Terms of Sale

A PDF of this document can be downloaded here

Terms of Sale

Introduction 

It is important that you read these Website Terms of Sale (“Terms of Sale”) carefully before ordering any items from our Website (“Item(s)”).  Together with our Privacy & Cookie Policy and Terms of Use, they govern our relationship with you in respect of this Website and your purchase of Item(s) from the Website or over the telephone.  If you have any questions please contact us (see Our Details below) before continuing.

When confirming an order you will need to click on the button marked “I Accept” on the Website to show that you accept the Terms of Sale. Please note that if you do not accept these Terms of Sale, you will not be able to order any Item(s) from our Website.

You may have other rights granted by mandatory law, and these Terms of Sale do not affect these except if the two are inconsistent.  If this is the case then these Terms Sale will, if permitted by law override any other rights which you may have.

Our details

We are Wight and Wight, a trading name of Sarah Wight, a sole trader whose business address is 22 Wayside, Weston-super-Mare, BS22 9BL.

You can contact us by email at [email protected], via the Contact page on the Website or telephone on +44 (0) 7818 031333.

The Website to which these Terms of Sale apply and for which we are responsible is http://www.wightandwight.co.uk.

 1. Placing an order

1.1 By placing an order you enter into a contract with Us.

 1.2 To order via the Website:

  • click on ‘Add to Basket’ next to the Item(s) you wish to purchase to add then to your Basket;
  • click on ‘Basket’ if you wish to
    • check purchases and/or
    • to remove an item and/or
    • to select deliver location if charges apply (Click for delivery charges)
    • click on ‘Checkout’ to complete your Order;
    • you can then either:
      • log into your Website account if you already have one, or
      • create an account with us using your email address and you will also be asked to create a password, or
      • checkout without logging in

 Note:  You must keep passwords confidential and must not disclose or share it with anyone. The Website holds a secure password file to enable you to request a reminder if you have forgotten your password.

  • you will then be asked to input your order address;
  • un-tick and enter Delivery Address details if different from Order Address;
  • tick to accept Terms of Sale & click checkout;
  • select your payment method and complete details;
  • Confirm your order is correct and pay. If it is not correct, you can revisit your Basket and correct the mistakes before confirming and submitting your Order. It is your responsibility to ensure that your Order is correct before submitting it to us.

1.2.1 If you have any problems with your Order, please contact us.

1.2.2 We will then automatically send a confirmation email, to the email address you supplied, that we have received your Order. We will check to make sure we are able to fulfil your Order, if and when we can, we will send you another email confirming your Order, confirming dispatch of the Item(s) to the delivery address you have requested and giving you estimated timescales for delivery. At this point we will have processed the payment details you supplied and taken payment for your Order.

1.2.3 You should check both emails for accuracy and let us know immediately if there are any errors. Your Order will be accepted by us when we send the second email to you confirming your Order and dispatch of the Item(s) and at this point the contract between us (“Contract”) is formed.

1.2.4 If there are any problems with your Order, you will be contacted by us to discuss the problem and affect a resolution.

1.2.5 Ownership of the Item(s) will pass to you on delivery.

1.2.5 When you submit your Order, you are offering to buy the Item(s) at the price set out in the Order. Prices are checked regularly, however, if we find the price has changed or that there has been a pricing error when we receive your Order we reserve the right to contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, we will still not be under an obligation to supply the Item(s) until we have sent you the second email confirming your Order.

1.3 If you discover you have made a mistake with your Order please contact us immediately. Once the Order is dispatched we are unable to rectify mistakes – you do still have the right to cancel as described in section 3 below.

2. Pricing, Delivery and Discount Codes:

2.1 The prices payable for goods that you order are as set out in our Website. We are not registered for VAT so we are not allowed to show this on the invoice or be deducted for non-UK sales.

2.1.1 All of our prices are in GB Pounds GBP). You will be billed in GB Pounds and if you purchase from outside the UK, currency fluctuations and any payment provider charges may make a difference to the amount billed to you.

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our Website.

2.3 Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.

2.4 Please note that prices in all printed publications are correct at the time of publication and we reserve the right to amend these without prior notification.

