Terms and Conditions


1. Definitions
1.1 'Buyer' means the person who buys or is receiving goods from the Seller.
1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
1.3 'Delivery Date' means the date specified by the Seller when the goods are to be delivered.
1.4 'Goods' means the articles which the Buyer agrees to buy from the Seller.
1.5 'Price' means the price for the Goods including VAT & packaging but excluding carriage and insurance.
1.6 'Seller' means WILSONART LIMITED of Lambton Street Industrial Estate, Shildon, County Durham, DL4 1PX
1.7 ‘Order’ means the list of products that are selected and purchased by the Buyer

2. Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 Our quotations are not offers for sale.  There is no contract until we confirm acceptance of your order in writing.
2.3 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Order Process
3.1 No contract is entered into until an order process is complete and the buyer has paid for the goods
3.2 After placing order buyer will receive an Order Confirmation Acknowledgement upon outlining goods details, delivery details and cost details.
3.3 Buyer will be contacted by Seller to confirm order delivery date within 2 working days of receiving order.

4. Goods
4.1 The range of goods available on the website are liable to change and there is no guarantee goods will always be available.
4.2 Upon purchasing goods the quantity and description of the Goods shall be as set out in the Seller's Sales Order Acknowledgement.
4.3 Goods categories and descriptions will speculate descriptions and basic information about the goods and their properties, however no claim can be accepted where the buyer has failed to enquire about further details they require (return costs will be within their responsibility).

5. Price and Payment
5.1 Prices outlined on category and product pages of website are inclusive of VAT,
5.2 The Price set out on the face of the Sales Order Acknowledgement is exclusive of VAT, VAT shall be listed below total and included in overall sub-total.
5.3 Payment of the Price, VAT and Delivery is due when placing the order, no goods will be delivered if the Seller has not received the payment.
5.4 In circumstances where the Buyer has failed to pay for goods, the Seller will contact the Buyer to arrange payment, if payment still fails, the Seller is within rights to cancel the Order.
5.5 All Prices set out on the website are liable to change and there is no guarantee Goods will always be available at the same Price.  
5.6 Delivery charges are set out on product pages and checkout pages, charges depend on geographical area and number of goods that are purchased on one Order.
5.7 In the unlikely event a Price is incorrectly shown on the website, the Buyer is liable to pay the correct Price, unless otherwise agreed.
5.8 Payments are not accepted by American Express, all other major Credit & Debit cards are excepted.

6. Delivery
6.1 In most cases deliveries will be made by our chosen carrier Avanti Express
6.2 Delivery of the Goods shall be made to the Shipping Details inputted when placing Order on the Delivery Date confirmed.
6.3 Deliveries can only be made to addresses within England, Scotland and Wales excluding all off-shore islands.
6.4 The Seller will do everything possible to arrange delivery of Goods within upto 10 working days, if for any reason this is not feasible the Buyer will be contacted and a delivery date agreed.
6.5 Buyer will be contacted by carrier to confirm order delivery date. A date of delivery is confirmed with a 3 hour time slot, please note timescales are approximate and shall not be the essence and shall not be made so by the service of any notice.
6.6 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.7 While everything reasonably possible will be done to adhere to delivery dates and times promised, in any instances where Goods cannot be delivered you will be contacted to re-arrange delivery.
6.8 No penalty or liability for late delivery will be accepted by us (unless otherwise agreed), all issue will be picked up with the delivery network.
6.9 If the Buyer is not available to accept delivery of Goods on the agreed Delivery Date, the Buyer will be liable to pay and re-arrange delivery of the Goods with the delivery network.
7.0 YOU MUST CHECK YOUR GOODS THOROUGHLY UPON DELIVERY FOR ANY DAMAGES, IF FOR ANY REASON THEY DO ARRIVE DAMAGED YOU MUST SPECIFY THIS WHEN SIGNING FOR THE GOODS. IF YOU FAIL TO DO SO CLAIMS CANNOT BE ACCEPTED AT A LATER DATE IF SIGNED FOR UNCHECKED. 
 
