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TERMS AND CONDITIONS

 

The following terms and conditions are the terms on which Wishtrac House Limited (WHL) who's company registration number is 06765314 and Registered Office Address is  Unit 5, Price Street Business Centre, Price Street, Birkenhead, CH41 4JQ  offers and sells to Buyer s and governs all sales of Goods and services. Nothing in these terms and conditions shall affect the statutory rights of the Buyer.


 

How the contract is formed between you and Wishtrac House Limited

After placing an order, you will immediately receive an email from us acknowledging that we have received your order - this is not an acceptance, simply an acknowledgement of your order.

 

All orders are subject to acceptance by us, we will confirm acceptance to you by sending a second email at which time the contract between us will be formed and we will confirm delivery and payment details.

 

Once your order has been accepted you are not able to amend the order without our written consent.

 

1. VALUE ADDED TAX - VAT will be charged in accordance with UK government regulations ruling at the time of despatch.


 

2. PRICING - The price for Goods or services is correct at the time of going to print or when web pages are uploaded but are subject to change without notice. In the event of changes to the price WHL will notify Buyer s either before despatch or on the buyers invoice, included with the Goods at the time of delivery. If the Buyer does not accept the price increase at the time of delivery then WHL will accept return of the Goods for a refund, on condition that they are received by WHL  in merchantable quality, in the original packaging and that the Buyer  notifies WHL of the decision in writing within 7 working days of receipt of the goods.  All prices are quoted in pounds sterling and are payable in sterling.


 

3. PACKING AND CARRIAGE CHARGE - Orders within the United Kingdom are charged at £4.95 per order. WHL reserve the right to amend packing and carriage charges at anytime. Please contact WHL for costs for overseas orders.


 

4. PAYMENT - All invoices are payable within the terms specified upon the invoice, this being within 30 days from delivery of the goods. All transaction bank charges are to be paid by the Buyer.  WHL reserve the right to exercise their statutory right to compensation, interest and debt recovery charges under the Late Payment of Commercial Debts (Interest) Act 2013. On all overdue amounts. WHL will at its discretion assign each Buyer  a credit limit in the event the aggregate value outstanding from the Buyer  exceeds this limit WHL  reserve the right to terminate the contract forthwith. The Buyer agrees to reimburse WHL all legal costs incurred by them in connection with any legal proceedings taken by WHL against the Buyer to recover sums outstanding under this agreement.


 

5. DELIVERY - WHL endeavours to despatch Goods within 5 working days of order date.  The Buyer  agrees that delivery dates quoted by WHL are an estimated delivery date and therefore not guaranteed. WHL will take all reasonable steps to ensure delivery of Goods is as quoted or requested by the Buyer . However, WHL can not be held liable for delivery.  All Goods will be deemed to have been delivered two days after shipping.  In the event of failed/refused deliveries for any reason we reserve the right to charge re-delivery costs and where applicable storage charges amounting to 10% of the total order value per week or part thereof. 


6. RIGHT TO CANCEL and RETURN OF GOODS - With the exception of our approval service, Goods are sold on a firm sale basis. However, Buyers have the right to cancel an order, in writing,  within 7 working days from receipt of the goods, although this right to cancel does not cover any of the following goods.


Goods that are made to order to your specifications, such as furniture units, all Monarch furniture units, laptop, netbook, ipad and tablet trolleys, certain projector screens and other products, or items ordered under the TTS Direct brand

The item is audio, video or computer software and any seals or packaging have been opened.

·         For all other items a full refund might not be possible if the packing has been opened, therefore reducing their saleable value.


. If a Buyer  cancels an order after despatch and within the 7 working days from receipt, the Goods cannot be returned to WHL without prior written authorisation. The returned Goods must be received by WHL in merchantable condition and in the original packaging. When returning Goods under this clause, the Buyer  agrees to return the Goods at their own cost and WHL reserves the right to charge the Buyer for the direct costs of recovering Goods not paid for and not returned.


 

7. RETURNED GOODS - (a) Wishtrac will not accept goods for credit unless such return has been authorised by Wishtrac, and the goods are received back in stock condition, with original packaging, and Wishtrac retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof.


(b) The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to Wishtrac for credit, and goods shall be at the risk of the purchaser until actual receipt of the goods by Wishtrac. The onus of proof of safe delivery shall rest with the purchaser. (c) All items returned to the vendor by prearrangement and found to contain no fault, and all goods returned due to being ordered in error, or which are no longer required, will be subject to a 20% restocking charge, including all Monarch furniture, laptop, computer and tablet trolleys or charging units,  and TTS Direct goods. We reserve the right to levy delivery/collection, re-stocking and administration charges for goods ordered in error.  


8. DAMAGED GOODS - Buyers must contact WHL within 3 working days of delivery for any Goods received damaged on delivery. Where the Goods are visibly damaged on receipt, the Buyer should show damaged parcels to the carrier and sign for the Goods as damaged, otherwise WHL is not obliged to accept a claim for damaged goods.


 

9. ACCEPTANCE - The Buyer  shall be deemed to have accepted the Goods if they have not been rejected on or before the 7th working day after delivery. The Buyer  shall not be entitled to reject the Goods in whole or in part after such date.