3. Right for you to cancel your contract

3.1 Subject to 3.2 below, you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth calendar day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

3.2 Your right to cancel your contract with us for the goods you have ordered is subject to:

a) you notifying us by email at [email protected] or by telephone on +44 (0) 7818 031333, within 14 days of receiving your goods to tell us you are returning them,

b) the item(s) cannot be a personalised or Bespoke Special Order, which due to their unique nature, cannot be exchanged or returned under any circumstances,

c) you are responsible for the cost of returning the item(s) including appropriate insurance within 14 days from notification of cancellation,

d) all tags and labels must still be attached and Item(s) packaging included.

3.3 You are required to take good care of item(s) and packaging in your possession prior to return, and you are liable for the cost of any damaged caused to them.  

3.4 To return your item(s) please follow the steps below (If you are returning faulty goods see section 6 below).

3.4.1 Returns from within the UK:

  • Step 1. Notify us by email at [email protected] or by telephone on +44 (0) 7818 031333 you are returning item(s). You must return your items without delay and within 14 days of notifying us.
  • Step 2. Please note the reasons for return on the reverse of your dispatch note and enclose it with the item(s) to be returned.
  • Step 3. Pack the item(s) with the original protective packaging and seal securely. If returning more than one piece from the same order, please place all returns in one shipment.
  • Please ensure our address details are clearly and correctly shown on the parcel
  • Step 4. Return the item through Royal Mail or a suitable courier with the appropriate insurance level. We strongly suggest that you obtain a Proof of Postage (First Class mail) or the tracking number from the courier. Please retain them in case of non-delivery of the package as you will need them to claim for the cost of the lost items. We do not accept liability for returned goods not received by us.

Note: Your statutory rights are not affected.

3.5 Once you have notified us that you are cancelling your contract, the cost of the Item(s) and any delivery charges (not including return costs) will be credited to your account without delay, and in any event within 14 days starting the day after we receive the goods back in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

4. Cancellation by us

4.1 We reserve the right to cancel the contract between you and us if:

4.1.1 we have insufficient stock to deliver the goods you have ordered;

4.1.2 we do not deliver to your area; or

4.1.3 one or more of the items you ordered was listed at an incorrect price. We will contact you to see if you wish to pay the correct price for the item(s).

4.2 If we do cancel your contract we will notify you by email or by telephone, and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used. If no one is available a card may be left and it is your responsibility to organise re-delivery or collection of the goods.

5.2 All orders within the UK are normally delivered using Royal Mail or a suitable courier. We reserve the right to use an alternative carrier if we feel this is appropriate. We will endeavour to despatch goods within 2 working days of receipt of your order.

5.3 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

5.4 We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

5.5 If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.

5.6 Delivery charges and details are on the Website.

6. Returning faulty goods

6.1 Faulty items will only be accepted if the goods are delivered to the customer damaged, or if there is a subsequent manufacturing fault within a period of 6 months after delivery.

6.2 All items returned as faulty will be inspected, and any item displaying damage only deemed to be a result of fair wear and tear will not be accepted as faulty and will be returned to you. Where possible, items may be repaired, but only where such items are deemed faulty and repairable. Note: Your statutory rights are not affected.

6.2.1 It may be possible for us to repair items which have suffered wear and tear but such repairs do not come with a guarantee. There will be a charge for this service, which is to cover the cost of shipping and any other costs incurred.

6.3 If accepted as faulty and cannot be repaired, refunds will be made within 30 days of the date of us notifying you a refund is to take place.

7. Liability

7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question.

7.2 If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:

7.2.1 to make good any shortage or non-delivery; or

7.2.2 to replace any goods that are damaged or defective; or

7.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

7.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3 above.

7.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

7.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7.6 We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.

8. Notices

Unless otherwise expressly stated in these terms of sale, all notices from you to us must be in writing and sent by email or writing to our contact address,  and all notices from us to you will be displayed on our website from time to time.

9. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

10. Privacy

You acknowledge and agree to be bound by the terms of our Privacy and Cookies Policy.

11. Governing Law

Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.

12. Entire Agreement

12.1 These terms and conditions, together with our current website prices, website terms of use,  delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

12.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.

13. Events Beyond our Control

We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

14. Our rights

We reserve the right to change the terms of sale. Any orders made following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms have been changed. If you do not agree to any change to the terms then you must not order from us.

This version effective from 21 October 2016

 

 A PDF of this document can be downloaded here