Walcot
House terms and conditions
1 Application
Walcot House (herein referred to as the company) only accepts orders
for, and only sells its goods upon and subject to the following
conditions. These terms and conditions take precedence over any
terms and conditions of the customer.
2 Acceptance
All quotations are subject to confirmation by a director of the
company, upon receipt of the customer’s order, which shall be treated
as an invitation to treat and no contract shall be concluded until
such confirmation is given, or the customer’s order is otherwise
accepted.
3 Variation
a No variation of any order in respect to quality, quantity, shipment
dates, place of delivery, price or any other nature shall be binding
upon the company unless prior written approval of a director of
the company has been given.
b The company has only agreed to sell the goods to the customer
on the express understanding that the customer has relied upon his/her
judgement and not that of the company, or any other person or other
company, in assessing whether the goods are fit for any particular
purpose for which they may be required by the customer.
c Descriptions and illustrations of any goods or materials are intended
to be only a general representation thereof and are not intended
to be reliable with regard to details or colouring.
d General screws and plugs are supplied, however, they may not be
suitable for some applications, such as plaster board, where specialist
fixing may be required.
e The company reserves the right to modify design, colour and materials
without prior notice as part of a policy of continual product improvement.
f The company must be notified in writing of any special instructions.
The company ill supply goods and provideservices according to their
normal working practices. The customer shall rely on his/her judgement
and not that of the Company.
4 Risk
a The goods shall be and remain at the customer’s risk when the
goods have left the company’s premises and shall be at the customer’s
risk whilst in transit.
b Any goods supplied by a customer of the company, or on behalf
of a customer, for any reason, shall at all times remain at the
risk of the customer and the company shall not be responsible in
any way for any loss or damage howsoever caused.
5 Delivery
a Dates or periods of delivery and performance are only best estimates
and the company shall not be liable for the consequences of any
delay. The company is bound to deliver goods and perform services
by a specific date, or within a specific period, only if it is expressly
so agreed by its written offer, or acceptance.
b Any delivery, or performance period commences when the contract
is concluded and when the company receives from the customer any
further information that it requires to proceed with the contract.
c The customer shall have no right to require the company to take
back and to give him/her credit for goods which have been supplied
to the customer pursuant to the customer’s order, but the company
may, in special circumstances, and at its sole and absolute discretion,
accept back and give credit for goods subject to a handling charge.
6 Price/Payment
a All prices are quoted exclusive of Value Added Tax unless otherwise
stated.
b Delivery is charged at the prevailing rate plus VAT.
c Proforma invoices must be settled in full before goods are despatched.
d Invoices where credit has been granted must be paid 30 days from
date of invoice.
e The company reserves the right to review and change the price
of goods at any time and therefore these are subject to alteration
without notice.
7 Retention of Title
All goods shall remain the property of the Company until the customer
has paid in full.
8 Inspection
The customer shall inspect the goods upon delivery and shall notify
the Company within 48 hours in writing of any defects or shortages
in condition or in quality, for the Company to accept any liability
in respect of such defects or damage. Save in respect of death or
personal injury resulting from the negligence of the Company, the
company shall be under no liability in respect of any defect in
or failure or unsuitability for any purpose of the goods, or any
part thereof, whether the same be due to any act, omission, negligence
or willful default of the Company, or its servants or agents or
to faulty design, workmanship, or any other cause whatsoever.
9 Designs/Copyright
The customer acknowledges the Company’s ownership of designs applied
to goods and the Company’s copyright in such designs whether registered
or not.
Walcot House website terms and conditions
In using this website you are deemed to have read and agreed to
the following terms and conditions:
The
following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and any or all Agreements: "Client",
“You” and “Your” refers to you, the person
accessing this website and accepting the Company’s terms
and conditions. "The Company", “Ourselves”,
“We” and "Us", refers to our Company. “Party”,
“Parties”, or “Us”, refers to both the
Client and ourselves, or either the Client or ourselves. All terms
refer to the offer, acceptance and consideration of payment necessary
to undertake the process of our assistance to the Client in the
most appropriate manner, whether by formal meetings of a fixed
duration, or any other means, for the express purpose of meeting
the Client’s needs in respect of provision of the Company’s
stated services/products, in accordance with and subject to, prevailing
English Law. Any use of the above terminology or other words in
the singular, plural, capitalisation and/or he/she or they, are
taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees
within the company on a need to know basis only use any information
collected from individual customers. We constantly review our
systems and data to ensure the best possible service to our customers.
Parliament has created specific offences for unauthorised actions
against computer systems and data. We will investigate any such
actions with a view to prosecuting and/or taking civil proceedings
to recover damages against those responsible
Confidentiality
Client records are regarded as confidential and therefore will
not be divulged to any third party, other than if legally required
to do so to the appropriate authorities. Clients have the right
to request sight of, and copies of any and all Client Records
we keep, on the proviso that we are given reasonable notice of
such a request. Clients are requested to retain copies of any
literature issued in relation to the provision of our services.
