TERMS AND CONDITIONS
The buyer's attention is in particular drawn to the provisions of conditions 2.7, 2.8, 4.4, 7 and 8.
1. Interpretation
1.1 The definitions and rules of interpretation in this condition apply in these conditions. You/Your: the person, firm or company who purchases the Good(s) from Us. Us/We/Our: Williamson Tea Limited (Company number ? 7 Portland Close, Townsend Industrial Estate, Houghton Regis, Dimstable, Bedfordshire, LU5 5AW, United Kingdom). Contract: any contract between Us and You for the sale and purchase of the Good(s), incorporating these conditions. Good(s): any Good(s) agreed in the Contract to be supplied to You by Us (including any part or parts of them). Website. www.williamsontea.com
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2. Application of terms
2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which You purports to apply under any purchase order, confirmation of order, specification or other document). We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Website and it is Your responsibility to read the terms and conditions on each occasion Your use of this Website and Your continued use of the Website shall signify Your acceptance to be bound by the latest terms and conditions.
2.2 No terms or conditions endorsed on, delivered with or contained in any purchase order, confirmation of order, specification or other document which You may deliver to Us shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all of our sales to consumers and any variation to these conditions and any representations about the Good(s) shall have no effect unless expressly agreed in writing and signed by a director of the Company. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in the Contract. Nothing in these conditions shall exclude or limit Our liability for fraudulent misrepresentation.
2.4 You must complete and submit an order form via Website and this will constitute an offer.
2.5 Each order or acceptance for Good(s) by You from Us shall be deemed to be Your offer to purchase the Good(s) and We will not be bound unless and until We accept Your offer.
2.6 You are subject to the conditions set out herein and if You do not agree to the conditions You are not able to purchase at all. Goods are not supplied pursuant to this contract for the purposes of resale and are only supplied for your own use as a consumer. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website the business to business terms and conditions apply.
2.7 The purchase of Good(s) is subject to availability and a minimum order value of £3.00 calculated at the time of ordering. This minimum order value does not include the costs of delivery which shall be charged in addition to the rice of the Goods.
2.8 No order placed by You shall be deemed to be accepted by Us until a written acknowledgement of order is issued by Us or (if earlier) We deliver the Good(s) to You.
2.9 We will send an acknowledgement of receipt of Your offer, however, this will not constitute an acceptance of the offer.
2.10 You shall ensure that the terms of Your order and any applicable specification are complete and accurate.
2.11 Any offer is given on the basis that no Contract shall come into existence until We despatch a formal acknowledgement of order to You. This shall take place within 2 days of Your order.
3. Description
3.1 The quantity and description of the Good(s) shall be as set out in Our acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by Us and any descriptions or illustrations contained on the Website are issued or published for the sole purpose of giving an approximate idea of the Good(s) described in them and We give no warranty as to their accuracy. Accordingly, this is not a sale by description.
4. Delivery
4.1 Delivery shall be deemed to take place on the date that the Good(s) are actually delivered to the address provided by You when placing Your order at which point the risk in the Good(s) shall pass to you. On delivery there must be an adult over the age of 18 available to inspect and sign for receipt of the Good(s). As the contract between Us is not concluded until You accept the Goods at the time of delivery, You are entitled to refuse some of or all of the Goods before signing for them.
4.2 Any dates specified by Us for delivery of the Good(s) are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
4.3 Subject to the other provisions of these conditions We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Good(s) (even if caused by Our negligence), nor shall any delay entitle You to terminate or rescind the Contract unless such delay exceeds 30 days from the date of Your order.
4.4 If for any reason You fail to accept delivery of any of the Good(s), or We are unable to deliver the Good(s) on time because You have not provided appropriate instructions, documents, licences or authorisations or there is no one available who is over the age of 18 to sign for the Good(s):
4.4.1 risk in the Good(s) shall pass to You (including for loss or damage caused by Our negligence);
4.4.2 the Good(s) shall be deemed to have been delivered; and
4.4.3 We may store the Good(s) until delivery, whereupon You shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.5 We reserve the right where necessary to deliver the Good(s) by separate instalments.
4.6 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle You to repudiate or cancel any other Contract or instalment.
