1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
Warboys Hardware and its associates attempt to be as accurate as possible. However, Warboys Hardware does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Warboys Hardware itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Warboys Hardware ON AN "AS IS" AND "AS AVAILABLE" BASIS. Warboys Hardware MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Warboys Hardware DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Warboys Hardware DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Warboys Hardware ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Warboys Hardware WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7.1 In these terms and conditions:
(a) "we" means Warboys Hardware; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
8.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
8.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 8.3.
8.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must either create an account with us and log in or use the Purchase without Account option; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and payment then confirm your order and your consent to the terms of this document;
There maybe one or more payment methods presented; PayPal or Stripe.
Selecting PayPal will transferr you to their payment service website, and PayPal will handle your payment; no sensitive card data is ever seen or stored on our web servers, so our payment integration is operated in a PCI-compliant way. Card details are never fully revealed; The Stripe Payment uses a token checkout process, the charge process triggered from our web site, so sensitive data is only stored on the payment service provider's server, again no sensitive card data is ever seen or stored on our web servers ; We will then send you an initial acknowledgement in the form of an Order Summary; and once we have checked whether we are able to meet your order, we will either send you a Sales Processing email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Orders for pre-order items are accepted as a separate contract for each pre-ordered item.
8.4 You will have the opportunity to identify and correct input errors prior to making your order by amending the items within the cart prior to checkout.
9.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
10.1 Our prices are quoted on our website.
10.2 We will from time to time change the prices quoted on our website, this may affect contracts that have previously come into force. When pre-ordered items are subject to a price increase we will always contact you prior to dispatch and offer you the option to cancel the item(s) or accept the price increase.
10.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT. However, as a small business we are not VAT registered.
10.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
10.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
11.1 You must, during the checkout process, agree to pay the prices of the products you order. Payments are taken at the time ordering.
11.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
11.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 11.4.
12.1 Our policies and procedures relating to the delivery of products are set out in our Delivery and Returns Document
13.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
13.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
13.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
14.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
14.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
14.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed:
(a) the total amount paid and payable to us under the contract.
15.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
15.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
15.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
16.1 If a contract under these terms and conditions is cancelled in accordance with Section 14:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 11.4, 13, 18, 19, 20, 21, 22 and 23 will survive termination and continue in effect indefinitely.
17.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
17.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
17.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
18.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
18.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
20.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
20.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
23.1 Subject to Section 13.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
24.1 These terms and conditions shall be governed by and construed in accordance with English law.
24.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
25.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
25.2 These terms and conditions are available in the English language only.
26.1 This website is owned and operated by Warboys Hardware.
26.2 Our principal place of business is at 30 High Street, Warboys, Huntingdon, Cambrigeshire PE28 2RH.
26.3 You can contact us by
(a) by post, using the postal address given above; or
(b) using our website contact form; or
(c) by telephone on the number given on our website from time to time; or
(d) by email using the email address published on our website from time to time.Footnote: Availability information and delivery dates are updated on a regular basis from the manufacturers and are given in good faith. We cannot be held responsible for delays or amendments to dates and changes in availability. All product images are for illustrative purposes only and may differ from the actual product.