It is the customers responsibility to determine if the product they are buying is suitable for the purpose of which it‘s use is intended
In these Terms and Conditions the following words have the following meanings:
“WG” means Widdle Gifts Ltd of Unit 9 Ilford Trading Estate, Paycocke Road, Basildon, Essex SS14-3DR.
“Contract” means the agreement between WG and the Purchaser for the purchase of the Items and incorporating them.
“Items” means the items to be supplied or procured by WG and purchased by the Purchaser on the terms of the Contract, as detailed in the Order or on the Website.
“Intellectual Property” means any and all trademarks, registered or unregistered design rights, UK or foreign patents, copyright, confidential information, trade or business names, database rights, know how, technology and other intellectual property rights (and any applications for the foregoing) whether registerable or not in any country.
“Order” means the purchase order containing details relating to the Items and the Contract.
“The Purchaser” means the person, firm, company or other organisation purchasing the Items from WG.
“Website” means any website operated by WG from time to time for the sale of Items.
2. BASIS OF THE CONTRACT
These Terms and Conditions shall be incorporated in all Contracts of WG to sell the Items and are the sole conditions upon which WG will deal with the Purchaser. All other terms, conditions or other representations are excluded from the Contract, including any terms and conditions which the Purchaser may purport to apply under any Contract, and these Terms and Conditions shall prevail and shall govern the Contract to the entire exclusion of any express or implied terms. By accepting the Order or by ordering Items from using the Website the Purchaser agrees to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT THE PURCHASER’S STATUTORY RIGHTS.
No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents, representatives or employees of WG shall be construed to vary in any way any of the terms and conditions
All illustrations contained in WG’s brochures, catalogues, advertisements or price lists are approximate only and are intended merely to give a general idea of the items described therein and shall not form part of the Contract.
Any written quotation, estimate and/or advertised price for the Items shall be an invitation to treat and no binding contract shall be created by placing an Order on WG website or otherwise until WG has acknowledged the Order to the Purchaser either verbally or in writing (as appropriate).
These Terms and Conditions apply to all purchases of Items from WG whether from its Website, e-mail or otherwise.
Any reference in the Contract to “writing” or cognate expressions, include a reference to any communication effected by the Website, telex, cable, facsimile, email or any comparable means.
Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
WG may update these Terms and Conditions from time to time and any changes will be notified to the Purchaser via the e-mail address provided by the Purchaser or via a suitable announcement on the Website. The changes will apply to the use of the Website after WG has given notice. If the Purchaser does not wish to accept the new Terms and Conditions the Purchaser should not continue to use the Website. If the Purchaser continues to use the Website after the date on which the change comes into effect, the Purchaser’s use of the Website indicates its agreement to be bound by the new Terms and Conditions.
3. PURCHASER’S DESIGN
The Purchaser warrants that the Design it supplies to WG is accurate and free from error. Subject to Clause 3.2, WG shall not be liable for any losses, claims, damages, costs or expenses suffered by the Purchaser resulting from any error or inaccuracy in such Design.
Where WG supplies items bearing printed matter for the Design no claim whatsoever shall be made in respect of –
The contents, colouring or position of such Design unless such claim is made within fourteen days after delivery of the first consignment delivered under any Order. No such claim can be accepted if the said contents, Design or position comply with a proof submitted to and approved by the Purchaser or WG;
Any defective printing after any part of the Items comprised in any consignment delivered in pursuance of any Order has been used for any purpose whatsoever.
Any time or date given for delivery of the Items whether specified in the Order or otherwise given by WG shall be taken as an estimate made by WG in good faith but shall not be binding upon WG as a term of the Contract or otherwise. Time of delivery is not of the essence for the purposes of the Contract and WG will not be liable for any loss or damage sustained by the Purchaser in consequence of any failure to deliver within such time or by such date or in consequence of the delay howsoever caused.
Risk in the Items shall pass to the Purchaser from the time of despatch to the Purchaser or its agent and the Purchaser shall insure the Items against loss and damage by fire or other insurable risk from that time until the price thereof has been paid in full and cleared funds. The Purchaser shall hold on trust for WG any insurance monies received as a result of such loss or damage.
Where Items are delivered by instalments under the Contract each instalment shall be deemed to be sold under a separate Contract and any failure on the part of WG for the delivery of a particular instalment or any defects in workmanship or materials affecting any particular instalment shall not entitle the Purchaser to repudiate the Contract with regard to any instalments remaining deliverable or to refuse or withhold payment for any Items delivered.
5. NOTICE OF NON-DELIVERY, SHORTAGE OR DAMAGED GOODS
The Purchaser shall notify WG of any shortage of or damage to items delivered within 48 hours of delivery or collection and such notification shall be confirmed in writing by the Purchaser within 14 days of delivery. No responsibility whatsoever for such shortages or damages will be accepted by WG in the event of failure by the Purchaser to notify WG of the same within the said period. Items damaged in transit should not be accepted from the carrier where possible.
All prices quoted are inclusive of VAT and unless specifically stated are based upon costs current at the date of quotation.
The Purchaser agrees that section 32(3) of the Sale of Items Act 1979 shall not apply to Items sent by WG.
