Terms & Conditions
1 – Trading Terms – Definitions:
“Buyer” means the person or company who accepts the Sellers Quotation for the sale of the Goods or whose Order for the Goods is accepted by the Seller.
“Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms.
“Order” means the Buyers acceptance of the Sellers Quotation for the Goods or the order placed by the Seller for the Goods whether by means of the Sellers catalogue or web site which the Buyer accepts.
“Customized Products” means any products ordered by or supplied to the Buyer which have been either custom made or ordered from a third party or tailored to meet specific requirements stipulated by the Buyer.
“Non-Customized Products” means any products which are not Customized Products.
“Quotation” means the written quotation setting out the price of the Goods provided by the Seller to the Buyer.
“Seller” means Dynamic Art Nest Company Limited T/A Wowpak, Company No. 11831066 and whose registered office is: Suite Ff10 Brooklands House 58 Marlborough Road, Lancing Business Park, Lancing, West Sussex, BN15 8AF, England. “Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the Seller and the Buyer.
These Terms govern the sale of the Goods sold by the Seller to the Buyer named on the order form provided on the Sellers web site or catalogue and where the Goods are supplied as a result of the Buyers acceptance of the Quotation. The completed order form or Quotation together with the Terms constitute the entire and only agreement between the parties in relation to the sale of the Goods and comprises a legally binding contract between the parties.
2 – Price and payment:
If the Buyer places an Order via the Sellers web site the price payable for the Goods will be set out on the web site at the time the Seller places the Order.
The Buyer may place an Order from one of the Sellers current catalogues and the prices of the Goods will be set out in the said catalogue.
For customers who have an existing account with Wowpak and the products ordered are in stock we will automatically process fax, web and post orders.
We will not call you to confirm fax, web and post orders.
If the Buyer accepts the Sellers Quotation then the prices contained therein are only valid for the period of 30 days from the date of the Quotation. If the Buyer wishes to order the Goods stated in the Quotation after this period then a new Quotation should be obtained or an enquiry made as regards the price of the Goods upon making an Order.
Notwithstanding the above clauses the Seller reserves the right by giving notice to the Buyer at any time before delivery, to vary the price of the Goods to reflect any increase/decrease in cost to the Seller which is due to any factor beyond the control of the Seller.
The Buyer shall be responsible for any charges for VAT and carriage in addition to the price for the goods unless otherwise agreed in writing between the parties.
Subject to clause 2.9, the Seller must receive payment for the total price of the Goods and any applicable charges for VAT and carriage before the Order can be accepted unless otherwise agreed in writing.
Payment is required in advance for goods to be dispatched, unless a credit account is formally agreed and opened. In instances where a credit account is opened, payment is due strictly within 7 days of the invoice date. Orders using a credit account must be placed over the phone, as the website will not process any orders until payment is made.
You can choose to pay by credit or debit card.
Wowpak provide a telephone confirmation service for fax orders. If you wish to use this service, please request it at the time of ordering..
3 – Delivery and title :
Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order, or by Buyer collecting the Goods at the Sellers premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. A signature indicating safe receipt of the Goods will be required on delivery or collection.
Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
If the Buyer fails to take delivery of the Goods then without limiting any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery.
Risk of damage to or loss of the Goods shall pass to the Buyer :
a) in the case of Goods to be delivered at the Buyers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods; or
b) in the case of Goods the Buyer has requested the Seller to leave unattended at their requested delivery address when the Buyer is unable to take receipt of the goods and sign for the goods, at the time of delivery.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT and carriage..
Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
For orders received by 3pm for internet orders we aim to process same day. Orders placed Monday to Friday will be processed same day. Where Bank Holidays fall on a Friday and/or Monday your order will be processed on the next working day.
If your Postcode begins with AB31-38, AB41-56, HS1-9, IV1-63, KW1-17, PA20-88, PH9, PH10, PH15-50, ZE1-3, KA27-28, FK19-21, BT, TR21-25, JE, GY, IM1-9, PO30-41, and for the Republic of Ireland, please allow 3-5 days extra for delivery, and expect to pay an additional carriage charge. Wowpak will not be held responsible for any delays.
We cannot deliver to PO Boxes.
4 – Availability:
The Seller shall endeavour to hold sufficient stock to meet all Orders, however if there are insufficient stock to supply or deliver the Goods already paid for by the Buyer, the Seller shall, at its discretion, supply or deliver a substituted product or refund to the Buyer the price paid for the Goods as soon as possible.
