Terms and Conditions
"Catalogue" means the catalogue, specialogue or brochure (in whatever form, whether paper or electronic) in which these Conditions are set out.
"Company" means WendyGarcarz.Com. Registered office: 2 May Cottage. Hoar Cross. Staffordshire DE13 8QS (Tel: 01283575136, Email: email@example.com
"Conditions" means these terms and conditions.
"Contract" means any contract between the Company and the Customer for the sale and purchase of items in the Catalogue.
"Customer" means the person(s) or company whose order for Items is accepted by the Company.
"Direct Ship" means orders intended to go direct to a Customer's end user.
"End User" is the Customer's end user to whom the Goods under any Direct Ship Orders will be sent to by the Company.
"Goods" means any goods supplied or to be supplied by the Company to the Customer.
"Online" means orders placed through the use of the Company's website.
"Services" means any services supplied or to be supplied by the Company to the Customer.
"Items" means any Goods or Services.
"in writing" includes electronic communications.
All orders are accepted by the Company subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and the Customer or set out in the Customer's standard terms and conditions. If there is any conflict between
the other provisions of this Catalogue and these Conditions; or
the provisions of the order and these Conditions
these Conditions will prevail unless the Company agrees otherwise in writing. Please note that these terms and conditions are updated from time to time. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.
Prices for Items are in £ sterling, exclusive of VAT, which will be added at the time of despatch. The Company has used all reasonable endeavours to ensure that the prices for the Items applicable as at the date of issue of these Conditions are accurately set out in the Catalogue but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. The Company reserves the right to charge the Customer further amounts if the price of the Items increases before the end of that period.
Payment is usually due immediately for electronic products and not later than the end of the month following the month of despatch, without any deductions, with-holding or set off for physical products. The Company reserves the right to request payment in advance in relation to any order. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, the Company shall be entitled to:
i. cancel the order or suspend any further deliveries or performance;
ii. appropriate any payment made by the Customer to such of the Supplies (or the Items made under any other contract) as the Company may think fit; and
iii. charge interest (both before and after any judgement) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is made in full. Customers in the ROI will be charged at a rate of 2% per month (subject to a minimum charge of £1.00) until payment is made in full.
The Company reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Customer. If legal action is taken to recover monies due to the Company then the Company reserves the right to charge the Customer statutory compensation in accordance with the Late Payment of Commercial Debts Regulations 2002. The statutory compensation shall become payable immediately when legal action is commenced, whether demanded or not, and may be claimed within the legal action
The Company reserves the right to decline to trade with any company or person or to impose reasonable conditions prior to accepting any order (such as, by way of example, the provision of a valid landline phone number or the prior receipt of cleared funds by the Company) where the Company considers it reasonably necessary for security or fraud prevention purposes. Orders for Goods are accepted by the Company by despatching the Goods provided, however, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.
Small Order Handling Charges do not apply to any Online Orders for electronic Items which are despatched to an email address.
Save as set out below, the Company will use all reasonable endeavours to despatch physical Goods ordered before 6pm Monday to Friday. Electronic Items will be despatched immediately upon confirmation of payment. The Company reserves the right generally to change its policy on charges for delivery (including imposing charges on orders not yet placed and accepted by the Company) at any time. Delivery will be made to the address - physical or electronic - specified by the Customer. The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence. The Company reserves the right to delay despatch for a number of reasons, including to perform any necessary credit or anti-fraud checks or procedures or to ensure that payment has been received in cleared funds in full. Where despatch is delayed for such reasons the Company will use reasonable endeavours to inform the Customer.
7. Inspection, defects and non delivery
The Customer must inspect the Items as soon as is reasonably practicable after delivery or, in the case of Services, the Company shall not be liable for any defect in the Supplies unless written notice is given to the Company within 10 days of such date. It is the Customer’s responsibility to check for the presence of computer viruses before the Goods are used. The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 5 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Any liability of the Company for non-delivery or non performance or for Goods notified as defective on delivery or Services notified as defective following performance will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.
For customers in the UK no order can be cancelled or accepted for credit without the prior written agreement of the Company. If cancellation/credit is accepted by the Company, the Customer must obtain a returns authorisation number from the Company prior to returning the Goods. Goods must then be returned, at the Customer's risk and expense, for receipt by the Company within 14 days of their delivery by the Company and must be undamaged, in re-saleable condition and in original packaging. The Customer should return the Goods to WendyGarcarz.Com. 2 May Cottage, Hall Estate, Hoar Cross, Burton on Trent, Staffordshire, DE13 8QS, quoting the Customer's sales reference number. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return. Certain Goods are excluded from this right of return, including software, manuals which have been opened and specially constructed items.
