TERMS OF SALE
PLEASE READ THE FOLLOWING TERMS OF SALE BEFORE PLACING AN ORDER ON THIS SITE
1. What is this document? Why does it matter?
These terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products we promote and sell on this Site (“Products“) and the shipping of such Products in the countries we deliver in. “Site” means the website located at http://www.westbrookcreative.co.uk. When you make a purchase on this Site, we ask you to confirm your acceptance of these Terms of Sale and, if you do, a contract is formed between you and us, subject to these Terms of Sale. So it is important that you read these Terms of Sale carefully before placing an order for Products on this Site (“Order“).
If you need further information contact us.
2. Who are we?
In these Terms of Sale, “we”, “Westbrook” and “us” means the trader of the Products. “You” means you the customer.
3. Are descriptions of Products and prices flawless?
We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email (see below).
4. How do I make a purchase on this Site?
1st step: you place an Order
To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us.
To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “BUY NOW” button. We will not accept Orders placed in any way other than as detailed above.
2nd step: we confirm receipt of the Order
When you place the Order through the Site you will receive an automated email confirming receipt of your Order (“Order Receipt email”. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
3rd step (optional): upfront payment through Alternative Payment Method (APM)
We usually collect payment for an Order upon confirmation of the shipment of the relevant products (see 4rd step below).
4thstep: we confirm that Products have been shipped – contract concluded!
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped (“Shipping Confirmation email”).
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms of Sale. No other terms and conditions shall apply.
The Shipping Confirmation email will contain an unmodifiable copy of the version of the Terms of Sale applicable at the time the purchase contract is concluded, for your future reference.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
i. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
ii. we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;
iii. the Products you ordered are unfortunately out of stock or no longer available;
iv. We have reasonable grounds to believe that you intend to resell the Products.
If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
In case you have selected an APM, we may exceptionally have already collected your payment when we discover that the Products might be unavailable. In such a case we will immediately contact you and issue a full refund.
5. How can I pay for the Products?
We accept Paypal for purchases on this Site.
6. When will the Products be delivered?
We offer a range of delivery options, among which you can choose the one that best suits your personal needs. Specific terms and conditions, and different delivery charges, may apply to the various delivery options. Please find exhaustive details in our DELIVERY TERMS.
7. I want to return a Product purchased here. What do I have to do?
We hope you are delighted with your purchase from Westbrook however we understand if you wish to return any or all of the Products. You can return Products if you are not satisfied or you just change your mind within 30 days of receipt (right of withdrawal).
In both cases, you can receive a refund. Please find full details, conditions and instructions on how to make a return on our RETURN TERMS.
8. Who can I call if I have problems with a purchase or a Product or if I want to make a complaint?
If you experienced problems or want to make a complaint regarding a Product or a purchase made on this Site, or if you simply need after-sale assistance, you can contact us as indicated in our CONTACT US section on our home page.
9. What is Westbrook’s liability if something goes wrong with a purchase?
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The above limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent we have assumed a specific guarantee. The above provisions shall apply accordingly to our liability for futile expenses.
In any event, you shall take adequate measures to avert and reduce damages.
Please also note that we cannot be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a refund.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, such as your right of withdrawal or your right to a free guarantee for faulty goods as mentioned in Clause 7 above, and nothing in these Terms of Sale shall exclude or limit any liability of Westbrook that cannot be excluded or limited pursuant to the applicable law.
10. Are my personal data collected and processed on this Site? Why? How?
11. Use of the Site
12. What is the applicable law? And the competent Court in case of disputes? Does Westbrook stick to any code of conduct?
These Terms of Sale are governed in all respects by the laws of the country of delivery applicable to your Order, without regard to its conflicts of laws rules, including, without limitation, your local legislation enacting the Consumer Rights Directive 2011/83/EU. The competent courts of that same country shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Site or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
WHERE & WHEN DO WE DELIVER
Goods ordered through this website will only be delivered to the United Kingdom, Northern Ireland and Isle of Man. Currently we do not deliver to the Channel Islands, Gibraltar and British Overseas Territories.
