Terms & Conditions

The following terms and conditions are the terms on which Wishtrac House Limited (WHL) whose company registration number is 06765314 and Registered Office Address is Wishtrac House Limited, 9 Barnfield Close, Meols, Wirral, CH47 7DA offers and sells to Buyers 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. Any orders dispatched overseas including Ireland will be DAP (delivered at place) only. Any overseas vat or duty due will be buyer’s responsibility. 

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 Buyers before despatch. All prices are quoted in pounds sterling and are payable in sterling, or in Euros for customers in The Republic of Ireland.

3. PACKING AND CARRIAGE CHARGE

Orders within the United Kingdom are charged at £6.99 per order. WHL reserves the right to amend packing and carriage charges at any time. Please contact WHL for overseas costs.

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 reserves the right to exercise its statutory right to compensation, interest and debt recovery charges under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) 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 reserves 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 cannot be held liable for delivery delays caused by third-party couriers or Force Majeure events. All Goods will be deemed to have been delivered two days after shipping. In the event of failed/refused deliveries for any reason WHL reserves 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. In the event that Goods are marked as delivered by the courier but have not been received by the Buyer (including cases where the courier has left the package unattended), the Buyer must notify WHL in writing within 3 working days of the expected delivery date or shipping notification. WHL will not be liable for missing or stolen Goods, nor will WHL investigate non-delivery claims, if the Buyer fails to report the missing delivery within this 3-working-day window. 

6. RIGHT TO CANCEL AND RETURN OF GOODS

Goods are sold on a firm sale basis. However, WHL voluntarily grants Buyers the right to cancel an order by giving written notice within 7 working days from receipt of the Goods. This right to cancel does not apply to audio, video, or computer software where any security seals or packaging have been opened. Where an order is cancelled within this 7-working-day window, the Goods must be returned at the Buyer's own cost and risk, in perfect resaleable condition, and in their original packaging. Any non-faulty Goods returned outside of this 7-working-day cancellation window, or returned due to being ordered in error, will be strictly subject to a 20% restocking charge. WHL reserves the right to levy additional delivery, collection, and administration charges for any Goods ordered in error. 

7. RETURNS FOR CREDIT 

a) Outside of the 7-day cancellation window, WHL will not accept Goods for credit unless such a return has been expressly authorised in writing by WHL. The Goods must be received back in brand-new stock condition with original packaging. WHL retains sole discretion over whether to accept the return, rectify the Goods, or issue a credit note. 

b) The Buyer shall be responsible for the cost of outward and return carriage, as well as insurance for all Goods returned to WHL for credit. The Goods remain at the sole risk of the Buyer until actual, physical receipt by WHL. The onus of proof of safe delivery rests entirely with the Buyer. 

8. DAMAGED GOODS AND SHORTAGES

Buyers must contact WHL in writing within 3 working days of delivery to report any Goods received damaged or any shortages in the delivery quantity. Where physical damage to the outer packaging is visible upon arrival, the Buyer should make a note of this with the carrier when signing for the delivery wherever practical. To process a damage claim, the Buyer must provide clear photographic evidence of both the damaged item(s) and the outer packaging within the 3-working-day window. WHL is not obliged to accept or investigate claims for transit damage if this photographic evidence is not provided within 3 working days of delivery.

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 has 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 it becomes 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 11 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 Buyer’s 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 it or makes any arrangement with its 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 WHL reasonably considers that any of the events mentioned above will occur. If this condition applies then 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 WHL and the Buyer without any liability attaching to WHL in respect of such suspension or cancellation and debit the Buyer with any loss sustained thereby.

12. LIMITATION OF LIABILITY 

a. Nothing in these Terms and Conditions shall exclude or limit WHL’s liability for death or personal injury caused by its negligence, fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited under English law. 

b. Subject to clause 12(a), WHL shall not be liable to the Buyer or to any third party for any loss of profit, loss of business, consequential loss, or any other indirect economic loss suffered by the Buyer arising in any way out of a defect in the Goods or breach of contract. 

c. Subject to clause 12(a), the total liability of WHL under or in connection with these conditions shall not exceed the price of the Goods giving rise to the claim.   

13. VARIATION

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

14. COMPLAINTS PROCEDURE

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

15. NOTICE

WHL will accept written notification in electronic form (to enquiries@wishtrac.com) or in writing delivered by post. Notification in 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.

16. 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.

17. 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.

18. 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.

19. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by & construed in accordance with the law of England and Wales & the parties hereby submit to the exclusive jurisdiction of the English Courts.