Terms and Conditions
These terms and conditions of sale apply to on-line offers, acceptances and/or contracts of sale made and/or entered into by any individual or legal entity (hereinafter the "Buyer") accessing, for professional or non-professional purposes, in his name and for his account or in the name or for the account of another individual or entity, the web site referenced to under, notably, the Westec domain (hereinafter the "Web Site") or the customer contact Centre (hereinafter the "Customer Contact Centre") operated by the "Seller" (hereinafter the "Seller") Westec Supplies, 1 Commerce House, Dawlish Business Park, Dawlish, Devon EX7 0NH.
1. Acceptance / Contract Formation
These terms and conditions shall apply to any offer, acceptance and/or contract of sale between Seller and Buyer made and/or entered through the Web Site or the Customer Contact Centre. Offers or acceptances may be communicated orally, delivered in person or by telephone or in writing, delivered by regular mail, hand delivery, overnight courier, facsimile or electronic mail. Additional or conflicting terms from those in these terms and conditions in an offer or acceptance by Buyer or communicated by any other means to Seller are expressly objected to and shall not be deemed accepted by Seller unless Seller's acceptance thereof is in writing and specifically refers to each such additional or conflicting term.
Without prejudice to article 9, second paragraph, as far as consumers (i.e. any individual or entity acquiring products or using services from the Buyer for exclusively non-professional purposes) are concerned, and unless otherwise expressly provided by Seller, no presentation of any product and/or service shall be deemed to amount to a legal offer and any contract of sale shall only be deemed entered into between Seller and Buyer upon issuance by Seller of the relevant shipping slip.
It is agreed that each delivery installment will give rise to a separate contract subject to these terms and conditions, it being agreed, however, that Seller will be entitled to suspend and/or cancel any contract, to exercise its retention title or to set off any amount due, and this in respect of any other contract with Buyer.
2. Delivery / Force Majeure
All shipping and delivery dates are given for information purposes only and are not binding. Seller shall not be responsible for any prohibition, failure, interruption or delay in manufacture or delivery which may be caused by sabotage, fire, flood, explosion, labor dispute, strike, work stoppage, riot, insurrection, war, act of, or priorities granted by request of or for the benefit, directly or indirectly, of any governmental body, authority or agency, shortage of raw materials or supplies, act of God, insufficient capacity, or other cause beyond Seller's control. In the event of any such prohibition, failure, interruption or delay, Seller may, at its option, extend the delivery time or cancel the order, in whole or in part. In no event shall Seller be liable for any special, incidental, indirect or consequential damages, including but not limited to loss of profits, loss of turnover, loss of savings, loss of business, loss of clientele, loss of data, third-parties' claims, or claims or labour resulting from any failure or delay in delivery.
Seller will be entitled to proceed with partial deliveries. Buyer is responsible for the accuracy of the delivery address and collection of shipped items.
Delivery of goods is via a courier and is typically on a next day delivery basis for all orders processed before 3pm. Buyer must sign for goods upon receipt. However, Seller shall not be liable for any delays caused by the courier. Should a delivery fail the Courier will leave a card and the Buyer is then to contact the Courier directly in order to arrange redelivery. Failure to arrange redelivery will result in the goods being return to Seller. Seller will add a redeliver cost on to our invoice if goods are returned to Seller. Seller will aim to get the goods to Buyer on a next day basis but this is not legally binding.
3. Compliance with Laws / Export Control
Seller intends to comply with all laws or regulations applicable to the performance by Seller of each contract, provided, however, that any failure of Seller to so comply shall not be a defense to, or excuse Buyer from, performance by Buyer of any order. Seller retains the right to cancel or delay delivery of any order at any time or amend the terms thereof, without penalty or liability of any nature, as required with respect to any export or import license or approval that Seller reasonably determines may be required. Buyer agrees to comply with all such laws, regulations and orders and acknowledges that it shall not directly or indirectly export any materials to any country to which such export or transmission is restricted or prohibited. Buyer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
4. Warranty / Claims / Limitations of Liability
Seller warrants the items purchased under the contracts subject to these terms and conditions in accordance with the applicable warranty statement provided with the relevant item or published by the producer at the producer's website.
To the extent the previous paragraph would not be regarded as satisfactory under any applicable law, the following warranty terms shall apply to ordered items.
Buyer shall not be entitled to invoke apparent defects and/or non-conformities if he fails to notify Seller thereof within two (2) business days following receipt of the ordered items. No claim shall be allowed by any party other than the Buyer. Any claim for breach of this express warranty that is not made within the timeframes set forth herein shall be void. Unless otherwise agreed to in writing by Seller, Buyer shall set aside, protect, and hold the item at stake without further processing until Seller has an opportunity to inspect and advise of the disposition, if any, to be made of such item. In no event shall any item be returned, reworked, or scrapped by Buyer without the written authorisation of Seller.
Seller will, as Buyer's sole and exclusive remedy and at Seller's option, replace or, without replacement, render credit for any item sold to Buyer which, if properly selected, stored, processed and used by the Buyer shall prove and notify as being defective or non-conforming as per the previous paragraph. Seller's material shall be deemed defective only to the extent that it materially deviates from the chemical, physical, and mechanical portions of producer's applicable specifications, as published by the relevant producer or resulting from the nature of the sold item, and Seller's standard manufacturing and commercial tolerances, variations and practices.
Samples supplied by Seller are solely for the purpose of evaluating the suitability of such material or services for potential use and, as such, the samples are not intended to serve as warranties of any type, either express or implied.
Buyer shall have sole responsibility for selection and specification of the goods or services appropriate for the end use of such goods or services, even if Buyer has informed Seller of the end use for such goods or services. Buyer acknowledges that it alone has determined that the materials purchased or processed hereunder will suitably meet the requirements of their intended use.
Seller shall not be liable to Buyer or any other person or entity for, and Buyer releases Seller from any and all liability for negligence by Seller with respect to any activity engaged in by Seller with regard to the goods or services sold hereunder and from any and all liability imposed upon manufacturers or sellers of goods or services under any product liability theory or under any similar legal theory. Seller shall not, under any circumstances including, but not limited to, delay in delivery, breach of contract, breach of warranty, negligence, tort, strict liability, or use of materials sold or processed by seller, be liable to Buyer or any other party for any special, incidental, indirect or consequential damages, including but not limited to loss of profits, loss of turnover, loss of savings, loss of business, loss of clientele, loss of data, third-parties' claims or claims for labor. To the extent not prohibited by law, in no event shall Seller's liability for defective material sold to Buyer exceed the purchase price thereof.
Except as specifically set forth in these terms and conditions, and notwithstanding any language in this or any other provision to the contrary, the warranties referred to herein are in lieu of all other warranties, express or implied; seller disclaims specifically the implied warranties of merchantability, fitness for a particular purpose, for hidden/latent defects, or otherwise. No representations or warranty, express or implied, made by any sales representative or other agent or representative of seller which is not specifically set forth in these terms and conditions shall be binding upon seller.
Returns must be made in accordance with the "Return Policy" attached to these Terms and Conditions that forms integral part hereof. Any return made otherwise will be regarded as null and void and will not give rise to any of the warranties at charge of the Seller.
5. Prices and Delivery
All prices on this Web Site are exclusive of UK VAT. All quoted prices, extras (including applicable surcharges), and all delivery or transportation rates, are subject to change, without notice, to reflect Seller's prices and extras, and applicable VAT, delivery or transportation rates, in effect as of the date of shipment or of invoicing. Unless otherwise agreed, freight will be charged from the point of original manufacture or processing.
The total purchase price, including taxes and delivery charges, if any, will be displayed on the order confirmation screen before payment is requested.
For overseas orders (outside UK and Channel Islands) including Republic of Ireland and Northern Ireland, delivery charges and applicable taxes will be confirmed once the order has been submitted. Payment will not be taken until the additional charges have been confirmed.
All payments are to be made by the Buyer in Pounds Sterling.
6. Title / Security Interest
Failure by Buyer to make any payment due hereunder, or on request to give proper shipping instructions, or to accept delivery at times stated, or to comply with all terms of any contract between Buyer and Seller shall give Seller, in addition to all other available remedies, the right at its option to deduct any undelivered quantities of material from the total quantity of material to be furnished whether under this or any other contract between Buyer and Seller. Title to and ownership of materials shall be retained by Seller until Seller receives payment from Buyer for said materials. To the extent enforceable under any applicable law, Buyer hereby grants to Seller a security interest (which shall be deemed a purchase money security interest) in all goods and materials provided to Buyer by Seller or upon which Seller performs services for Buyer, to secure payment by Buyer for all such goods, materials or services. In the event of non-payment by Buyer of any debt, obligation or liability now or hereafter incurred or owing by Buyer to Seller, Seller shall have all rights of, and all of the remedies available to an unpaid secured creditor at law or in equity. Buyer agrees, and, to the extent permitted by law, Seller is authorised to, execute and file whatever documents are necessary, including security agreements or financing statements, to evidence and perfect the security interest granted by this paragraph.
Any excise, levies or taxes, including VAT where applicable, which Seller is required to pay or collect, under any existing or future law or regulation (domestic or foreign), upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the material covered hereby, shall be for the account of the Buyer, and Buyer agrees to pay the amount thereof to Seller upon request.
8. Delivery / Risk of Loss
Unless otherwise specifically stated on a document of sale furnished by Seller or agreed to in writing and signed by Seller, delivery shall occur, and risk of loss shall pass to Buyer, upon delivery of ordered items to a carrier at the point of shipment. Transportation shall be at Buyer's sole risk and expense, and any claim for loss or damage in transit shall be against the carrier only.