7. Distance Selling Regulations
7.1 Buyer has a right to cancel Order from the moment Order is placed and doesn’t end until 7 working days from the day after you receive the Goods.
7.2 If Buyer wishes to cancel Order they must send confirmation of this by email outlining all order details.
7.3 No returns will be accepted and therefore refunds offered, if Goods have been installed, all goods should be thoroughly checked upon delivery and prior to installation.
7.4 If in any circumstance Goods are accepted as faulty, a decision will be made by the Seller to whether a refund or replacement will be offered.

8. Warranties and Liability
8.1 The Seller warrants that the Goods will at the time of delivery correspond to the description or sample given by the Seller. All other warranties conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
8.2 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
8.3 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
8.4 If goods supplied by us are shown to our satisfaction to be defective through faulty materials or workmanship and if for this purpose at our request goods are returned to us (in which case only will we bear the expense of returning these goods), we undertake that we will either (a) replace such goods at our expense or (b) credit you with the price paid therefore.  Our obligations under this clause shall exclude and be adopted in place of any other Condition or warranty as to the goods or their suitability or fitness for any particular purpose whether express or implied by law or otherwise or any collateral warranty whenever given unless in writing over the signature of one of our Directors.

9. Manufacturers Guarantee
9.1 All goods have their own manufacturer’s guarantee which is dependent on the type of product.
9.2 It will be the discretion of the Seller’s Quality team to reach a conclusion whether the fault falls under a manufacturer’s guarantee.
9.3 Gloss finish Goods do not have a manufacturer guarantee, as they are prone to scratching and markings.

10. Acceptances of the Goods
10.1 The Buyer shall be deemed to have accepted Goods 7 working days from the day after the Goods are delivered.
10.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

11. Returns & Refunds
11.1 For instances where the Buyer wishes to make a claim for faulty Goods, they must contact the Seller in writing and complete a complaints Form within 7 working days from the day after you receive the Goods.
11.2 If a claim is accepted as a fault of the Seller, the Seller will (a) replace such goods at our expense or (b) credit you with the price paid therefore, this decision made will be unique to each circumstance.
11.3 Refunds will be made within 30 days of claim being accepted as a manufacturer fault by the Seller
11.4 No returns will be accepted and refunds offered, if worktop has been installed. In certain circumstances the claim may be investigated but the Seller is under no obligation to offer a refund.

12. Order cancellation
12.1 If Buyer wishes to cancel an order, the Buyer is responsible to organise the delivery and cover the return delivery costs.
12.2 The Buyer is under obligation to return the goods; otherwise a refund cannot be made
12.3 Refunds will be made when Goods are returned to the Seller; refunds shall always be made within 30 days of cancellation.
12.4 If returned goods arrive damaged, the Seller will not be under obligation to offer a refund, it would be up to the Buyer to investigate this with their chosen delivery network.

13. Title and risk
13.1 The Goods shall be at the Buyer's risk as from delivery.

14. Miscellaneous
14.1 The Seller shall not be liable to the Buyer or in breach of contract where performance of its obligations is prevented, frustrated or impeded as a result of any act of God, war, or civil disturbance, strikes or other industrial action, government or other authority, laws, regulations or orders, national emergencies, lockout, fire flood, draught tempest, import or export restrictions, power failure, difficulty in obtaining materials or Goods or any other cause beyond the control of the Company.
14.2 The invalidity, unenforceability or illegality of any provision (or part of a provision) of these terms and conditions under the laws of any jurisdiction shall not affect the validity, enforceability or legality of the other provisions. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted the provision shall apply with whatever modification as is necessary to give effect to the commercial intention of the parties.