 

10. TITLE AND RISK - Risk in the Goods shall pass to the Buyer  on delivery. Notwithstanding delivery and the passing of risk in the Goods, the Goods shall remain the sole and absolute property of WHL until such a time as the Buyer   have paid to WHL  in cash or cleared funds the purchase price of the Goods, together with the full price of any other Goods the subject of any other contract between WHL and the Buyer. The Buyer  acknowledges that until such a time as they become the owner of the Goods, the Buyer  is in possession of the Goods solely as fiduciary agent and bailee for WHL and the Buyer  will store, protect and insure the Goods on its premises separately from its own Goods or those of any other person and in a manner which makes them readily identifiable as the Goods of WHL. Subject to the terms hereof, the Buyer  is licensed to re-sell or use the Goods in the ordinary course of its business PROVIDED THAT any sale of the Goods shall take place as bailee for WHL and that the entire proceeds of sale are held in trust for WHL and are not mingled with other monies or paid into any overdrawn bank account. The Buyer’s right to possession of the Goods shall cease if the provisions of Condition 10 shall apply to the Buyer.  If payment for the Goods is overdue in whole or in part WHL may, without prejudice to any other rights or remedies, recover and/or sell the Goods or part thereof and shall be entitled to enter upon the Buyers premises or site for that purpose.


 

11. DEFAULT OR INSOLVENCY OF BUYER  - This condition applies if:


The Buyer is in breach of any of its obligations under these Conditions: or The Buyer has a receiving order in bankruptcy made against him or makes any arrangement with his creditors or, being a Company, has a receiver, liquidator, administrator, supervisor or administrative receiver appointed over its property or assets or any part of them or if any order shall be made or any resolution passed for winding up the Buyer , or The Buyer  ceases, or threatens to cease, to carry on business, or The WHL reasonably considers that any of the events mentioned above will occur. If this condition applies then the WHL may without prejudice to its other rights or remedies, demand immediate payment by the Buyer  of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the WHL and the Buyer without any liability attaching to the WHL in respect of such suspension or cancellation and debit the Buyer  with any loss sustained thereby.


 

12. LIMITATION OF LIABILITY - WHL shall not be liable to the Buyer  in respect of any loss suffered by the Buyer due to any defect in the goods. Without prejudice to this condition WHL shall not be liable to the Buyer or to any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way. The liability of WHL under these conditions shall not exceed the price of the goods.


 

13. USER LICENCES - For Goods sold under licence to a fixed number of users then it is the Buyers’ responsibility to ensure that the Goods are not used on a number of computers that exceeds the purchased licence.


 

14. 28 DAY APRPOVAL PERIOD - Software can be ordered on 28 day approval.   Items are returned at the Buyer’s own cost and the correct postage must be paid. If Goods are not returned within the 28 day approval as outlined on the issued approval notice, then the order becomes a firm sale. An invoice and software licence will be posted to the purchaser, and Goods cannot then be returned, but must be paid for.


 

15. VARIATION - WHL reserves the right to vary contract terms from time to time as necessary.


 

16. COMPLAINTS PROCEDURE - If the Buyer has any complaints they should at first contact WHL using any of the details given on their website.


 

17. NOTICE - WHL will accept written notification in electronic form (to enquiries@wishtrac.com), in writing delivered by post, or by fax to 08002 707 507. Notification electronic form will be deemed delivered on the day of transmission if sent before 5pm and deemed delivered on the next working day if sent after 5pm.


 

18. FORCE MAJEURE - WHL shall not 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and WHL shall be entitled to a reasonable extension of its obligations.


 

19. WAIVER - No waiver by WHL (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.


 

20. 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.


 

21. GOVERNING LAW AND JURISDICTION - These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.



Web Site Terms and Conditions




Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Wishtrac House Limited's relationship with you in relation to this website. 




The term Wishtrac House Limited or us or we refers to the owner of the website whose registered office is Unit 5 Price Street Business Centre, Price Street, Birkenhead, CH41 4JQ. The term you refers to the user or viewer of our website. 




The use of this website is subject to the following terms of use: 




The content of the pages of this website is for your general information and use only. It is subject to change without notice. 




*  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 


*  Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, downloads or information available through this website meet your specific requirements. 


*  This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 


*  All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. 


*  Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.


 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). 


 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales. 


Privacy Policy This privacy policy sets out how Wishtrac House Limited uses and protects any information that you give Wishtrac House Limited when you use this website.




   

Disclaimer: Wishtrac does not store financial details (credit card / debit card numbers) for any transactions. 




Wishtrac is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. 




Wishtrac may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1 June 2009. 




What we collect 




We may collect the following information: 




*  name and job title


*  Contact information including email address


*  Demographic information such as postcode


*  Other information relevant to customer surveys and/or offers




What we do with the information we gather 




We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: 




Internal record keeping. 




We may use the information to improve our marketing of products and services. 




We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. 




From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests. 




Security 




We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. 






Links to other websites 




Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. 




Controlling your personal information 




You may choose to restrict the collection or use of your personal information in the following ways: 




*  When you are asked to register on the website, look for the box that you can click to indicate if you want to be added to the mailing list. You can always change this preference later under Account Preferences 


*  We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. 


*  If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect. 




Disclaimer 




The information contained in this website is for general information purposes only. 




The information is provided by Wishtrac House Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 




In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. 




Through this website you are able to link to other websites which are not under the control of Wishtrac House Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. 




Every effort is made to keep the website up and running smoothly. However, Wishtrac House Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. 




Copyright notice




This website and its content is copyright of Wishtrac House Limited - © Wishtrac House Limited 2009. All rights reserved. 




Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: 




*  You may print or download to a local hard disk extracts for your personal and non-commercial use only, or in order to get the school to place an order


*  You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material


*  You may not, except with our express written permission, distribute or commercially exploit the content.