Terms & Conditions
TERMS AND CONDITIONS OF SALE – B2C
These Terms and Conditions of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.warwickts.com (“Our Site”). If you are purchasing for business then please refer to our Terms and Conditions of Sale for Business customers. Please read these Terms and Conditions of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions of Sale, you will not be able to order Goods through Our Site. These Terms and Conditions of Sale, as well as any and all Contracts are in the English language only.
1. Definitions
1.1 In these Terms and Conditions of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“We/Us/Our” |
means Warwick Test Supplies Ltd a company registered in England and Wales under number 02983405. |
“Buyer” |
means the person who places an Order with Us for the purchase of the Goods and whose order is accepted by Us in accordance with these Conditions. |
"Goods" |
means the articles, things or any item sold and supplied by Us under the terms of the Contract. |
“Conditions” |
means the terms and conditions set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Us; |
“Order” |
means the order placed by the Buyer for the supply of the Goods to which these terms and conditions apply; |
“Order Number” |
Means the reference number for your Order; |
“Order Confirmation” |
means our acceptance and confirmation of your Order; |
"Specification" |
means the description whether technical, general or both of the Goods contained or referred to in the Order. |
"Contract" |
means a contract for the purchase and sale of Goods, as explained in Clause 8; |
"Delivery" |
means the physical delivery of the Goods by either (i) Our carrier, completion of which being Our carrier's notification that the shipment has been delivered to the address supplied by the Buyer. |
“Writing” |
includes letter, facsimile, electronic mail and comparable means of communication; and |
“Our Site” |
means Our website at www.warwickts.com. |
2 Information About Us
2.1 Our Site, www.warwickts.com, is owned and operated by Us. Our registered address and main trading address are Ascot II Wallops Wood, Sheardley Lane, Droxford, Southampton, SO32 3QY. Our VAT number is GB646 923 314.
3 Access to and Use of Our Site
3.1 Access to Our Site is free of charge and is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Use of Our Site is subject to our Website Terms of Use which can be found on Our Site. Please ensure that you have read them carefully and that you understand them.
4 Age Restrictions
4.1 The following Goods may only be purchased by consumers above 18 years old. We are not permitted by law to supply these Goods to anyone below the applicable age so will require confirmation of age prior to order confirmation:
4.1.1 Knives;
4.1.2 Chemicals.
5 Business Customers
5.1 These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business to Business (B2B) Terms and Conditions of Sale.
6 International Customers – Export Compliance
6.1 In addition to the United Kingdom, We accept international orders. Certain Goods may be subject to export control regulations of the United Kingdom, the United States of America, the European Union and other countries (“Export Laws”). The Buyer shall comply with such Export Laws and obtain any licence or permit required to transfer, export, re-export or import the products.
6.2 The Buyer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by the United Kingdom, the United States of America, the European Union or other country.
6.3 The Buyer certifies that products purchased from Us will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
6.4 Classifications of product for export purposes, including ECCN and Harmonised Tariff codes, are made for internal use by Us only. Such information is provided by Us in good faith based on the information available to it at the time of compilation. We make no warranty or representation that such information is up to date or correct, and shall not be liable to the Buyer for any form of loss or damage suffered by the Buyer as a result of reliance upon such information. Use of the information is done so at the Buyer’s own risk. The Buyer is responsible for ensuring compliance with all applicable export legislation, including determining the correct classification of an item at the time of any onward export.
7 Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods on our Site are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in print process, device displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
7.2 Where appropriate, you may be required to select the required size, colour, length, number of pins, model number or other technical feature of the Goods that you are purchasing.
7.3 We cannot guarantee that Goods will always be available for quick dispatch. Stock indications may be provided on our Site; however, such indications may not be accurate and must not be relied upon.
7.4 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.5 The price of the Goods shall be the price shown on Our Website current at the date of acceptance of the Buyer's order. We make all reasonable efforts to ensure that all prices shown on Our Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed for immediate delivery, however please note sub-Clause 7.8 regarding VAT.
7.6 All prices are checked by Us before accepting your Order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, we will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If we do not receive a response from you within 5 working days, we will treat your Order as cancelled and notify you of this in writing.
7.7 WTS reserves the right, by giving written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in costs to WTS which is due to any factor beyond the control of WTS (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which are requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
7.8 All prices displayed on Our Site are shown, by clicking a switch, either exclusive or inclusive, of Value Added Tax (VAT). VAT is an excise, or levies of a similar nature which are imposed or charged by any competent fiscal authority, of which the Buyer is additionally liable to pay to Us. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery charges, options and related charges can be found on each product page and will be presented for selection as part of the order checkout process.
8 Orders – How Contracts are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
8.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.
8.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will contact you and explain why. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 days.
8.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
9 Payment
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Online payment using Credit and Debit Cards;
9.2.2 Offline payment using Bank transfer (Faster, SWIFT, SEPA), cheque or cash;
10 Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, Our carrier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
10.2.2 If you do not collect the Goods or rearrange delivery within 5 days, the goods will be returned to us. We will contact you to ask you how you wish to proceed and if you wish to pay for a further delivery. If we cannot contact you, We will treat the Contract as fulfilled.