All items are sent typically on a next day delivery basis for all orders received before 3pm. Orders to UK are Free for order values of £150+ (excluding VAT) otherwise a £9.99 delivery charge is applied. Orders to Channel Islands are Free for order values of £250+ (excluding VAT) otherwise a £25.00 delivery charge is applied. Contact Seller for overseas delivery charges.
See Section 2 for details on Delivery Failures.
9. Cancellation / Change Order Requests
Goods must be complete, unused, and in 'as new' condition (eg if Buyer has opened the box to examine the product it must have been done so without damaging the box and packaging or damaging the product in any way) and must be re-packaged as received.
Goods must be returned to Seller's Returns Department as per our Return Policy within seven (7) days from authorisation. We are unable to accept returns of un-wanted and non-faulty items after seven (7) days.
Any 'free gifts' with the products must also be returned.
We are unable to accept returns of the goods where a "special order" has been raised.
Items can be cancelled as long as item has not shipped.
10. Payment Terms
Account Customers are invoiced and payment terms are thirty (30) days net. Payments made by credit card for which Seller charges a surcharge of 3% or by debit card which is free of charge. Payment can also be made by Bank Transfer or Cheque.
The unpaid portion of any amounts due to Seller shall automatically bear interest at the United Kingdom legal rate increased by 3%, as from the due date and without notice and shall be increased by a lump sum indemnity equal to 12% of the amount due in principal.
Non-account Customers must make payment before goods are dispatched, either by PayPal via this website at the time of ordering or by credit card (for which we charge a 3% surchage) or debit card. Web Site payments are accepted via a PayPal account and do not incur any surcharges from Seller to Buyer. We do not store any payment details on our Web Site.
Payment must be received and cleared in full before any goods will be dispatched.
11. Adequate Assurance / Rights of Seller
Seller may, at any time or times, suspend performance of any order or require security or other adequate assurance satisfactory to Seller when, in Seller's opinion, the financial condition of Buyer or other grounds for insecurity warrant such action.
12. Assignment / Subcontracting
Buyer shall not assign any order or any interest therein without the written consent of Seller. Any such actual or attempted assignment without Seller's proper written consent shall entitle Seller to cancel such order upon notice to Buyer.
13. Intellectual Property and Indemnification
Seller will defend Buyer against any claim based on an allegation that an ordered item infringes a patent or copyright of another, and Seller will pay any resulting costs, damages, and attorney's fees finally awarded against Buyer that are attributable to such claim or will pay the part of any settlement that is attributable to such claim; provided, that (i) Buyer notify Seller promptly in writing of the claim, (ii) Seller is permitted to control the defense or settlement of the claim, and (iii) Buyer cooperates reasonably in such defense or settlement at Seller's expense.
In its defence or settlement of any such claim, Seller may (i) procure for Buyer the right to continue using the item at stake, (ii) modify such item so that it becomes non-infringing, or (iii) replace it with an equivalent one not subject to such claim. If the use of any item furnished under any contract subject to these terms and conditions is enjoined and none of the preceding alternative is reasonably available to Seller, Seller will provide Buyer an opportunity to return the item and receive a refund of the purchase price paid, less a reasonable allowance for use.
Seller shall have no liability to Buyer or to any of its customers for claims of infringement based upon (i) the use of any ordered item in combination with any product not supplied by Seller or (ii) the use of any item designed, manufactured, or modified to the specifications of Buyer.
The foregoing states the entire obligation and liability of Seller with respect to infringement and claims thereof.
14. Data Protection
Seller collects personal information provided by Buyer or its representatives, such as but not limited to name, address and other contact details, including telephone numbers and e-mail addresses, areas of interest, as well as any other specific and explicit data that the Seller may collect from time to time, such as orders, shipping, billing details and payment. Seller also keeps a record of the Buyer's product interests, purchases and any information Buyer choose to give Seller, such as e-mail comments and registration information.
Access to this Web Site is anonymous. This Web Site uses a visitor tracking program to provide statistics regarding the number of visitors, pages accessed etc. This information is captured at a statistical level and no information is kept on individual visitors.
Cookies (small pieces of information that are created by a browser and saved to a computer's hard drive) are stored by this Web Site to control access to the 'Store', manage items in the 'shopping basket' and process your order. All cookies stored by this Web Site are deleted when the browser is closed or a Buyer 'logs out' of the Web Site.
Most web browsers allow some control of most cookies through browser settings. To find out more about cookies, including how to see what cookies have been sent and how to manage and delete then, visit All About Cookies.
Seller transfers personal information to its affiliates and business partners, such as the distributors of products sold on the Web Site or through the Customer Contact Centre, including entities located out of the European Union, such as the United States, where the legal protection of personal data is not necessarily similar to that in force within the European Union.
