1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our goods or products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our goods or products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Wholesale Domestic Equipment Company Limited a company registered in Scotland. Our company registration number is SC41435 and our address is 400-406 Hillington Road, Hillington Industrial Estate, Glasgow, G52 4BL. Our registered VAT number is 260 6850 59.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0344 809 4249 or by writing to us at 400-406 Hillington Road, Hillington Industrial Estate, Glasgow, G52 4BL or by emailing us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we either: (i) confirm (verbally in person or over the telephone) we are able to provide you with the goods or product; or (ii) write to you to accept your order; or (iii) email you to accept the order. Upon acceptance of your order, payment will be requested or we will provide you with the details as to when payment will be due. A contract will come into existence between you and us when we have confirmed your order either by email (Confirmation Email) or in writing (Order Acknowledgement). In the Confirmation Email or Order Acknowledgement we will also provide you with an estimated delivery date.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods or product. This might be because the goods or product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our brochures and website are solely for the promotion of our goods and products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. Our goods and products
4.1 Goods and products may vary slightly from their pictures. The images of the goods and products in our brochures and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a picture in the brochure and a device's display of the colours accurately reflects the colour of the goods and products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the goods and products may vary from that shown in images in our brochure or on our website.
4.3 Making sure your measurements are accurate. If we are making the goods and products to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochures and on our website, or by contacting us.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be able to end the contract (see clause 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may be required to change our goods and products to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the goods or products.
6.2 More significant changes to the products and these terms. In addition, either: (i) as told to you over the telephone; (ii) as set out in our brochure; (iii) as set out on our website; or (iv) as told to you in the course of email exchanges, we may be required to make more significant changes to our goods and products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as told to you during the order process and as set out in our current price list which can be found in our brochures and on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the goods or products to you. Any estimated delivery date will be provided in your Confirmation Email or Order Acknowledgement, however we will endeavour to deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the goods or products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of Monday to Friday 07.00 - 19.00, Saturday 09.00 - 17.00 and Sunday 11.00 - 17.00.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to re-arrange delivery.
7.6 If you do not re-arrange delivery. If you do not collect the goods or products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if: (i) we have refused to deliver the goods; (ii) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (iii) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 When you become responsible for the goods and products. Goods and products will be your responsibility from the time we deliver them to the address you gave us or you collect the goods and products from us.
7.9 When you own the goods and products. You own the goods and products once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods or products to you. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of goods or products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods or products as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of goods or products. We will contact you in advance to tell you we will be suspending supply of the goods and products, unless the problem is urgent or an emergency. You may contact us to end the contract for the goods or product if we suspend it, or tell you we are going to suspend it, in each case where the suspension period is more than 30 days and we will refund any sums you have paid in advance in respect of the period after you end the contract.
7.13 We may also suspend supply of the goods or products if you do not pay. If you do not pay us for the goods or products when you are supposed to (see clause 12.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the goods or products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods or products. We will not suspend the goods or products where you dispute the unpaid invoice (see clause 12.5). We reserve the right to charge you interest on any overdue payments (see clause 12.4).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether the goods or products were bought in store, online or over the telephone, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods or product repaired or replaced or to get some or all of your money back), (see clause 11);
(b) If you want to end the contract because of something we have done or have told you we are going to do, (see clause 8.2);
(c) If you have just changed your mind about the goods or product, (see clause 8.3). You may be able to get a refund if you are within the cooling-off period (14 days), but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), (see clause 8.5).
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods or products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the goods or product which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the goods or product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods or products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods or products for technical reasons, or we have notified you that we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 How long do I have to change my mind? How long you have depends on what you have ordered, how you have ordered it and how it is delivered.
(a) Have you bought goods in store? If so you may change your mind about our goods or products either before it is delivered or within 14 days of receiving it. Please contact us to arrange for a full refund. If you have received the unwanted goods or product you must return it to us at your own expense.
(b) Have you bought goods online or by telephone? If so you have 14 days after the day you (or someone you nominate) receives the goods or products. If your goods are split into several deliveries over different days you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of goods or products which have made or produced to your specifications. Once your order for such bespoke goods or products has been confirmed by Confirmation Email or Order Acknowledgement you cannot change your mind. However if the goods or products are faulty or does not match the agreed specification you will be entitled to a refund or exchange (see clause 11).
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call our customer service team at 0344 809 4249 or by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
(c) By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Wholesale Domestic Equipment Company Limited, 50 Montrose Avenue, Hillington Park, Glasgow, G52 4LA or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0344 809 4249 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods or products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the goods or product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the goods and products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods or product back from you.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for the goods or products at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods or products; or
(c) you do not, within a reasonable time, allow us to deliver the goods or products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the goods or product
11.1 How to tell us about problems. If you have any questions or complaints about the goods or products, please contact us. You can telephone our customer service team at 0344 809 4249 or write to us at 50 Montrose Avenue, Hillington Park, Glasgow, G52 4LA or you can email us at firstname.lastname@example.org. Alternatively, please speak to one of our staff in-store.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods or products. Nothing in these terms will affect your legal rights.
Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0344 809 4249 or write to us at 50 Montrose Avenue, Hillington Park, Glasgow, G52 4LA or email us at email@example.com for a return label or to arrange collection.
12. Price and payment
12.1 Where to find the price for the goods or product. The price of the goods or product (which includes VAT) will be the price indicated to you when you placed your order. We take all reasonable care to ensure that the price of the goods or product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods or products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.3 When you must pay and how you must pay. We accept payment by debit and credit card. We accept cash and cheques when payment is being made in-store. You must pay for the goods or products at the time of placing the order or before we despatch the goods or products. You will be advised as to the date of payment in the Confirmation Email or Order Acknowledgement.
12.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees,
13.3 We are not liable for business losses. We only supply the goods or products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods or products to you;
(b) to process your payment; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the goods or products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.
Schedule Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
Wholesale Domestic Equipment Company Limited
400-406 Hillington Road
Hillington Industrial Estate
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate