wagandco website users must read these terms and conditions prior to their use of this website and to the purchase of any goods/products/equipment available on this website.
The purchase of any goods/products/equipment available on this website and the access and use of this website signifies the USER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS ("Terms").
From time to time, wagandco reserves all rights to modify the Terms of the website. Charges and payment terms may be changed in accordance with the applicable price schedule. Accordingly, a user should continue to review the Terms whenever accessing or using the website. A user's access or use of the website after the posting of modifications to these Terms will constitute such user's acceptance of the Terms, as modified. If a user refuses to accept the Terms, such user may not use the website and/or purchase the goods/products/equipment available on this website. Any terms and conditions proposed by a user which are in addition to or which conflict with these Terms are expressly rejected by wagandco and shall be of no force or effect.
1. CONSENT TO TERMS AND CONDITIONS
Any and all users of this website (the "User(s)" or the "Purchaser(s)") represents that he has read, understood, and agreed to be bound by the Terms. He also agrees (a) that his use of the website and the purchase of all goods/products/equipment are subject to all applicable international, federal, state, and local laws, (b) not to use the website and/or to purchase the goods/products/equipment available on this website for illegal purposes, and (c) not to interfere with or disrupt the website or networks connected to the website.
2. COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND PROPRIETARY RIGHTS.
The design of, as well as the and information contained in, the website ("Materials") are owned, licensed, or controlled by wagandco or the party credited as the owner, licensor, or provider of such Materials. The Materials on the website, including, but not limited to all menu pages, content, text, graphics are protected by copyrights, trademarks, service marks, design marks and/or other proprietary rights and laws of England and Wales. The website is also protected as a collective work or compilation under United Kingdom laws. The User agrees to comply with all applicable copyright and other laws. The User may view, print and download one copy of the contents for his personal non-commercial use, provided, he maintains all copyright, trademark and other notices contained on the Materials. The User may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, teach, broadcast, create a derivative work from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without wagandco's prior written consent.
3. CONDITIONS OF SALE
3.1 Care is taken to give reliable descriptions, but these are not guaranteed and Purchasers are advised to check vital details. wagandco also reserve the right to correct any errors.
3.2 Purchaser warrants that use or misuse of any goods/products/equipment purchased from wagandco is his responsibility and hereby fully indemnifies and holds harmless wagandco as per Clause 6.
3.3 All quotations are subject to prior sale and change without notice. Shipping dates are approximate only and may be subject to delays because of acts beyond wagandco's control. All specifications are offered merely as a guide and all terms are sold "as is - where is" and there are no express or implied warranties, whether with respect to fitness, merchantability or otherwise.
3.4 FOR SAFETY REASONS, WAGANDCO CANNOT ACCEPT ANY RETURNS WHERE THE ORIGINAL SHIPMENT OR PACKAGING HAS BEEN PUNCTURED, DAMAGED, PARTIALLY OR FULLY OPENED, SEALS BROKEN OR MALFORMED, OR THROUGH ANY INTERNAL HANDLING OF THE GOODS/PRODUCTS/EQUIPMENT, WHETHER ACCIDENTALLY OR DELIBERATELY. ANY REFUNDS WILL BE GIVEN AT THE SOLE DISCRETION OF WAGANDCO.
3.5 Under the Distance Selling Regulations the Purchaser has the right to cancel his order for any goods/products/equipment purchased on wagandco's website or through wagandco telesales or e-mail returns@wagandco.com and claim a full refund. THE RIGHT TO CANCEL UNDER THE DISTANCE SELLING REGULATIONS IS STRICTLY SUBJECT TO CLAUSE
3.5.1 To cancel his order Purchaser must notify wagandco as required in Clause 3.5 within seven (7) working days following the day of delivery. Purchaser must return the goods/products/equipment to wagandco as required by these Terms but if Purchaser does not or if Purchaser returns the goods/products/equipment at wagandco's expense wagandco may charge Purchaser the reasonable costs of returning a goods/products/equipment except in the case of cancellation of substitute goods/products/equipment.
3.5.2 Should Purchaser wish to exercise his rights under the Distance Selling Regulations his order may only be cancelled in writing, by fax or by e-mail. Telephone cancellations cannot be accepted.
3.5.3 The goods/products/equipment must be returned in an unopened, unused and re-saleable condition as described in Clause 3.4. Purchaser is responsible for the cost of safe carriage back to wagandco. Purchaser is strongly advised to arrange for adequate insurance to cover the goods/products/equipment during its return journey.
3.5.3 The goods/products/equipment should be returned within seven (7) working days from the date wagandco receives Purchaser's cancellation. If Purchaser is unable to return the goods/products/equipment to wagandco within seven (7) working days Purchaser must contact wagandco to arrange a collection which will be at Purchaser cost.
3.6 The goods/products/equipment sold may not conform to safety codes and such non-conformance does not engage the responsibility of wagandco. The Purchaser agrees to save and hold harmless waganco and its suppliers from any and all liability connected with the goods/products/equipment available on this website.
3.7 Orders are not subject to cancellation except with our express written consent. Where payment terms are extended, wagandco retains a security interest in the goods/products/equipment with right of repossession without demand until paid in full. All transactions will be deemed made and governed by the laws of England and Wales.
3.8 Where limited offers are advertised, these goods/products/equipment are subject to availability and are allocated on a strict first come first served basis. When all the stock of these goods/products/equipment have been allocated, substitute product may or may not be offered at wagandco's discretion.