Standard deliveries will be made by the Royal Mail Monday through Saturday, excluding bank holidays.
- Standard delivery orders placed before 11.00 am, Monday-Friday, will be dispatched the same day and will be delivered within approximately 3-5 working days.
- Local Collection orders will be ready for collection within 3-5 working days. Notification will be sent when the order is ready.
We do not deliver goods to P.O. Boxes and British Forces P.O.
- It is our goal to deliver within the above mentioned times, however, delivery dates are not guaranteed as shipments are handled by third parties
- Order cut-off times are provided as a guideline only and do not take into account possible delays caused by payment authorization
- Orders will be processed in accordance with the TERMS OF SALES
We are unable to change the delivery address on orders
- Standard Delivery – £3.50
- Local Collection – Free
TAXES & DUTIES
Taxes and duties are already included in the product cost.
WESTBROOK ONLINE RETURNS
Westbrook stands behind the quality of everything we sell and hope you’re happy with your product. If you are unsatisfied for any reason, we will gladly accept your return within 30 days. Returns must be in ‘as-new’condition, in the state you received them and in the original packaging. Contact us to organise a return, details at the foot of the home page.
Welcome to the Westbrook web site (the “Site”). This Site is owned and operated by Westbrook (the company). Our Company information is as follows – Address: 1 Wells Road, Ilkley LS29 9JB, Telephone: +44 (0) 1943 604100.
The following points outlined below will help you to understand the legal environment in which we operate.
Accessing this Site
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of this Site, or this entire Site to users.
You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
All of the material you see on this Site is owned by us or used by us with the consent of the owner. We are the owner or the licensee of all intellectual property rights on this Site, and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from this Site for your personal reference and non-commercial use. You may also draw the attention of others within your organisation to material posted on this Site. All other copying is prohibited and all other rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on this Site must always be acknowledged.
You must not use any part of the materials on this Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted on this Site
Commentary and other materials posted on this Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to this Site, or by anyone who may be informed of any of its contents.
We provide this Site “as is”. We have taken care in preparing materials for this Site but we cannot guarantee that:
- It will always be available for you to visit/use in the current format;
- Material or Software downloaded from the Site will be compatible with your equipment or free from viruses;
- All materials will be accurate or complete.
We aim to update this Site from time to time, and may change the content at any time. If the need arises, we may suspend access this Site, or close it indefinitely. Any of the material on this Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law we (and all of our sister, parent and subsidiary companies, agencies and all third parties connected to us) hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- All liability for any loss or damage (including direct, indirect, economic or consequential loss or damage) suffered or incurred by any user as a result of or in connection with any visit to or use of this Site or of any materials provided on it or downloaded from it, including:
o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill;
o wasted management or office time; and
o for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to this Site
Uploading material to our site
Any material you upload to this Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this Site.
We have the right at our discretion to remove any material or posting you make on this Site if, in our opinion, such material does not comply with our standards.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
Linking from and to this Site
Links to other websites – Links to third party websites on this Site are provided solely for your information and convenience. If you use these links, you leave this Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content. We therefore do not endorse or make any representations about them or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Linking to this Site – If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:
- You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You do not remove, distort or otherwise alter the size or appearance of our images.
- You do not create a frame or any other browser or border environment around this Site.
- You do not in any way imply that we are endorsing any products or services other than our own.
- You do not misrepresent your relationship with us nor present any other false information about us.
- You do not otherwise use any trade marks or service marks displayed on this Site without written permission from us.
- You do not link from a website that is not owned by you; and
- Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We reserve the right to withdraw any linking permission without notice.
We may revise these Terms and other policies on this Site at any time by amending this page or the page containing the relevant policy. You are expected to check this Site from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and the policies referred to in it may also be superseded by provisions or notices published elsewhere on this Site. There may be other legal notices on areas of this Site that relate to your use of specific areas.
Law and jurisdiction
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to this Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.