conditions from time to time without notice to you. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms and conditions is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4. OUR GUARANTEES
4.1 We warrant that on delivery the Goods shall:
4.1.1 be of satisfactory quality; 4.1.2 be free from material defects in design, material and workmanship; and
4.1.3 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
4.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
4.3 These terms and conditions apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these terms and conditions.
4.4 Except as set out in these terms and conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
5. DELIVERY
5.1 Next Day Delivery: Orders of stocked items placed by phone and fax by 12pm with the request of next day delivery will be delivered free and aim to be delivered next day. Standard Delivery: Orders of stocked items will be delivered free and aim to be delivered within 2-4 working days. Direct dispatch: We aim to ensure that items dispatched directly from the manufacturer are delivered to you within 21 days of our receipt of your Order. Large or heavy Goods may take longer to deliver. Please allow extra time for deliveries to the Scottish Highlands, Scottish Islands, Northern Ireland, Isle of Man and Isle of Wight. All of the above delivery timescales are estimates only and are dependent on us/our manufacturers having the relevant Goods in stock at the time of your Order. Direct delivery items may incur a charge. You will be informed of any additional charges at the time of ordering.
5.2 Delivery of the order shall be completed when we deliver the Goods to you.
5.3 We will take reasonable steps to meet any estimated delivery date. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed.
5.4 If we fail to deliver our Goods you must notify us within 7 days of the expected delivery date. Any claim that is made after the 7 day period will not be accepted. In any event, our liability shall be limited to the costs and expenses that you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.5 If you fail to take delivery of an order, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond your control: >5.5.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover storage, insurance and other expenses incurred.
5.5.2 we shall have no liability to you for late delivery.
5.6 If you have not taken delivery of the Goods within 2 weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
5.7 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installment.
6. NO HASSLE RETURNS AND RETURNS OF DEFECTIVE GOODS
6.1 Subject to the limitations set out in condition 6.2 and the qualifications set out in this condition 6.1, we are happy to take a return of Goods for any reason and provide a full refund (which may be subject to handling charges) provided that:
6.1.1 you let us know that you wish to return the Goods within 2 days of ordering; 6.1.2 the Goods are in their original form including all packaging, are unused and all seals are unbroken.
6.2 The returns policy set out in condition 6.1 above does not apply to (a) Goods that are substantially made up of materials that can be photocopied, (b) any bespoke Goods, (c) any Goods which contain living organisms or cultures, (d) dissection resources,(e)preserved specimens,(f) chemicals or (g) radioactive sources. 6.3 In the unlikely event that the Goods do not conform with these Terms, and the qualifications in condition 6.1 cannot be met, please let us know as soon as possible after delivery. We will then authorise the return of the Goods and arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) OR ask you to return the Goods to us at our cost and once we have confirmed that the Goods are faulty, we will:
6.3.1 provide you with a full or partial refund; 6.3.2 replace the Goods; or
6.3.3 repair the Goods. 6.4 These Terms will apply to any repaired or replacement Goods we supply to you.
7. TITLE AND RISK
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive payment in full and cleared funds of all sums due for the Goods, including delivery charges, and any other goods that we have supplied to you.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as set out on our site at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed our acceptance of in writing.
8.2 These prices exclude VAT which will be added to the total amount due at the checkout or invoiced.
8.3 These prices exclude delivery costs, which will be added to the total amount due at the checkout.
8.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time (also available on our website). Where the Goods correct price is less than or higher than our stated price, we will charge the correct price when dispatching the Goods to you.
8.5 If you do not have an account with us payment for all Goods must be made in advance by credit or debit card.
8.6 If you have an account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies within 30 calendar days of the date of the invoice.
8.7 If you do not make any payment due to us by the due date for payment (as set out in condition 8.6), we may charge interest to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
8.8 It is a criminal offence to use a false name or a invalid credit or debit card to purchase Goods from our site.
8.9 If:
8.9.1 your payment for Goods is overdue;
8.9.2 you have breached these terms and conditions; or 8.9.3 we suspect that you have or are about to engage in any kind of fraudulent activity in relation to our business we may terminate any of your outstanding orders, your account and may, at our sole discretion, refuse to accept any of your future orders.
9. PRICE MATCH PROMISE
9.1 In the event that you find a cheaper price for an item that is the same as one of our products in any other current mail order catalogue for business to business purposes, we will match the price subject to the below terms.
9.2 The Price Match Promise only applies to;
9.2.1 Orders where you notify us of the cheaper competitor price at the time of placing your Order with us;
9.2.2 competitor prices which are current and made generally available to all business customers;
9.2.3 items sold within the UK by UK based companies;
9.2.4.items which are not subject to any special promotional or discounted offers including without limitation using coupons, vouchers, member’s discounts or trade discounts;
9.2.5 items which are in stock and available on the same terms, where the invoice is paid in full and including any warranty;
9.2.6 the item itself and not to delivery or any other services.
9.3 Proof of price must be provided including current published price list, catalogue page or such other proof as we reasonably require. We reserve the right to verify any prices with the vendor.
9.4 Our Price Match Promise cannot be used in conjunction with any other promotion, discount or offer. Items sold as part of a multi-deal are matched to their individual price.
10. LIABILITY
10.1 Subject to condition 10.3 we shall only be responsible for losses which are a foreseeable consequence of our failure to comply with these terms and conditions and our total liability to you for all losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods.
10.2 Subject to condition 10.3 we shall not be responsible for losses that you suffer as a result of our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of anticipated savings;
10.2.4 loss of data; or
10.2.5 any waste of time.
10.3 This condition 9 does not include or limit in any way our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation; or
10.3.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10.4 You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any losses you suffer from such chemicals result from your default, we shall not be responsible
11. EVENTS OUTSIDE OUR CONTROL
11.1 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).
11.2 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:
11.2.1 strikes, lock-outs or other industrial action;
11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 11.2.3 fire, explosion, storm or other adverse weather, flood, earthquake, subsidence, epidemic or other natural disaster;
11.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
11.2.5 the failure of our agents or subcontractors;
11.2.6 impossibility of the use of public or private telecommunications networks; or
11.2.7 the acts, decrees, legislation, regulations or restrictions of any government.
11.3 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 endeavors 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.
12. LINKS
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 goods 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. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
13. EXCLUSIVE GOODS
Goods which are described as being exclusive are exclusive to Westcare Limited (Company Number: 2680675).
14. 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.
15. NOTICES
All notices given by you to us must be given to Westcare Office Supplies at Unit 20, Forresters Business Park, 35 Estover Close, Plymouth, Devon, PL6 7PL or by email to [email protected]. 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 clause 15 above. 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.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns. 16.2 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. 16.3 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.
17. WAIVER
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 clause 16 above.
18. SEVERABILITY
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 constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
19.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
19.4 Nothing in this clause shall limit or exclude any liability for fraud.
20. LAW AND JURISDICTION
Contracts for the purchase of Goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) brought by you shall be subject to the exclusive jurisdiction of the courts of England and Wales provided that nothing in this agreement shall prevent us from taking proceedings against you in any court of competent jurisdiction.