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FOR SUPPLY OF GOODS & SERVICES TO CONSUMERS
of Wertheim (UK) Limited
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Quotation;
1.4 "Quotation" means the quotation on the Website describing the Goods and/or Services to be provided by the Supplier and the relevant costs;
1.5 "Services" means the services specified in the Quotation;
1.6 "Supplier" means Wertheim (UK) Limited, a company registered in England with company number (7068796) (and registered for VAT purposes with number 984 6796 42 and whose registered office is at 44 Castle Gate, Nottingham BG1 7BJ and whose principal address for day-to-day correspondence is of PO.Box 785, Altrincham, Cheshire WA15 5FJ;
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier;
1.8 “Website” means www.wertheim.uk.com.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer. These terms will apply to all purchases of the Goods by the Customer, The Customer should read this document carefully after printing it off or downloading it before placing his or her order.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.5 Any omission or error in any sales literature, Quotation, web page on the Website, price list, order acknowledgement, despatch note, invoice or other document issued by the Supplier may be corrected by the Supplier without liability.
3 THE ORDER
3.1 The contract for supply of Goods (“Contract”) will be formed when the Supplier sends the Customer an email order confirmation accepting the Customer’s order placed through the Website. Once the Contract has been formed with the Customer the Supplier will file it in electronic or paper copy for its records.
3.2 All Orders for Goods and Services shall be deemed to be acceptance of the Quotation pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Quotation and is inclusive of VAT and any applicable charges outlined in the Quotation.
4.2 Payment of the price for the Goods and/or Services shall be made by the Customer through the payment system on the Website prior to their delivery to the Customer by such means as the Supplier may notify the Customer through the Website.
5 DELIVERY
5.1 Any date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
6 TITLE
Title in the Goods shall pass to the Customer upon payment in full for the Goods and any associated charges.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions and consents which may be required before the commencement of the Services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Quotation or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 The Supplier’s products are carefully designed, manufactured, tested and inspected. Subject always to the terms of clause 11, the Supplier undertakes to replace or repair free of charge any Goods or part found to be defective due to faulty parts, materials, workmanship or function, within 36 (thirty six) months of delivery to the original purchaser. The warranty is for 60 (sixty) months from the date of delivery to the original purchaser where the Customer has purchased the Supplier’s extended warranty. See warranty terms at clause 11 for detailed restrictions related to warranty and non warranty replacement and/or repair.
The Customer may be required to take the product to the nearest service provider if the product requires attention during the warranty period.
There are certain conditions which may invalidate the warranty:
• It is dependent upon the appliance being correctly installed and used in accordance with the Supplier’s instructions under normal domestic conditions within the United.
• Service at all times must be carried out by the Supplier’s Service Representative or authorised agent.
• The warranty may be invalidated by unauthorised repair or modification of the appliance.
• The Customer may be charged by the Supplier if the Customer calls for an engineer to resolve a problem that the Supplier believes is covered in the instruction booklet. (example: blocked/dirty filters)
• The Supplier does not accept liability for defects arising from neglect, misuse or accident.
This warranty excludes such normal wearing parts as drive belts, brushes, filters and dustbags as the life of these depends upon the amount and nature of use.
Proof of the date of purchase will be required before service under warranty is provided.
8.5 The Supplier provides the following warranty(s) in relation to the Services carried out: This warranty is in addition to the Customer’s statutory and other legal rights. The Supplier will undertake to carry out it’s service responsibilities and, where the Services are not performed at the Customer’s home, return the Goods to the Customer as promptly as is possible given the availability of authorised Service Representatives and spare parts. The Supplier will arrange (if applicable), at the Supplier’s cost, the collection of the goods for repair.
9 YOUR RIGHT OF CANCELLATION
• Under the Consumer Protection (Distance Selling Regulations) 2000, the Customer has the right to cancel the Contract for the purchase of any of the Goods and/or Services within 7 working days of delivery in relation to Goods or within 7 working days of the date upon which the Contract is formed in accordance with clause 3.1 in relation to Services. A working day is any day other than weekends and bank or other public holidays.
• The Supplier will be happy to exchange the Goods or provide the Customer with a full refund provided that, where delivery has taken place, the Customer has returned the Goods to the Supplier in the same condition that they were delivered. This right of return is in addition to any other rights, warranties or conditions available to the Customer.
• If the Customer wishes to exercise his or her right of cancellation after the Goods have been delivered, please call the Suplier’s Wertheim customer service team on 0845 680 9687 and obtain a returns number. The Supplier would then ask the Customer to package the Goods securely in the original packaging. Please record the returns number on a label attached to the outer packaging ie. please do not write on or damage the box. The return address is C/O Unipart, Cavalry Hill Industrial Park, Weedon, Northampton, NN7 4PP.
• For the Customer’s protection, the Supplier recommends that the Customer uses a recorded delivery service. Please note that the Customer will be responsible for the costs of returning the Goods to the Supplier unless the Supplier delivered the items to the Customer in error or the Goods are faulty. If the Customer does not return the Goods as required, the Supplier may charge the Customer a sum not exceeding the direct costs of recovering the Goods.
• Unless the Supplier agrees otherwise with the Customer in writing, the Customer will not be able to cancel the Contract insofar as it relates to Services under this clause 9 once the performance of the Services has begun by the Supplier.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury caused by the negligence of the Supplier, its agents or employees.
10.2 The Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.3 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss (including, without limitation, loss of reputation, loss of goodwill and loss of business) suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.4 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 TERMS OF WARRANTY
11.1 The warranty shall become effective from the date of purchase and proof of purchase (for example, a receipt) must be provided to for works to be carried out under warranty, otherwise works carried out will be charged for.
11.2 Warranty claims will be processed as quickly as possible and the Supplier will attempt to dispatch the goods back to the customer within 7 days of receipt, providing required parts are available. All courier costs will be paid by Wertheim subject to warranty claims being made in relation to defects or faults that fall within clause 8.4.
11.3 If any part is no longer available or out of manufacture, the Supplier will replace it with an equivalent replacement part.
11.4 The warranty does not cover the following:
11.4.1 consumable items such as filters and bags;
11.4.2 Normal wear and tear, which includes use as per the instruction manual, dust/dirt and other particles collected in the vacuum, scuffed machine body;
11.4.3 Malfunction caused by misuse, abuse, negligence, accident or failure to maintain or service the machine with proper care;
11.4.4 Issues caused through repair or alteration of the machine made by any person other than a technician authorized by Wertheim;
11.4.5 Damage through exposure to chemicals, heat, excessive voltage or other environmental factors outside Wertheim’s control;
11.4.6 Use of parts, components or accessories that are not supplied or approved by Wertheim.
11.5 All repairs and works undertaken on the machine will be carried out by Wertheim, and/or Wertheim nominated and approved dealers.
11.6 Any defective parts replaced by Wertheim, will become the property of Wertheim UK Ltd.
11.7 The repair or replacement of the machine while under the warranty will not extend the period of the warranty.
11.8 The warranty provides benefits that are in addition to the statutory rights as a consumer and do not in any way affect or alter these rights.
11.9 Wertheim reserves the right to inspect and test the machine/parts for the purpose of determining extent of any defect and the validity of any claim made under the warranty.
12 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