The personal information so collected and processed is used to manage and process orders, to keep track of the performance of sale agreements, including the delivery of ordered products, as well as of return requests, repairs, replacements and/or reimbursements. Those data also help Seller to improve its products and services to better serve Buyer's shopping needs, and for marketing purposes, to provide Seller with valuable information about Buyer's interactions with Seller's brands, to assist the Seller with the development of new products and/or services, and help Seller to evaluate what types of information or products or services might be of interest to Buyer.
Seller may occasionally send Buyer information or promotional materials on its products and services that might be of interest to Buyer. Buyer may request (i) to be removed from Seller's email or mailing lists at any time and for free, (ii) to review the information Seller is holding about him, and (iii) to ask the rectification of any incorrect information by contacting the Seller by e-mail, or alternatively, by sending a written request to Westec, 1 Commerce House, Dawlish Business Park, Dawlish, Devon EX7 0NH, United Kingdom.
If a buyer has created an account on this Web Site, the Buyer can check that the information the seller holds is accurate by accessing their account online (the Buyer should enter their email address and password to log on and view their details).
By calling the Customer Contact Centre, visiting the Web Site or entering into any contract with Seller, Buyer agrees, for himself and on behalf of any interested third party on the collection, processing or use of personal data as set out in this Article.
Westec will ensure that personal information supplied by customers is held safely and securely in accordance with the Data Protection Act 1998.
15. Merger Clause / Entire Agreement / Modification of Terms
These terms and conditions and sales documentation constitute the entire contract between Seller and Buyer. No modification hereof shall be of any force and effect unless in writing and signed by the party claimed to be bound thereby. A waiver of any of the terms or conditions hereof shall not be deemed a continuing waiver, but shall apply solely to the instance to which the waiver is directed. If any portion of these terms and conditions is declared to be unenforceable by a court of competent jurisdiction, all other portions shall be considered to be valid and enforceable to the extent that they are reasonably severable. The headings contained in these terms and conditions are for convenience of reference only and are not intended to have any substantive significance in interpreting this document.
16. Governing Law / Jurisdiction / Arbitration
These terms and conditions, sales documentation of Seller accompanying them and any agreement subject thereto shall be governed by, and construed in accordance with the laws of the United Kingdom.
The courts located in the United Kingdom will have exclusive jurisdiction on disputes between the Seller and the Buyer and the parties hereto consent to be subject to the jurisdiction of such courts, this without prejudice to the jurisdiction of any other court to allow, permit, facilitate and/or ensure the effective enforcement of any court decision.
Seller reserves the right to update/modify these terms and conditions at any time. Any changes posted onto the Web Site will not affect any orders placed prior to the effective dates or changes unless required by law.
Schedule 1 - Return Policy
The Seller strives to ensure you are completely satisfied with your purchase(s). Please check your order/receipt as soon as it arrives to ensure you have received the intended content(s), in the right conditions. Inform our Customer Support Centre of any apparent defect or apparent non-conformity within two (2) business days of your receipt.
- Defects or damage must be reported to the Seller within 2 (two) working days from delivery. Please retain all damaged contents, original packaging materials and shipping boxes. This is a prerequisite for filing the claim(s). (Failure to do so can result in the denial of your claim and the refund or replacement of your purchase.)
- Contact our Customer Support Centre by email or telephone with a description of the defective item(s)or the nonconformity, as well as the order or invoice number.
- Our Customer Support Centre will then initiate the return process and arrange for a product replacement to be sent to you.
- Please include a copy of your invoice, along with the returned item in its original packaging.
- Our carrier will contact you to agree a day/time a driver will come and pick up the package(s).
- If necessary, Westec will reship your order to you ASAP. (Please note all items are subject to their availability.)
Returns of unwanted items
Returns cannot be accepted without prior authorisation from Seller and a returns number. The returns authorisation is only valid for seven (7) days. We will arrange collection by courier for you and the appropriate charges will be applied to your refund. Goods sent back to Seller without prior authorisation will be returned back to you and the extra delivery cost will be applied to your Account.
Full refund of the cost of the goods is wholly conditional upon the above conditions being met and the refund authorised only after a full inspection of the goods by our Returns department to check for completeness and correct product return.
Goods received back complete as new and unused and in original box and packaging including all accessories and in a re-sellable condition: You will be refunded the full invoice amount less cost of delivery.
Goods received back complete as new and unused and in original box and packaging but with accessories missing: You will be refunded the full Invoice price - less delivery charges and cost of accessories.
Goods received back not in a re-sellable condition: We are unable to accept these back under the above terms and the goods will be returned back to you and the cost of delivery charged to your account.
Our Customer Care Centre is open from 09:00 till 17:00 local UK time, and attainable at the following number +44 (0)1626 888117.
Refunds will be processed within one to two working days.