(1) Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you
place an order for products from our website.
(2) Interpretation
In these terms of sale, "we" means W E Roberts (Packing Supplies) Ltd
(and "us" and "our" will be construed accordingly); and "you" means our
customer or potential customer for products (and "your" will be construed
accordingly).
(3) Order Process
The advertising of products on our website constitutes an "invitation to
treat"; and your order for products constitutes a contractual offer. No
contract will come into force between you and us unless and until we accept
your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will
need to take the following steps:
(i) you must add any the products you wish to purchase
to your shopping cart, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an
account with us and log in; if you are an existing customer, you must enter
your login details;
(iii) once you are logged in, you must select your
preferred method of delivery, confirm your order and your consent to these
terms of sale;
(iv) you will be transferred to the WorldPay or PayPal
website and WorldPay or PayPal will securely handle the payment;
(v) we will then send you an initial acknowledgment by
email;
(vi) once we have checked whether we are able to meet
your order, we will either send you an order confirmation (at which point
your order will become a binding contract) or we will confirm by email that
we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation
to your order. We may update the version of these terms of sale on the
website from time to time, and we do not guarantee that the version you have
agreed to will remain accessible. We therefore recommend that you download,
print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying
whether you have made any input errors at the stage of confirming the order.
You may correct those input errors before placing your order by clicking
your back button and editing the items in your shopping basket and the
delivery and payment methods.
(4) The Products
W E Roberts (Packing Supplies) sell a wide range of stock corrugated
boxes and associated packaging materials. Our full online product
range can be found by browsing the categories on this website.
(5) Price and Payment
Prices for products are quoted on our website. The website contains a
large number of products and it is always possible that some of the prices
on the website may be incorrect. We will verify prices as part of our sale
procedures so that a product's correct price will be stated when you pay for
the product.
In addition to the price of the products, you may have to pay a delivery
charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold
the products and/or cancel the contract between us if the price is not
received from you in full in cleared funds.
The prices on the website include all value added taxes (where
applicable).
Payment for all products must be made by credit or debit card.
Prices for products are liable to change at any time, but changes will
not affect contracts which have come into force.
(6) Your Warranties
You warrant to us that:
(a) you are legally capable of entering into binding
contracts, and you have full authority, power and capacity to agree to these
terms of sale;
(b) the information provided in your order is accurate
and complete; and
(c) you will be able to accept delivery of the products.
(d) you are resident in England or Wales; and
(e) you are at least 18 years of age.
(7) Delivery Policy
We will arrange for the products to be delivered to the address for
delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the
date for delivery set out in our order confirmation or, if no date is set
out in our order confirmation, within 3-5 days of the date of our order
confirmation. However, we cannot guarantee delivery by the relevant date. We
do however guarantee that unless there are exceptional circumstances all
deliveries of products will be dispatched within 30 days of the later of
receipt of payment and the date of our order confirmation.
Deliveries to non UK-Mainland addresses may take longer and additional
delivery surcharges may apply.
(8) Risk and Ownership
The products will be at your risk from the time of delivery. Ownership of
the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in
respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where
ownership has not passed to you.
(9) "Cooling off" Period
Under the Distance Selling Regulations, you may cancel a distance
contract to purchase a product or products at any time within 7 working days
after the day you received the relevant products or products (subject to the
limitations set out below).
You will not have any such right insofar as a contract relates to:
(i) the supply of products the price of which is
dependent upon fluctuations in financial markets which we cannot control;
(ii) the supply of goods made to your specifications or
clearly personalised;
If you cancel a contract on this basis, you must inform us in writing and
return the products to us immediately, in the same condition in which you
received them. Products returned by you in accordance with this Section will
be refunded in full (including the cost of sending the products to you).
However, you will be responsible for paying the cost of returning the
product to us.
If you cancel a contract on this basis and you do not return to the
products to us, we may recover the products and charge you for the costs we
incur in doing so. Similarly, if you return the products at our expense, we
may pass that expense on to you.
(10) Statutory Rights
Nothing in these terms of sale affects any statutory rights you may have
as a consumer.
