WEBSITE TERMS AND CONDITIONS
WELCOME TO THE Wessex Scales and Food Machinery WEBSITE TERMS
AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE
USE OF THIS WEBSITE AT www.wessexscales.co.uk.
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS
OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM
US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Our VAT registration number is 886093188
We are a member of the following trade associations/professional
bodies: United Kingdom Weighing Federation
Our contact details are as follows:
Trading address:
Lower Mill,
Exford,
Minehead,
Somerset,
United Kingdom,
TA24 7QE.
General email: sales@wessexscales.co.uk
Telephone number: 0845 472 5345
Fax number 01643 800 299
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website
are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time
to review the then current terms and conditions, because they
are binding on you. Certain provisions of these terms and conditions
may be superseded by expressly designated legal notices or terms
located on particular pages of this Website. If you do not wish
to accept any new terms and conditions after we have given notice,
you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via
our online checkout process. As part of our checkout process
you will be given the opportunity to check your order and to
correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the
order. We will send you a despatch confirmation by email. When
we despatch the order the purchase contract will be made even
if your payment has been processed immediately, unless we have
notified you that we do not accept your order or you have cancelled
your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
or
(d) if you do not meet any eligibility criteria set out in our
terms and conditions.
(e) Delivery charges are added when products are added to the
shopping cart
(f) Please call us for deliveries offshore as they are subject
to surcharges from couriers which are passed on at cost price.
UK Offshore is made up of Northern Island, Shetlands, Isle of
Man, Isle of Wight, Scottish Isles and any other address where
transportation of goods would involve crossing water via boat/ferry
or plane.
(g) Most of our orders are delivered within three working days.
However, because your order may not be in stock and we have to
wait for delivery from the manufacturers, please allow 10 working
days from placing your order for delivery. If there is any deviation
from this expected delivery time you will be notified.
(h) Back Orders If your item is not in stock, we will back order
for you. You will always be emailed with the option to cancel
your order if you would rather not wait.
(i) All goods must be signed for upon delivery. In the event
that there is no one at the premises when the goods are delivered
the couriers are under instructions not to leave the parcel.
If the courier has been unable to deliver the goods you will
be left a card stating the local depot's address and telephone
number. If you then contact the depot you can arrange another
date for the delivery to be made - this must be to the same address.
Alternatively you can arrange to pick the goods up from the depot,
for which you will need some form of identification e.g. a driving
licence.
3. PRICING
3.1 All prices Exclude VAT.
VAT (where applicable) is added at the current rates. We reserve
the right to express the price exclusive of VAT, but we shall
show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance
and other relevant charges, the appropriate rates are set out
in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review
will be on 01/01/2009
4. CANCELLATION, GUARANTEE AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@wessexscales.co.uk before
we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning
goods to us in accordance with clause 4.2 below.
4.2 Returns, We want you to be happy with the equipment that
you have bought and as such we operate a 14 day money back guarantee
that in plain terms, means that if you send the goods back to
us, within 14 days, in the original packaging and in the same
condition as we sent them to you then we will refund your money
minus shipping costs and a 25% restocking fee.
Please note that you will have to bear the cost of the return
postage and ensure that there is sufficient insurance to cover
any damage which may be sustained in transit.
Please note that any items returned to us which you claim to
be faulty or incomplete are checked and verified by our technicians.
Any returned items that are found not to be faulty or incomplete
will be returned to you and we shall be entitled to charge you
for the return carriage costs via your original payment method.
In the event that your credit card has expired, or is declined
we will hold the item(s) until full payment has been made for
the return carriage.
Any items that you return to us are at your own risk, therefore
we strongly advise all our customers to take reasonable care
when returning any items to us for example, by ensuring the goods
are correctly addressed, adequately packaged, and carried by
a reputable carrier.
4.3 Upon receipt of the goods we will give you a full refund
of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause
4.3 will not apply in the following circumstances: -
In the event that the product has been used.
4.5 We are confident of the quality of our products, and all
equipment is sold with a full 12 months Return-to-Base warranty
unless otherwise stated.