Where appropriate, we shall issue Clients with appropriate written
information, handouts or copies of records as part of an agreed
contract, for the benefit of both parties. We
will not sell, share, or rent your personal information to any
third party or use your e-mail address for unsolicited mail. Any
emails sent by this Company will only be in connection with the
provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is"
basis. To the fullest extent permitted by law, this Company:
? excludes all representations and warranties relating to this
website and its contents or which is or may be provided by any
affiliates or any other third party, including in relation to
any inaccuracies or omissions in this website and/or the Company’s
literature; and
? excludes all liability for damages arising out of or in connection
with your use of this website. This includes, without limitation,
direct loss, loss of business or profits (whether or not the loss
of such profits was foreseeable, arose in the normal course of
things or you have advised this Company of the possibility of
such potential loss), damage caused to your computer, computer
software, systems and programs and the data thereon or any other
direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal
injury caused by its negligence. The above exclusions and limitations
apply only to the extent permitted by law. None of your statutory
rights as a consumer are affected.
Log
Files
We use IP addresses to analyse trends, administer the site, track
user’s movement, and gather broad demographic information
for aggregate use. IP addresses are not linked to personally identifiable
information. Additionally, for systems administration, detecting
usage patterns and troubleshooting purposes, our web servers automatically
log standard access information including browser type, access
times/open mail, URL requested, and referral URL. This information
is not shared with third parties and is used only within this
Company on a need-to-know basis. Any individually identifiable
information related to this data will never be used in any way
different to that stated above without your explicit permission.
Links
to this website
You may not create a link to any page of this website without
our prior written consent. If you do create a link to a page of
this website you do so at your own risk and the exclusions and
limitations set out above will apply to your use of this website
by linking to it.
Links from this website
We do not monitor or review the content of other party’s
websites which are linked to from this website. Opinions expressed
or material appearing on such websites are not necessarily shared
or endorsed by us and should not be regarded as the publisher
of such opinions or material. Please be aware that we are not
responsible for the privacy practices, or content, of these sites.
We encourage our users to be aware when they leave our site, to
read the privacy statements of these sites. You should evaluate
the security and trustworthiness of any other site connected to
this site or accessed through this site yourself, before disclosing
any personal information to them. This Company will not accept
any responsibility for any loss or damage in whatever manner,
howsoever caused, resulting from your disclosure to third parties
of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists
on all text relating to the Company’s services and the full
content of this website.
This
Company’s logo is a registered trademark of this Company
in the United Kingdom and other countries.
This
company is registered in England and Wales, Number 03647945, registered
office: Walcot House LTD, Lyneham Heath Studios, Lyneham, Chipping
Norton, Oxfordshire OX7 6QQ
Force Majeure
Neither party shall be liable to the other for any failure to
perform any obligation under any Agreement which is due to an
event beyond the control of such party including but not limited
to any Act of God, terrorism, war, Political insurgence, insurrection,
riot, civil unrest, act of civil or military authority, uprising,
earthquake, flood or any other natural or man made eventuality
outside of our control, which causes the termination of an agreement
or contract entered into, nor which could have been reasonably
foreseen. Any Party affected by such event shall forthwith inform
the other Party of the same and shall use all reasonable endeavours
to comply with the terms and conditions of any Agreement contained
herein.
Waiver
Failure of either Party to insist upon strict performance of any
provision of this or any Agreement or the failure of either Party
to exercise any right or remedy to which it, he or they are entitled
hereunder shall not constitute a waiver thereof and shall not
cause a diminution of the obligations under this or any Agreement.
No waiver of any of the provisions of this or any Agreement shall
be effective unless it is expressly stated to be such and signed
by both Parties.
General
The laws of England and Wales govern these terms and conditions.
By accessing this website you consent to these terms and conditions
and to the exclusive jurisdiction of the English courts in all
disputes arising out of such access. If any of these terms are
deemed invalid or unenforceable for any reason (including, but
not limited to the exclusions and limitations set out above),
then the invalid or unenforceable provision will be severed from
these terms and the remaining terms will continue to apply. Failure
of the Company to enforce any of the provisions set out in these
Terms and Conditions and any Agreement, or failure to exercise
any option to terminate, shall not be construed as waiver of such
provisions and shall not affect the validity of these Terms and
Conditions or of any Agreement or any part thereof, or the right
thereafter to enforce each and every provision. These Terms and
Conditions shall not be amended, modified, varied or supplemented
except in writing and signed by duly authorised representatives
of the Company.
Notification of Changes
The Company reserves the right to change these conditions from
time to time as it sees fit and your continued use of the site
will signify your acceptance of any adjustment to these terms.
If there are any changes to our privacy policy, we will announce
that these changes have been made on our home page and on other
key pages on our site. If there are any changes in how we use
our site customers’ Personally Identifiable Information,
notification by e-mail or postal mail will be made to those affected
by this change. Any changes to our privacy policy will be posted
on our web site 30 days prior to these changes taking place. You
are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between
the Client and ourselves. Your accessing of this website and/or
undertaking of a booking or Agreement indicates your understanding,
agreement to and acceptance, of the Disclaimer Notice and the
full Terms and Conditions contained herein. Your statutory Consumer
Rights are unaffected.
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