5. Non-delivery
5.1 The quantity of any consignment of Good(s) as recorded by Us upon despatch from Our place of business shall be conclusive evidence of the quantity received by You on delivery unless You can provide conclusive evidence proving the contrary.
5.2 Our liability for non-delivery of the Good(s) shall be limited to replacing the Good(s) within a reasonable time or issuing a credit note at the pro rata Contract rate.
6. Price and payment
6.1 Payment is taken from Your card at the time We receive Your order, once We have checked Your card details and stock availability. In the event that We are unable to supply the Good(s) due to a lack of stock, We will inform You of this as soon as possible. We will give You the option of either providing the Good(s) to You once We have them in stock or, if You have already paid for the Good(s), a full refund will be given within 30 days from the date of Your order.
6.2 The price You pay is the price displayed on this Website at the time We receive Your order. While We try and ensure that all prices on the Website are accurate, errors may occur. If We discover an error in the price of Good(s) You have ordered We will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel and You have already paid for the Good(s), You will receive a full refund.
6.3 Payment can be made by the following secure methods of payment: Credit and Debit Cards.
6.4 Title to any Good(s) You order on this website shall pass to You on delivery of the products provided that We have processed and received payment in full for those Good(s).
6.5 All prices include VAT (where applicable) at the applicable current rates and include delivery charges provided that delivery is to take place in mainland UK. If delivery is to take place outside mainland UK, We shall charge You the costs of freight to Your card when You make payment for the Good(s).
7. Cancellation, refunds and substitution
7.1 Under the terms of the Consumer Protection (Distance Selling) Regulations 2000, You are entitled to cancel Your order within seven days following the day upon which You received the Good(s). This right does not apply to Good(s) that have been supplied in accordance with Your specification or which are personalised or Good(s) that by their nature cannot be returned, or goods which are perishable or which are intended for everyday consumption such as beverages or food.
7.2 In the unlikely event that the Good(s) are damaged or faulty and You did not exercise Your right to reject in accordance with clause 4.1 You will need to return the Good(s) to Williamson Tea, 7 Portland Close, Townsend Industrial Estate, Houghton Regis, Dunstable, Bedfordshire LU5 5AW.
7.3 On occasion the manufacturer's specification for products advertised on our Website may change. In such circumstance We will try to offer You a substitute product of the same or better quality at the same price pursuant to clause 2.9 and 2.10. If You are not happy with the replacement You may cancel Your order and we will refund any money You have paid.
7.4 Any Good(s) that You return to Us must not be used and in their original undamaged packaging with all their labelling attached. You should also provide the receipt and Your order reference number. You will be liable for the costs of return freight however, We will reimburse these costs to You in the event that the Good(s) that You return were damaged on Your receipt of the same.
8. Limitation of liability
8.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
8.2 Subject to clause 8.1 above, We use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website and We accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
8.3 Subject to clause 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at clause 8 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
8.4 Subject to clause 9.1 above, We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
8.4.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
8.4.2 loss of goodwill or reputation; or
8.4.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
8.5 Notwithstanding the above, subject to clause 8 Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by You for the product(s) in respect of one incident or series of incidents attributable to the same clause.
8.6 This clause 8 does not affect Your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.7 We will take all reasonable precautions to keep the details of Your order and payment secure, but, unless We are negligent, We cannot be held liable for any losses caused as a result of unauthorised access to information provided by You.
9. Assignment
9.1 We may assign the Contract or any part of it to any person, firm or company. 9.2 We shall not be entitled to assign the Contract or any part of it without Our prior written consent.
10. Force majeure
We reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Good(s) ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, You shall be entitled to give notice in writing to Us to terminate the Contract.
11. General
11.1 Our rights or remedies under the Contract are without prejudice to any other right or remedy that We may have whether under the Contract or not.
11.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3 Failure or delay by Us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of Our rights under the Contract.
11.4 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
12. Communications
12.1 All communications that You send to Us in connection with this contract should be sent to Us at: 7 Portland Close Townsend Industrial Estate Houghton Regis Dunstable Bedfordshire LU5 5AW UK Tel: +44 (0)1582 813810 Fax: +44 (0)1582 813811 Email: sales@williamsonfineteas.com
12.2 In the event that We need to contact You We will do so using the contact details that You provide to Us in connection with any order that You make.