TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.wolsey.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
- INFORMATION ABOUT US
www.wolsey.com is a site operated by Wolsey Limited (trading as Wolsey) (“we”, “us” or “our”). We are registered in England and Wales under company number 3246062 and with our registered office are Suite 7a, No 1 The Courtyard, Earl Road, Cheadle Hulme, Cheadle, England, SK8 6GN.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are a ‘consumer’ (being an individual purchasing the Products outside the course of his or her business or trade); and
(c) you are at least 18 years old
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such other Products has been confirmed in a separate Dispatch Confirmation.
4. DELIVERY
4.1 We will endeavour to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then in accordance with the following:
4.1.1 UK delivery should be received within 2-5 working days;
4.1.2 Rest of World delivery should be received within 10 working days;
4.1.3 Delivery of sale items should be received within 7 working days for UK, or within 13 working days for International shipping destinations;
4.1.4 Deliveries on working days will be made Monday through Friday, excluding UK bank holidays.
4.1.5 For the avoidance of doubt:
4.1.6 Due to recent legislation changes we are currently not delivering to Northern Ireland or the EU
4.1.7 All delivery dates and times are estimates only, and we will not be liable in respect of any delay in meeting such delivery times;
4.1.8 Delivery prices and times depend on your location and you will be liable for any additional charges for shipments leaving the UK, as referred to on the relevant page of our site and within points 6.3 and 10 within our terms and conditions;
4.1.9 No deliveries will be made on weekends or bank holidays;
4.1.10 Orders placed on a Friday after 12 noon will not be delivered before the following Monday.
4.2 You will be emailed the courier’s tracking number for your delivery once it has been despatched. This applies for both DPD and DHL.
- For DPD, you can use the ‘follow my parcel’ link and enter your tracking number. DPD (UK) - Follow My Parcel
- For DHL, you will be contacted via email through their On Demand Delivery service where you will be able to track your order
4.3 If you provide to us any instructions relating to the delivery of your order, you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the Products resulting from our following of your instructions.
4.4 If your order is taking longer than expected, you can check the status of your delivery. For DPD, please visit DPD (UK) - Follow My Parcel and enter the tracking number provided to you, and for DHL, please use the link you originally received when the order was despatched
4.4.1 Should your delivery not be received within 3 working days of despatch for UK deliveries, or within 10 working days of despatch for International deliveries, please contact us at customerservice@wolsey.com
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will pass to you when we receive full payment of all sums due to us in respect of the Products, including the product charge and the delivery fee that we charge you
6. PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices include (where applicable) VAT but exclude delivery costs, which will be added to the total amount due as set out on the relevant page of our site.
6.3 If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information before placing an order with us.
6.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mispricing.
6.7 You can only pay for your products by using a debit card, credit card or PayPal. The cards we accept are shown at the time of ordering. Payment for the products and all delivery charges is in advance. However, we will not charge your debit or credit card until immediately before we dispatch the order.
6.8 By submitting an order to us through our website you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full.
6.9 Any vouchers, coupons, discounts, promotional offers and promotional codes offered by us are valid only for use as part of a purchase made via www.wolsey.com, unless otherwise stated and may be implemented or withdrawn at any time.
7. YOUR RIGHT TO CANCEL
7.1 If you are contracting as a consumer (as ‘consumer’ is defined in clause 2(b)above), you have a right under the Consumer Contracts Regulations to cancel the Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy at clause 8 below.
7.2 To cancel a Contract, you must inform us in writing – please see clause 7.3(a) below for details of how to contact us. You must also return the Product(s) to us within fourteen days, in the same condition in which you received them. You must take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may refuse to accept your cancellation under this clause 7 and/or have a right of action against you for compensation.
7.3 In order to exercise your rights under clauses 7.1 to 7.2 above:
(a) email us at customerservice@wolsey.com within 14 days of receiving your order, telling us your order number and detail of your request to cancel.
(b) please return the products to us within 14 days to Wolsey Web Returns, c/o Davies Turner Logistics, Station Road, Coleshill, B46 1DT.
7.4 Please also note that you will not have the right to cancel the Contract under this clause 7 where you have asked us to personalise the Products in your order in any way.