15. Proper law of contract
This contract is subject to the law of England and Wales and the parties submit to the non-exclusive jurisdiction of the Courts of England and Wales.
©2014 Wilsonart Limited. All Rights Reserved.
Neither this Web site nor any element thereof, including without limitations, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials must be preserved without alteration, modification, or obfuscation. With respect to any software downloaded by you from the Web site, such software, and all elements thereof, are licensed to you by Wilsonart Limited, for your personal use only. You may not modify or prepare derivative works based upon the Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Web site.
All right, title, and interest in and to this Web site is owned by Wilsonart Limited. The Web site is protected by United Kingdom copyright law and international treaty provisions, including without limitation the Berne Convention. All trademarks, service marks, and trade names are proprietary to Wilsonart Limited. All rights not expressly licensed hereunder are reserved by Wilsonart Limited.
The Web site and all elements thereof are provided on an “as is” basis without warranty of any kind, express, or implied. Wilsonart Limited disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Wilsonart Limited does not warrant that the Web site will operate or perform in a manner that is uninterrupted or error-free, or that the Web site or host server will be maintained free of viruses or other harmful code. Wilsonart Limited makes no warranties that the attached information presented on the Web site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstances and regardless of legal theory, whether in tort, contract, or otherwise, will Wilsonart Limited be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the Web site.
This Web site is presented by Wilsonart Limited from within the United Kingdom. Wilsonart Limited makes no representation that materials in the Web site are appropriate or available for use in locations outside the United Kingdom. Neither the Web site, nor any underlying information or technology may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United Kingdom has embargoed goods (for example, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria) .By downloading or using any element of the Web site, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Web site.
Wilsonart will comply with applicable law regarding privacy rights in all material respects, and will review and update this policy from time to time as deemed appropriate without notice. Further, nothing in this policy is intended to alter or modify any current internal policies or practices of Wilsonart with respect to its current, former or prospective employees.

16. Privacy Policy
This privacy policy sets out how Wilsonart Ltd uses and protects any information that you give Wilsonart when you use this website.
Wilsonart Ltd is committed to ensuring that your privacy is protected. We use the information you provide about yourself when contacting us to complete your request and/or reply to your comments. We do not share that information with any third parties except to the extent necessary to fulfill that order.
We may collect some or all of the following information: name, contact / delivery information, address and email address, postcode, telephone number. PLEASE NOTE:  We do not store credit card or any financial details.
We may use the information to improve our products and services. We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email or phone.
You may request details of personal information which we hold about you under the Data Protection Act 1998.  If you would like a copy of the information held on you please write to Wilsonart Ltd, Lambton Street Industrial Estate, Shildon, County Durham DL4 1PX. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

17. Cookies
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
These pieces of information are used to improve services for you through, for example:
    •    Enabling a service to recognise your device so you don’t have to give the same information several times during one task
    •    Recognising that you may already have given a username and password so you don’t need to do it for every web page requested
    •    Measuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they are fast
You can manage these small files yourself and learn more about them through Internet browser cookies – what they are and how to manage them
17.1 Our use of cookies
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, your computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
These pieces of information are used to improve services for you through, for example:
    •    Recognising that you may already have given a username and password so you don’t need to do it for every web page requested
    •    Measuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they are fast
    •    Analysing anonymised data to help us understand how people interact with govt services so we can make them better
You can manage these small files and learn more about them from the article, Internet Browser cookies- what they are and how to manage them
17.2 Learn how to remove cookies set on your device
There are two types of cookie you may encounter when using www.wilsonartworktopshop.co.uk
First party cookies: these are our own cookies, controlled by us and used to provide information about usage of our site.
Third party cookies: these are cookies found in other companies’ internet tools which we are using to enhance our site, for example Facebook or Twitter have their own cookies, which are controlled by them.
17.3 How to control and delete cookies
We will not use cookies to collect personally identifiable information about you.
However, if you wish to restrict or block the cookies which are set by our website, or indeed any other website, you can do this through your browser settings. The ‘Help’ function within your browser should tell you how.
Alternatively, you may wish to visit www.aboutcookies.org which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your machine as well as more general information about cookies.
Please be aware that restricting cookies may impact on the functionality of our website.
If you wish to view your cookie code, just click on a cookie to open it. You’ll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.
For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.
To opt-out of third-parties collecting any data regarding your interaction on our website, please refer to their websites for further information.
17.4 Changes to this privacy policy
If this privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.
 
Contacting the Web Sites: If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you may:

E-mail to customerservices@wilsonart.co.uk
Write to the following postal address:
Wilsonart Limited
Lambton Street Industrial Estate
Shildon, County Durham DL4 1PX




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