Customised Products. The Seller shall be entitled to vary the quantity of any Customised Products by plus or minus 10% of the total Order, and refund/collect any difference in payment due accordingly.
5 – Cancellation and returns:
The Buyer shall be entitled to cancel the Order for Stocked Products by giving to the Seller notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by telephoning, faxing, emailing or mailing to the contact details below. If there is a defect or fault in the Goods, the Buyer is required to notify the Seller of the problem at the time of cancellation by calling 01403889124.
Phone: 01403889124, E-mail: email@example.com
On cancellation, the Buyer shall return the Goods to the Seller at its own cost unless the Goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Seller, in which case the Seller will meet the cost of return subject to being able to nominate the carrier.
If the Buyer wishes to cancel an order for non-stocked products, this must be done before the order is confirmed. Non-stocked products cannot be returned once your order is confirmed.
Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, The Seller will only accept unwanted products at its sole discretion within 30 days of delivery. The goods must be unopened, in a saleable condition.
The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale. The Seller reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyers failure to comply with this clause 5.5. Goods are not Dispatched or Sold on a trial or return basis.
On receipt of the returned goods the Seller will credit, exchange or refund the value of the goods to the Buyer, subject to clauses 5.3 – 5.5.
Product warranty’s do not include consumable parts or where products have been damaged through misuse. A credit or repair for returned products will only be issued after inspection and confirmation that the fault is covered by the manufacturer warranty. Please call us on 01403889124 and we will issue a returns number for collecting the item. Standard carriage rates will be charged on returned products that do not fall within the warranty cover. Please note that where the item carries a ‘return to base’ manufacturers warranty as standard, it is the customers responsibility to return the machine to the manufacturer for repair in the event of malfunction, for any reason, at the customers cost, under the terms of the manufacturers warranty.
6 – Liability:
A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller in accordance with clause 5.1 or (where the defect or failure was not apparent on reasonable inspection) within 14 days of the discovery of the defect or failure but not exceeding 30 days from the date of delivery.
If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
Inspection of goods immediately on receipt of a delivery is recommended. Damage or short delivery must be notified to the Seller within three days.
Goods that are refused as damaged must be signed for. Goods refused damaged on the carriers delivery paperwork; Goods that are accepted but are damaged must be signed for. Goods damaged; Goods that are short must be signed for. Goods received short and the Buyer must amend the number of items delivered on the carriers delivery paperwork.
Damaged or short deliveries must not be signed for as Unchecked on the carriers delivery paperwork.
Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned goods identify the fault or damage and otherwise inspect the goods.
The Seller may replace, repair or refund to the Buyer the price of the Goods at its discretion, in which case the Seller shall have no further liability to the Buyer. For the sake of clarity, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer, nor is it intended to exclude the Sellers liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Subject to clauses 6.3 and 6.5 the Seller warrants that the Goods will be free from defects in material and workmanship for a period of 6 months from the date of delivery unless otherwise stated in writing.
The warranty is given by the Seller subject to the following conditions :
The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing or specification supplied by the Buyer.
The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the Buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the Goods.
The Seller shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.
The above warranty does not extend to parts, materials or equipment not manufactured by the Seller.
The above warranty is given solely to the Buyer and is not transferable to any third party.
7 – Termination:
The Seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the Buyer by notice in writing if the Buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due or proceedings are commenced by or against it alleging bankruptcy or insolvency.
Upon termination, all monies owing to the Seller in accordance with these Terms becomes immediately due and payable and the Seller shall be under no further obligation to supply any goods to the Buyer.
8 – Events beyond our control :
The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond its reasonable control (including without limitation strikes, lockouts, acts of God and the like.
9 – General :
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English Law.
Dynamic Art Nest Company Limited T/A Wowpak, Company No. 11831066 and whose registered office is: Suite Ff10 Brooklands House 58 Marlborough Road, Lancing Business Park, Lancing, West Sussex, BN15 8AF, England.
Your privacy. As part of our ongoing commitment to providing you with the highest levels of quality and service, some calls may be monitored or recorded for staff training requirements.
Data Protection. If we have obtained your details from our customer list, enquirer records or from a third party business list, we may use your details to contact you from time to time to inform you of our products or services which may be of interest to you. If you wish to change any of your information or do not wish to continue to be part of our marketing programme please write or e-mail, using the contact details below.
Contact us at E-mail : firstname.lastname@example.org for questions related to refunds and returns.