Terms and Conditions
Please read these terms and conditions ("Terms") carefully before using Our Website as they affect your rights and liabilities under law.
WITHOUT LIMITING THE GENERALITY OF THESE TERMS, YOUR ATTENTION IS IN PARTICULAR DRAWN TO CLAUSES 9 AND 18.
- Definitions and Interpretations
- Contract - These Terms and the Order;
- Goods - The items advertised on our Website which you buy from Us;
- Intellectual Property Rights - All patents, database rights, copyright, design rights, trademarks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
- Liability - Liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
- Order - The order for Goods placed by you and accepted by Us subject to these Terms;
- Us, Our, We – The Wirksworth Gunroom , Unit 4, Newbridge Works, Coldwell Street, Wirksworth, Derbyshire, DE44FB
- User - Any person who browses the Website.
- Website - Our website at URL [www.wirksworthgunroom.co.uk] or such other URL that We may use in connection with the Goods from time to time;
- Working Day - Tuesday to Friday between the hours of 10.00am and 5.30pm, Saturday 9.30am til 4.30pm but not any day which is a public holiday in the UK, or shop holiday times.
- 2. Application of these Terms
2.2 These Terms (as amended by Us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and you agree to abide by them.
2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and you will be bound by the updated version if you continue to use the Website thereafter.
- PART A - USE OF THE WEBSITE
- 3. Website Content
- 4. Links
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- a. you do not remove, distort or otherwise alter the size or appearance of The Wirksworth Gunroom logo(s);
- b. you do not create a frame or any other browser or border environment around the Website;
- c. you do not in any way imply that we are endorsing any products or services other than its own;
- d. you do not misrepresent your relationship with us nor present any other false information to us;
- e. you do not otherwise use any trademarks of The Wirksworth Gunroom displayed on the Website without our express written permission;
- f. you do not link from a website that is not owned by you; and
- g. 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 expressly reserve the right to revoke the right to link to the Website for breach of the above terms and to take any action it deems appropriate. You shall fully indemnify us for any loss or damage suffered by us as a result of your breach of those terms.
- 5. Service access
We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our contro
6. Disclaimer 6.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
6.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
6.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
- PART B - GOODS
- 7. Eligibility for Goods and Services
7.2 If you are not able or not willing to give the warranties and representations set out in clause 9.1 above then you must not submit an Order to Us.
- 8. Product Information
8.2 If the Goods you have Ordered are not available in the colour, design or size you have requested we will notify you of the colours, designs or sizes currently available. Your Order will not be accepted and you may then resubmit your Order for the Goods in an available colour.
8.3 You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these Terms.
- 9. Formation of the Contract
- 10. Price and Payment
10..2. Individual countries have their own individual levy of Import duty. It is the responsibility of the individual purchaser to satisfy their assurances that The product purchased from The Wirksworth Gunroom web site is not dutifully bound to any further duty or tax. The responsibility for payment of any levy/import duty or tax liable is the responsibility of the purchaser.
10.3 Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order.
10.4 Prices are subject to change without notice but changes will not affect Orders which we have already accepted.
- 12. Right for you to Cancel
12.2 To cancel your Order you must notify us in writing (which includes letter, fax or email). The sum debited to Us from your credit or debit card will be re-credited to the same card within 30 days of your cancellation notice.
12.3The Goods in question must be returned to Us within 7 days of your cancellation notice and must be received by Us in the condition they were in when delivered to you, unopened and sealed in their original packaging in a condition suitable for re-sale. Unless the Goods are faulty, We shall be entitled to recover any direct costs of having to recover the Goods from you and may set such costs off against the amount to be re-credited to you.
- 13. Cancellation by Us
- 13.1.1 We have insufficient stock to deliver the Goods you have ordered;
- 13.1.2 We do not deliver to your area or country;
- 13.1.3 One or more of the Goods you ordered was listed with incorrect product information, price, and/or description for whatever reason; or
- 13.1.4 We have reason to believe that you will fail to pay for the Goods or that you will not comply with these Terms (or any of them).
- 14. Delivery of Goods to you
- 15. Intellectual Property Rights
- 16. Disclosure of Information to Government Bodies
- 17. Liability and Limitation
- 17.1.1 make good any shortage or non-delivery or incorrect delivery; or
- 17.1.2 replace or repair any Goods that are damaged or defective; or
- 17.1.3 refund to you the amount paid by you for the Goods in question.
- The above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by you or your failure to comply with any reasonable instructions issued by us in respect of maintenance and/or safe handling.
17.3 Without prejudice to the foregoing, our total aggregate Liability to you under and/or arising in relation to this Contract shall not exceed the amount paid by you for the Goods.
17.4 Nothing in this Contract shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
17.5 Nothing in this Contract shall exclude or limit your statutory rights.
- PART C - GENERAL
- 18. Notice:
- 19. Events beyond Our control
- 20. Miscellaneous
20.2 This Contract shall be governed by and interpreted in accordance with English law and both parties submit to the exclusive jurisdiction of the English Courts.
20.3 These Terms, together with the Order set out the whole of Our agreement relating to the supply of the Goods by Us to you.