9. Consumer Contracts Regulations
If the Customer is buying as a “consumer” (as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Customer may, within 14 days after the day of delivery of the Goods, cancel its contract for the Goods by notifying the Company (by completion of a cancellation form provided by the Company or by otherwise informing the Company in writing). Provided the Customer has cancelled its contract in accordance with this Condition 10, the Customer may return the Goods and be repaid the price paid by the Customer in respect of the Goods (less any deduction required in the event that there is a loss in value of the Goods if the loss is the result of unnecessary handling by the Customer). Goods should be returned to “The Returns Department, WendyGarcarz.Com, 2 May Cottage, The Kitchen Garden, Hall Estate, Hoar Cross, Burton on Trent, Staffordshire DE13 8QS” quoting the Customer’s order reference number. The Customer is responsible for the payment of all costs of returning the Goods. The Company will refund to the Customer the price paid in respect of the Goods (less any deduction for loss in value of the Goods as described in this Condition 10) no later than 14 days after receipt of Goods in accordance with this Condition 10 or receipt of evidence that the Customer has sent back the Goods (whichever is the earliest).The cancellation rights herein shall not apply: in the case of sealed computer software, if the software becomes unsealed after delivery.
If the Descriptions of any Goods differ from the description in the online store, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of descriptions but relies on such information, and accepts no liability in contract or tort or under statute or otherwise for any error or omission in such detail whether caused by the Company's negligence or otherwise. The Company may make changes to the Items as part of a continuous programme of improvement or to comply with legislation. Without prejudice, Customers are recommended to check the Company's website for the latest Descriptions of the Goods.
Where the Company's guarantee is provided, the Company will, free of charge, repair or, at the Company's option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design. Software programs are supplied on the strict understanding that the Company does not warrant their function to be free from defects or error.
This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow instructions for storage, usage, installation, use or maintenance of the Goods;
if the Customer has failed to notify the Company of any defect where the defect should have been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 12 months (or such other period as the Company shall specify at the time of acceptance of the order for the Supplies) of the date of despatch of the Goods or performance of the Services. Any replacement Supplies made or Goods repaired will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies.
This Condition is the Company's sole obligation and the Customer's sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.
(i) The Company does not exclude its liability to the Customer:
For breach of the Company's obligations under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;
For personal injury or death arising as a result of the Company's negligence;
Under section 2(3) Consumer Protection Act 1987;
For breach of the statutory implied conditions in sections 13,14 and 15 of the Sale of Goods Act 1979 where the Customer deals as a 'consumer' as defined in the Unfair Contract Terms Act 1997;
For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
For fraud, including fraudulent misrepresentation
And nothing in these Conditions shall affect the statutory rights of a Customer who deals as a consumer as defined in the Unfair Contracts Terms Act 1997 (ii). The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by the Company or on part of the Company's employees, agents or sub-contractors; . Any breach by the Company of any of the express or implied terms of the Contract;
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer. The Company's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company's option, refunding monies already paid in respect of the Supplies.
13. Intellectual property rights
The Items in this Catalogue may be subject to intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Items. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable. Such programs may be used only with the Goods.The Company owns full copyright in respect of this Catalogue and its reproduction in whole or part is prohibited without the Company's prior written consent.
14. Use of Personal Data
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Items purchased from such material.
16. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company's obligations under this Contract if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
17. Recording of communications
The Company reserves the right to monitor, intercept or record telephone calls and may monitor or intercept all email or other electronic communications made to its premises for training, security and quality purposes. Customers contacting WendyGarcarz.Com shall have been deemed to have read and accepted this provision.
18. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any court of competent jurisdiction.
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply. The Company shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of these Conditions and/or any Contract to any company in its group (as defined in section 53(1) of the Companies Act 1989) at any time. Except as set out in Condition 16, the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.These Conditions supersede all previous issues.
20. Direct Shipment of Physical Items
(i) Orders may be subject to Small Order Handling Charges set out in the Store.
All information supplied in the Template is the sole responsibility of the Customer and the Company will not be liable for any losses suffered as a result of Customer supplying inaccurate information to the Company.
21. Business Administration
"All or part of the administration associated with the successful trade account creation and processing your order may be automated"
These conditions supersede all previous issues.