GENERAL TERMS AND CONDITIONS
1. ABOUT US
1.1 Company details. Wohler UK Limited (company number 14555149) (we and us) is a company registered in England and Wales and our registered office is at G1 Lincoln House, Lincoln Way, Sherburn-In-Elmet, Yorkshire, England, LS25 6PJ. Our VAT number is GB439471764. We operate the website www.wohler.co.uk.
1.2 Contacting us. To contact us telephone our customer service team at 01977 80 60 40 or email [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 14.2.
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. OUR GOODS
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a tolerance that is specified on our site.
4.3 The packaging of your Goods may vary from that shown on images on our site.
4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5. RETURN AND REFUND
5.1 You may cancel the Contract and receive a refund, if you notify us as set out in clause 5.2 within 14 days of your receipt of our email accepting your order.
5.2 To cancel the Contract, you must email us at [email protected] or contact our Customer Services team by telephone on +44 1977 806040, Monday to Friday, between 9am and 5pm, or by post to Wohler UK Ltd, G1 Lincoln House, Lincoln Way, Sherburn in Elmet, LS25 6PJ. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
5.3 If you have returned the Goods to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Goods and will refund you using the same method of payment used by you to pay.
5.4 If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page at RMA Request | Wöhler Technik GmbH (wohler.co.uk) for our returns address, printable returns labels and information about our authorised carrier and how to arrange a return.
6. DELIVERY, TRANSFER OF RISK AND TITLE
6.1 We will contact you with an estimated delivery date, which will be within 30 days after the date on which we email you to confirm our acceptance of your order.
6.2 Delivery to mainland Great Britain destinations and the Isle of Man are complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time. For delivery to any United Kingdom addresses that are outside mainland Great Britain and the Isle of Man, the orders can be placed by you with Wöhler Technik GmbH, using the website www.woehler-international.com. Risk in the Goods shall pass to you on delivery.
6.3 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.4 Title to the Goods shall not pass to you until the earlier of:
(a) us receiving payment in full (in cash or cleared funds) for the Goods and all other sums that are due to us from you for sales of Goods, in which case title to these Goods shall pass at the time of payment of all such sums; and
(b) you reselling those Goods, in which case title to those Goods shall pass to you at the time specified in clause 6.6.
6.5 Until title to Goods has passed to you, you shall:
(a) store those Goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to those Goods;
(c) maintain those Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks with an insurer that is reasonably acceptable to us. You shall obtain an endorsement of our interest in the Goods on your insurance policy, subject to the insurer being willing to make the endorsement. On request you shall allow us to inspect those Goods and the insurance policy; and
(d) give us such information as we may reasonably require from time to time relating to:
(i) the Goods; and
(ii) your ongoing financial position.
6.6 Subject to clause 6.7, you may resell or use the Goods in the ordinary course of your business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:
(a) you do so as principal and not as our agent; and
(b) title to those Goods shall pass from us to you immediately before the time at which resale by you occurs.
6.7 At any time before title to the Goods passes to you, we may:
(a) by notice in writing, terminate your right under clause 6.6 to resell the Goods or use them in the ordinary course of your business; and
(b) require you to deliver up all the Goods in your possession that have not been resold and if you fail to do so promptly, enter any premises of yours or of any third party where the relevant Goods are stored in order to recover them.
7. NO INTERNATIONAL DELIVERY
7.1 Unfortunately, we do not deliver to addresses outside mainland Great Britain and the Isle of Man.
7.2 You may place an order for Goods from outside mainland Great Britain and the Isle of Man, but this order must be for delivery to an address in mainland Great Britain or the Isle of Man. If you would like to place an order for delivery to an address outside mainland Great Britain and the Isle of Man, please place the order through the website www.wohler-international.com.
8. PRICE OF GOODS AND DELIVERY CHARGES
8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. Prices are in Pounds Sterling and do not include any applicable VAT, which will be added. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
8.4 The price of the Goods does not include delivery charges. Our delivery charges are £10 per item for deliveries to mainland Great Britain, and £15 per item for deliveries to the Isle of Man.
8.5 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
(b) if the Goods' correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
9. HOW TO PAY
9.1 You can only pay for Goods using Paypal or a credit card. We accept the following cards: Visa and Mastercard.
9.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your credit card or Paypal until we dispatch your Goods.
10. MANUFACTURER'S GUARANTEE
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
11. OUR WARRANTY FOR THE GOODS
11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
11.2 Subject to clause 11.4, we provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall:
(a) subject to clause 4, conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship.
11.3 Subject to clause 11.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
11.4 We will not be liable for breach of the warranty set out in clause 11.2 if:
(a) the Goods you purchased from us were second-hand or consumables (such as, without limitation, rechargeable batteries, sensors or filters);
(b) you make any further use of the Goods after giving notice to us under clause 11.3;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the Goods without our written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(f) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.
11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
12.3 Subject to clause 12.2, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity; or
(d) loss of anticipated savings; or
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
13. TERMINATION
13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within five (5) days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer to "in writing" in these Terms, this includes email.
14.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
14.3 A notice or other communication is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
14.4 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 email, that such email was sent to the specified email address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. GENERAL
15.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.