(11) Refunds
If you cancel a contract and are entitled to a refund, we will usually
refund any money received from you using the same method originally used by
you to pay for your purchase. We will process the refund due to you as soon
as possible and, in any event, within 30 days of the day we received your
valid notice of cancellation.
(12) Force Majeure
In this section below, "force majeure event" means:
(a) any event which is beyond our reasonable control;
(b) the unavailability of raw materials, components or products; and/or
(c) power failure, industrial disputes affecting any
third party, bad weather, governmental regulations, fires, floods,
disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us
performing our obligations under these terms of sale, those obligations will
be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to, or which
is likely to give rise to, any failure or delay in us performing our
obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force
majeure event.
(13) Limitations of Liability
Nothing in these terms of sale will limit or exclude your or our
liability for:
(i) death or personal injury caused by negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any matter for which it would be illegal to limit
or exclude, or attempt to limit or exclude, liability.
Subject to this:
(a) we will not be liable for any losses arising out of
a force majeure event;
(b) we will not be liable in respect of any defect in
the products arising from fair wear and tear, wilful damage, accident,
negligence by you or a third party, use otherwise than in accordance with
the manufacturer's or our instructions or recommendations, or any alteration
carried out by you or any third party; and
(c) if you are a business customer: (i) our liability in
connection with any product purchased through our website is strictly
limited to the higher of the purchase price of the relevant product and the
replacement cost of the relevant product; and (ii) we will not be liable for
any loss of income or revenue, loss of business, loss of profits or
contracts, loss of anticipated savings, loss of data or waste of management
or office time, or loss of goodwill or reputational damage.
(14) Contract Cancellation
We may cancel a contract to supply products made under these terms of
sale immediately by written notice to you if you fail to pay, on time and in
full, any amount due to use under the contract, or commit any material
breach of your obligations to us under the contract.
(15) Consequences of Cancellation
Upon the cancellation of a contract in accordance with Section 17:
(a) we will cease to have any obligation to deliver
products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where
applicable to pay for products which have been delivered at the date of
cancellation (without prejudice to any right we may have to recover the
products)
(16) Scope of these Terms of Sale
These terms of sale do not constitute or contain any assignment or
licence of any intellectual property rights, do not govern the licensing of
works (including software and literary works) comprised or stored in
products, and do not govern the provision of any services by us or any third
party in relation to the products.
(17) General terms
Images of products on our website are for illustrative purposes; actual
products may differ from such images.
We will treat all your personal information that we collect in connection
with your order in accordance with the terms of our privacy policy; use of
our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument
in writing signed by both you and us. We may revise these terms of sale from
time-to-time, but such revisions will not affect the terms of any contracts
which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable
by a court of competent jurisdiction, the remaining provisions will remain
in full force and effect, and such invalid or unenforceable provisions or
portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or
otherwise, in any one or more instances, will be deemed to be, or be
construed as, a further or continuing waiver of that provision or any other
provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of
your rights or obligations arising under these terms of sale. Any attempt by
you to do so will be null and void. We may assign, charge, sub-contract or
otherwise transfer any of our rights or obligations arising under these
terms of sale, at any time providing where you are a consumer that such
action does not serve to reduce the guarantees benefiting you under these
terms of sale.
Each contract under these terms of sale is made for the benefit of the
parties to it and is not intended to benefit, or be enforceable by, any
other person. The right of the parties to terminate, rescind, or agree any
amendment, variation, waiver or settlement under such contracts is not
subject to the consent of any person who is not a party to the relevant
contract.
Subject to Section 13: these terms of sale contain the entire agreement
and understanding of the parties in relation to the purchase of products
from our website, and supersede all previous agreements and understandings
between the parties in relation to the purchase of products from our
website; and each party acknowledges that no representations not expressly
contained in these terms of sale have been made by or on behalf of the other
party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with
English law, and the courts of England and Wales will have non-exclusive
jurisdiction to adjudicate any dispute arising under or in relation to these
terms of sale.
(8) About Us
Our full company name is W E Roberts (Packing Supplies) Ltd.
Our principal trading address is:
Unit J1, Northfleet Industrial Estate
Lower Road
Northfleet
Kent
DA11 9BL
Our company registration number is 1763734.
Our email address is info@wer.co.uk.
Our VAT number is GB 583979763.