10.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Goods; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 5 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
10.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
10.9 Where Goods are to be exported out of the United Kingdom:
10.9.1 the terms of purchase of the Goods will be subject only to warranty provided by the original equipment manufacturer (“OEM”) and the Buyer shall be solely responsible for ensuring that it fully understands and is aware of such warranty terms;
10.9.2 the Buyer shall ensure that it complies with any export controls as described at Clause 6;
10.9.3 the relevant tax legislation will be applied in accordance with and under the United Kingdom legislation at the time of the contract;
10.9.4 the Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any import taxes or duties thereon;
10.9.5 unless otherwise agreed in writing between the Buyer and WTS, delivery terms of the Goods shall be Delivered at Place (DAP) (as per Incoterms 2020) and WTS shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979;
11 Acceptance and Returns
11.1 The Buyer is responsible for inspecting the shipment contents containing the Goods on Delivery to check the Goods for damages, discrepancies and shortages.
11.2 The Buyer shall notify WTS in writing within 2 days of Delivery of any short Deliveries, damaged Goods or any non-shipment of Goods detailed on the Delivery Note. WTS on receiving notification shall at its option:
11.2.1 replace the short or damaged Goods within 20 Business Days of receiving the Buyer’s notice; or
11.2.2 refund to the Buyer the price for those Goods (or parts thereof, as appropriate);
11.2.3 WTS shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice given by the Buyer as set out above.
12 Faulty, Damaged or Incorrect Goods
12.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at using the details shown on Our Contact page as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
12.1.1 beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above;
12.1.2 if you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days;
12.1.3 if, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund;
12.1.4 if you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods;
12.1.5 within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
12.2 You will not be eligible to claim under this Clause 12 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
12.3 To return Goods to Us for any reason under this Clause 12, please contact Us to request a returns form and to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
12.4 Refunds (whether full or partial, including reductions in price) under this Clause 12 will be issued within 5 calendar days of the day on which We agree that you are entitled to the refund.
12.5 Any and all refunds issued under this Clause 12 will include all delivery costs paid by you when the Goods were originally purchased.
12.6 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
12.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
13 Cancelling and Returning Goods if You Change Your Mind
13.1 If you are consumer outside of the European Union then you may cancel Your Order for any reason before we send the Order Confirmation. Once the Contract is formed (i.e. your Order is complete and We have sent you your Order Confirmation), then You cannot cancel the contract if you change your mind and the sub-clauses below do not apply.
13.2 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period and can cancel the Contract for any reason. This period begins once the Contract between you and Us is formed (following Order Confirmation). You may also cancel for any reason before We send the Order Confirmation.
13.3 The legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the single instalment or last multiple instalment of Goods.
13.4 If you wish to exercise your right to cancel under this Clause 13, you must inform Us of your decision within the cooling-off period by contacting Us using the details shown on Our Contact page. You will need to provide Us with your name, address, email address, telephone number, and Order Number.
13.5 Please note that you may lose your legal right to cancel under this Clause 13 in the following circumstances:
13.5.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
13.5.2 If the Goods have been custom-made for you;
13.5.3 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
13.6 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 13.
13.7 You may return Goods to Us in person during Our business hours or you may return them by post or another suitable delivery service of your choice to Our address as shown on Our Contact page. You will need to complete a returns form and include it with the goods being returned, please contact Us for a copy of the form. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 13.
13.8 Refunds under this Clause 13 will be issued to you within 14 calendar days of the following:
13.8.1 the day on which We receive the Goods back; or
13.8 2 if We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
13.9 Refunds under this Clause 13 may be subject to deductions in the following circumstances:
13.9.1 refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively;
13.9.2 standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 13;
13.9.3 refunds under this Clause 13 will be made using the same payment method that you used when ordering the Goods.
14 Our Liability to Consumers
14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3 Nothing in these Terms and Conditions of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
14.4 Nothing in these Terms and Conditions of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
15 Force Majeure (events outside our control)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
15.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
15.2.1 we will inform you as soon as is reasonably possible and take all reasonable steps to minimise the delay;
15.2.2 to the extent that we cannot minimise the delay, Our affected obligations under the Contract will be suspended and any time limits that We are bound by will be extended accordingly;
15.2.3 we will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
15.2.4 if the event outside of Our control continues for more than 60 calendar days We will cancel the Contract and inform you of the cancellation;
15.2.5 if an event outside of Our control occurs and continues for more than 30 calendar days and you wish to cancel the Contract as a result, you may do so by contacting Us using the details shown on Our Contact page;
15.2.6 in each case, providing Us with your name, address, email address, telephone number, and Order Number.
15.3 Any refunds due to you as a result of a cancellation due to Clause 14 will be paid to you as soon as is reasonably possible and in any event within 5 days of the date on which the Contract is cancelled.
16 Communication, Complaints and Feedback
16.1 We always welcome feedback from Our customers, please feel free to leave any reviews of products or our service on Our Site or social media pages. Whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. All complaints are handled in accordance with Our complaints handling policy and procedure which is designed to be robust and fair.
16.2 To communicate with Us please use the details shown on Our Contact page.
17 How We Use Your Personal Information (Data Protection)
17.1 All personal information that you give Us will be processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy shown on Our Site.
18 Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions of Sale. The remainder of these Terms and Conditions of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of receiving the returned goods or cancellation.
19 Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 11.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 As a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.