7. SUPPLY OF GOODS AND CANCELLATION OF ORDERS
The Purchaser may not cancel any Orders for Items made to the Purchaser’s specific requirements. Orders for Items kept in stock may be cancelled or returned only with the prior written consent of WG and within 7 days of the Order being placed by the Purchaser.
In respect of any Items supplied by WG but manufactured by third parties, the benefit of warranties or guarantees given to WG by such third party manufacturers or suppliers will wherever practicable be passed to the Purchaser subject to the terms and conditions upon which they were given by the third party.
Except as provided in these Terms and Conditions, all warranties, (whether express or implied by statute or common law or howsoever) including without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication of WG) are hereby excluded.
8. SALES VIA WEBSITE
No permission to copy, reproduce, modify or download the Website or any part of such site is given and in particular nothing on such sites may be reproduced for use in any publication, or distributed for any purpose without the prior written consent of WG.
Any information found on the Website is intended for guidance only and the items and prices described in it are subject to change without notice. No representation or warranty is given as to the completeness or accuracy of any information on the Website, or that such information is current.
Where the Website is hyper-linked to any site operated by any third party, WG accepts no responsibility or liability in respect of any produce, service, material or information on such site. The presence of such sites shall not be deemed to be a commendation or endorsement of such site by WG.
WG will not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of access to, use of, or browsing of the Website or the downloading of any material data, text or image.
WG will not be liable for any damage, loss, costs, or expenses suffered by the Purchaser as a result of any downtime (being the period during which the Website is unavailable for use by the Purchase for any reason whatsoever) of the Website.
All trademarks used in WG’s catalogue, brochure, price list or Website belong to WG or the registered proprietor of such trademarks.
All rights relating to copyright, trademarks, know-how and any other Intellectual Property rights in materials or information on the Web-site are reserved to the ownership of WG.
By continuing to use the Website you are deemed to accept these Terms and Conditions.
9. INTELLECTUAL PROPERTY
The Purchaser warrants and represents that any Design or instruction furnished or given to WG shall not be such as to cause WG to infringe any third party Intellectual Property rights. The Purchaser shall indemnify and keep indemnified WG against any and all claims, actions, costs, expenses (including legal expenses and disbursements) made or brought against WG (whether in the UK or elsewhere) in respect of any infringement of any third party Intellectual Property rights as a result of the use of the Design under the Contract.
The supply of Items under the Contract shall not confer any rights upon the Purchaser to use any of WG’s Intellectual Property without the prior written consent of WG and at all times such Intellectual Property shall remain the property of WG. The supply of Items under the Contract shall not imply any right to the Purchaser to use any Intellectual Property which WG may have or any indemnity against infringement of the Intellectual Property rights of third parties by WG.
No licence is granted to the Purchaser in these Terms and Conditions to use any trade mark of WG, or its affiliated companies including, without limitation.
The Website is provided by WG without any warranties or guarantees. The Purchaser must bear the risks associated with the use of the Internet. Nothing in this Clause 14 or elsewhere in the Contract is intended to restrict or exclude WG’s liability for death or personal injury resulting from negligence, or for fraud or for any other liability or loss forbidden by English law.
WG shall not be liable (whether or not WG has been advised of the possibility of such loss) in contract, tort, negligence or otherwise howsoever arising for any claim, damage, loss, costs or expenses (including legal expenses and disbursements) in respect of:
any losses special to the Purchaser;
any direct loss of profits;
any direct loss of turnover; and/or
any direct loss of revenue; or
any indirect or consequential loss or damage howsoever caused including without limitation:
a) any losses special to the Purchaser;
b) any loss of profits;
c) loss of turnover;
d) loss of revenue;
e) loss of business; and/or
f) loss of data ;
and for the avoidance of doubt, the sub-clauses in this Clause 11 are intended and agreed by the Purchaser to be severable.
The Purchaser may not use the Website for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person’s use or enjoyment of the Website
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or web sites connected to the Website
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
The Purchaser will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by WG, all damages awarded against WG under any judgment by a court of competent jurisdiction and all settlements sums paid by WG as a result of any settlement agreed by WG arising out of in connection with:
any claim by any third party that the use of the Website by the Purchaser is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the Website by the Purchaser infringes that third party’s copyright or other intellectual property rights of whatever nature;
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by the Purchaser.
12. AVAILABILITY OF THE WEBSITE
Although WG aims to offer you the best service possible, WG makes no promise that the services at the Website will meet your requirements. WG cannot guarantee that the service will be fault free. If a fault occurs in the service the Purchaser should report it to the Customer Services (see below for contact details) or by email at [email protected] and WG will attempt to correct the fault as soon as WG reasonably can.
The Purchaser’s access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. WG will attempt to restore the Service as soon as it reasonably can.
13. THIRD PARTY WEBSITES
As a convenience to WG’s customers, the Website may include links to other web sites or material which are beyond its control. WG is not responsible for content on the Internet or World Wide Web pages.
14. INTERNATIONAL USE
WG makes no promise that materials on the 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 the Purchaser does choose to access this site from locations outside the United Kingdom, the Purchaser does so on its own initiative and will be responsible for compliance with local laws.
15. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any Contract shall in all respects be governed or construed in accordance with laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
This Website is owned and operated by WG, if you have any queries please contact:
Customer Services at: 01268 962 101
Item added to cart