In the unlikely event that you experience any problems or your
scale is faulty and you have to return it, please email us first
at: sales@wessexscales.co.uk or alternatively call us on 0845
472 5345
We will replace or repair the item and promptly return it to
you.
Please ensure that any returned equipment is packed in either
the original carton, or if not available, other suitable packaging,
and that you obtain proof of return from your carrier. All goods
are your responsibility until they reach us, and we cannot be
held responsible for goods lost or damaged in transit. Your statutory
rights are not affected.
The provisions of this clause 4.4 do not affect your statutory
rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified
in any way;
(b) no graphics on this Website are used separately from accompanying
text; and
(c) any of our copyright and trade mark notices and this permission
notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us
or our licensors. For the purposes of these terms and conditions,
any use of extracts from this Website other than in accordance
with clause 5.1 above for any purpose is prohibited. If you breach
any of the terms in these terms and conditions, your permission
to use this Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any
reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or
for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is
covered under the Privacy Policy,
any material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations
with respect to such material. We and our nominees will be free
to copy, disclose, distribute, incorporate and otherwise use
such material and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial
purposes.
7.2 You are prohibited from posting or transmitting to or from
this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or
approvals;
(c) which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise
be contrary to the law of or infringe the rights of any third
party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
data).
7.3 You may not misuse the Website (including, without limitation,
by hacking).
7.4 We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the identity
or locate anyone posting any material in breach of clauses 7.2
or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave
this Website. We have not reviewed all of these third party websites
and do not control and are not responsible for these websites
or their content or availability. We therefore do not endorse
or make any representations about them, or any material found
there, or any results that may be obtained from using them. If
you decide to access any of the third party websites linked to
this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do
so on the basis that you link to, but do not replicate, the home
page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or
appearance of the Wessex Scales logo;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that we are endorsing any products
or services other than our own;
(d) you do not misrepresent your relationship with us nor present
any other false information about us;
(e) you do not otherwise use any Wessex Scales trade marks displayed
on this Website without our express written permission;
(f) you do not link from a website that is not owned by you;
and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does
not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in
this clause 8.2 for breach of these terms and to take any action
we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or
any of our group companies may suffer or incur as a result of
your breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.wessexscales.co.uk you must be over
eighteen years of age.
9.2 Each registration is for a single user only. We do not permit
you to share your user name and password with any other person
nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your
password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at
our reasonable discretion or if you breach any of your obligations
under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this
Website is correct, we do not warrant the accuracy and completeness
of the material on this Website. We may make changes to the material
on this Website, or to the products and prices described in it,
at any time without notice. The material on this Website may
be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without
any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, we provide you with this
Website on the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation, the
conditions implied by law of satisfactory quality, fitness for
purpose and the use of reasonable care and skill) which but for
these terms and conditions might have effect in relation to this
Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of
our group companies and the officers, directors, employees, shareholders
or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you
or a third party (including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or
damages arising from or connected in any way to business interruption,
and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in any
way or in connection with the use, inability to use or the results
of use of this Website, any websites linked to this Website or
the material on such websites, including but not limited to loss
or damage due to viruses that may infect your computer equipment,
software, data or other property on account of your access to,
use of, or browsing this Website or your downloading of any material
from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit
our liability for (i) death or personal injury caused by negligence
(as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud; (iii) misrepresentation as to a fundamental matter;
or (iv) any liability which cannot be excluded or limited under
applicable law.
11.3 If your use of material on this Website results in the need
for servicing, repair or correction of equipment, software or
data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and
our officers, directors, employees and agents, harmless from
and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms
and conditions by you, or your use of this Website, or the use
by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed
in accordance with English law. Disputes arising in connection
with these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website
are appropriate or available for use outside the United Kingdom.
It is prohibited to access the Website from territories where
its contents are illegal or unlawful. If you access this Website
from locations outside the United Kingdom, you do so at your
own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any
of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found
by any court of competent jurisdiction to be invalid, the invalidity
of that provision will not affect the validity of the remaining
provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek
to enforce them under the Contracts (Rights of Third Parties)
Act 1999.
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