If we agree to sell any product or products to you, we should be regarded as having done so on these Terms and Conditions. They will form part of the contract between us and you. If we issue a warranty for any product or products we sell to you, it also will form part of the contract.
In these Terms and Conditions “We” and “Us” means Westbank Restorations Limited and “You” means any customer or prospective customer who asks us to make a sale to them.
We reserve the right not to make any sale and we should not be regarded as having entered into a contract to sell any product until we have confirmed our willingness to do so in a letter, email or by issuing an invoice or receipt for payment. If your request for us to make a sale is included in a written document (possibly called an “Order” or “Purchase Order”) which purports to bind us to any Terms and Conditions (other than the basic obligation to supply goods in consideration for payment), we will not be so bound.
Any sale to you which we make will be a “trade only sale” made on the understanding that you are purchasing in a business capacity. Therefore, any protections, conditions or warranties by which we would be bound in accordance with any provisions of law intended to protect consumers shall not apply insofar and to the fullest extent that it is possible to lawfully exclude their application.
If we advertise or direct your attention to advertising of any product we sell, any specification of price indicated in the advertisement will be correct to the best of our knowledge and belief at that time. However, such prices and specifications do change from time to time and may prove to be out of date when we are able supply you with a product to which they relate. If that occurs, will not accept any liability arising from it, other than that of allowing you to cancel your order and to receive a full refund of any part of the price you have paid. (In practice, we may be able to offer other solutions, such as offering an alternative product, but we do not bind ourselves to do so).
We reserve the right to supply a product in any colour unless you specify that you require a particular colour. We do not guarantee that the colour of any product will be exactly the same as that seen in any advertising because factors such as performance of computer monitors and the reproduction of photographs (mentioned as examples only) can cause images to appear with distorted versions of the colours contained in them.
Payment in full is required at the time of ordering unless we specifically agree to anything else in any particular case. Payment can be made by PayPal, debit or credit card for eBay sales and for other sales, by debit or credit card (payment can be taken by telephone), bank transfer or cheque. Goods will not be dispatched until payment is received, which, if it is made by cheque, means when the cheque has cleared. If a cheque is returned unpaid by your bank, we will charge you £12 for each occasion that this occurs.
If exceptionally with our specific permission goods are dispatched without prior payment being made, we will issue an invoice which will be payable within 7 days. If payment within that period is not received, we will charge you interest at a rate of 2.5% for each month or part of a month that it is late.
Ownership of all goods supplied remain with us until they have been paid for in full.
If we find that we are out of stock of an item that you have asked us to sell to you and for which you have paid, we will advise you promptly of when it will be available and give you the option to await it being supplied at that time or to receive a full refund.
We reserve the right to make separate deliveries of different products we are selling to you as part of a single transaction if one or more products are out of stock but one or more others can be delivered straight away, or if it is not appropriate for products falling in different categories to be packed together. If we do split deliveries to you in this way, we will not charge you any additional carriage fees.
We will use our best efforts to ensure that you receive prompt delivery of products bought from us, but we do not accept liability for any delays caused by our delivery contractors. If for any reason we do not succeed in dispatching your order by a date we have indicated to you or by your preferred delivery method (of any that we have offered to you), the maximum amount of our liability to you for any delays will not exceed the cost of the delivery method that you have paid for.
On delivery, please ensure that you check assignments for shortages or damages before signing any receipt, since our delivery contractors are unlikely to accept any responsibility if you have not indicated any damages or shortages, and we will not accept any responsibility if they deny it. Please also advise us directly of any shortages or damages. Any responsibility or liability we have for them is made subject to you providing us with a verbal report within 24 hours and a written report within 3 days of receiving the goods. If you receive no delivery by the date upon which we have told you to expect one, or any modification of that date that has been subsequently notified to you, you should advise us in writing within 3 days. Any responsibility or liability to you in respect of the non-delivery will be dependent on you giving us that notification.
We will only accept and pay a refund for returned goods if they have been incorrectly supplied (not being what you ordered) or if they are faulty upon arrival with you. Our goods are not sold on an approval or trial basis. You are expected to have ensured that the goods are suitable for your needs before purchasing them.
These terms and conditions, and the whole of the contract between you and us, is governed by the law of England. The Courts and Tribunals of England and Wales have exclusive jurisdiction in respect of them.