7.5 It is important for you to know that nothing in this clause 7 affects your rights as a consumer (as ‘consumer’ is defined at clause 2(b) above). As a consumer you have the benefit of certain warranties implied into the Contract. For example, the Consumer Rights Act 2015 implies a term into the Contract that the Products must be of satisfactory quality and fit for purpose. Please see clause 8.2(b) below in relation to Products which you consider are defective.
8. OUR REFUNDS POLICY
8.1 We accept returns on all orders within 14 days of delivery and unwanted items must be returned in their original packaging with all tags attached, unused and in perfect condition; please make sure that the returns form is completed and included (Please see guidance within the refund section of the website). We will not accept worn, damaged, altered or used goods. We reserve the right to reduce the amount of monies refunded (up to the value of the contract price) where the value of the goods are diminished from your handling of the goods which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. We shall evaluate the condition of the product by considering if your handling goes beyond that which might reasonably be allowed in a shop and the general wear of the product.
8.2 When you return a Product to us:
(a) if you have cancelled the Contract between us in accordance with clause 7 above, we will process the refund due to you as soon as possible and, in any case, within 14 days from us receiving the returned Product. In this case, we will refund the price of the Product in full including the basic delivery charge you have paid for us posting the product to you, however, you will be responsible for the cost of returning the item to us (please see 8.4 for further detail) ; or
(b) if returning a Product outside the allowed 14 days from delivery window because you believe that the Product is defective, please initially contact us via email at customerservice@wolsey.com and we will be able to advise on next steps. If we request the Product to be returned to us, we will examine the returned Product and will notify you of any refund and / or next steps via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect which we have examined and agreed exists will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
(c) for any product you wish to return outside the 14 day policy that is not covered under your Right to Cancel or that is not a defective product, then in the first instance we ask that you contact us at customerservice@wolsey.com before you post your return so we can advise but please note there is no guarantee that these products will be accepted for return or refund.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.4 For Returns from UK shipping destinations – we do offer a returns service via DPD, for which there will be a non-refundable charge for use of this, which you as the customer are liable for, and which will be reduced from your total refund amount. The charge for this service along with further guidance is stated within the refund section of the website. Alternatively, you may choose to use a different postal service of your choosing for which you will be liable for all costs involved. As the items do remain your responsibility until they are received back to us and as we are unable to take any responsibility for goods that are lost or damaged in the post, we do request that you send your return by registered post and that you keep your proof of postage for reference.
8.4.1 For Returns from Non-UK shipping destinations – you are responsible for arranging and paying any and all associated costs for an international return of unwanted items – including but not limited to any and all customs, duties, tax and postal charges. All items remain the customer’s responsibility until they are received back to us and we request that you send your return by registered post and that you keep your proof of postage for reference as we are unable to take any responsibility for goods that are lost or damaged in the post.
8.5 Failure to follow our refund guidance and requirements may result in your return being refused, or in certain cases, a reduced sum of money being returned to you.
8.6 Unfortunately we’re unable to offer exchanges at this time. Please return the item for a full refund and place a new order. For any queries, please contact customerservice@wolsey.com for assistance.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses or damages you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses and damages are foreseeable if either it is obvious it will happen or if at the time the contract was made that we both knew it would happen e.g. you discussed it with us when placing an order.
9.3 Nothing in the Contract excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) we do not exclude or limit our liability in relation to your rights under the Consumer Rights Act 2015 where it would be unlawful to do so; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings; or
(e) loss of data
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 9.4.
10. IMPORT DUTY
10.1 If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information before placing an order with us.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given by emailing customerservice@wolsey.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or via posting on our website. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove that a notice was posted on our website, or in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lockouts or other industrial action.
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster.
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) impossibility of the use of public or private telecommunications networks.
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
16. DATA PROTECTION AND PRIVACY
16.1 We will use your personal information in accordance with our Privacy Policy and always in accordance with the General Data Protection Regulation 2016 and the Data Protection Act 2018.
16.2 You may be contacted by email in relation to future offers and for marketing purposes. You will have an opportunity to set your preferences at the time of placing an order, on receipt of an email (via the unsubscribe function) or by contacting us as set out in the Privacy Policy.
17. SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Please ensure that you check the website from time to time to review.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. USE OF COOKIES
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