3.9 wagandco have selected goods/products/equipment on the basis that they will be used for domestic use only. If Purchaser is planning to use them for business purposes he should ensure that he has appropriate insurance. wagandco accepts no liability whatsoever.
3.10 The price Purchaser pays is the price displayed on this website at the time wagandco receives Purchaser order apart from the following exception. While wagandco tries and ensures that all prices on wagandco's website are accurate, errors may occur. If wagandco discovers an error in the price of goods Purchaser has ordered wagandco will inform Purchaser as soon as possible and give Purchaser the option of reconfirming his order at the correct price or cancelling it. If wagandco are unable to contact Purchaser wagandco will treat the order as cancelled. If Purchaser cancels and Purchaser has already paid for the goods, Purchaser will receive a full refund.
3.11 Payment can be made by any method specified in wagandco's Payment Options section. wagandco will take all reasonable precautions to keep the details of Purchaser's order and payment secure, but, unless wagandco are negligent, wagandco cannot be held liable for any losses caused as a result of unauthorised access to information provided by Purchaser.
3.12 wagandco makes every effort to deliver goods within the estimated timescales advertised on the website, however delays are occasionally inevitable and time for delivery will not be of the essence. wagandco will endeavour to keep Purchaser informed of any delay to his expected delivery date.
3.13 Purchaser is responsible for ensuring that the dimensions of his goods/products/equipment and the delivery destination are suitable for delivery. Should it transpire that a goods/products/equipment will not fit into the delivery address and Purchaser subsequently cancels the order, a restocking and handling fee of 15% will apply. Where delivery has been attempted, Purchaser delivery charge will not be refunded.
3.14 wagandco are unable to tell Purchaser, when presented with the dimensions of the delivery address, whether the goods/products/equipment he is ordering will fit into the location.
3.15 The Purchaser acknowledges and agrees that all the information submitted to wagandco through the website may be transferred to third parties for the purpose of shipping the goods/products/equipment and/or for the purpose of fulfilling any lawful obligations under this Terms. The Purchaser must read the "Privacy Policy" of wagandco, which shall govern the use of such information.
4. TAXES AND ASSESMENTS
All taxes such as any Local Use, Sales and/or Excise taxes, duties, imposts and/or any similar assessments is the sole responsibility of the Purchaser and he agrees to pay any taxes and/or assessments where applicable.
5. REPRESENTATIONS
The User and/or Purchaser represents, warrants and covenant that: (a) he has the power, competence and authority to enter into this agreement and to purchase the goods/products/equipment; (b) he is at least eighteen (18) years old; (c) he shall not use any rights granted hereunder for any unlawful purpose; and (d) he shall use the website and purchase the goods/products/equipment only as set forth in the Terms.
6. INDEMNIFICATION
The User and/or Purchaser agrees, at his own expense, to indemnify, defend and hold harmless wagandco, its officers, directors, members, employees, affiliates, subsidiaries, agents, and assigns from any and all claims, suits, actions, or other proceedings based on or arising in connection with the website and/or any links on the website and/or any goods/products/equipment available on this website, including, but not limited to: (a) a violation of the Terms by him or any other person using his computer (or account); (b) his use of the website; (c) the purchase, use, or misuse of the goods/products/equipment available on this website (d) a claim that any use of the website by him or any other person using his computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libellous or defamatory, or otherwise results in injury or damage to any third party; (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the website by him or any other person using his computer (or account); (f) any misrepresentation or breach of representation or warranty made by him contained herein; or (g) any breach of any covenant or agreement to be performed by him hereunder. wagandco's cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges. The Users agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
7. LIMITED WARRANTY
7.1 wagandco represents and warrants that it has the right and authority to make the goods/products/equipment available pursuant to Terms and Conditions.
7.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE GOODS/PRODUCTS/EQUIPMENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WAGANDCO AND EACH THIRD PARTY SUPPLIER OF GOODS/PRODUCTS/EQUIPMENT EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY
8.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions in the description and/or specifications of the goods/products/equipment available or any other materials contained in this website, (b) the unavailability of any goods/products/equipment, (c) the use of the goods/products/equipment, (d) the use of any equipment in connection with the goods/products/equipment, (e) the content of this website, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
8.2 "Covered Party" means (a) wagandco, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of wagandco or its affiliates; and (b) each third party supplier of goods/products/equipment of wagandco, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of goods/products/equipment or any of their affiliates.
8.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR TO THE GOODS/PRODUCTS/EQUIPMENT AVAILABLE ON THIS WEBSITE SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS SOLD TO PUCHASERS. THE RIGHT OF THE PURCHASERS TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH THEY MAY HAVE AGAINST ANY COVERED PARTY.
8.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS WEBSITE AND/OR THE GOODS/PRODUCTS/EQUIPMENT AVAILABLE ON THIS WEBSITE, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
9. MISCELLANEOUS
9.1 Other provisions that govern the use of this website and the purchase of the goods/products/equipment available on this website are set forth in the price schedule, online descriptions of goods/products/equipment, online notices following goods/products/equipment selection, and individual documents retrieved from the website (collectively, the "Additional Terms"), all of which are incorporated by reference into these Terms and Conditions.
9.2 The failure of the wagandco or any third party supplier of materials and/or goods/products/equipment to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
9.3 These Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of England and Wales.
9.4 Each third party supplier of materials and/or goods/products/equipment has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. Use of this site is subject to our privacy statement. © wagandco 2006.