By Using Our Site You Accept These Terms and Conditions.
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, https://wolfsonbrands.orderspa... (“Our Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated on 21st April 2021.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
The following document also applies to your use of Our Site:
- Our Privacy Policy. This is also referred to below in Part 15.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” | means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and |
“We/Us/Our” | means WOLFSON BRANDS (UK) LIMITED , a company registered in Scotland under SC638930, whose registered address is 12 Payne Street, Glasgow, Scotland, G4 0LF. |
2. Information About Us
- Our Site is operated by Us.
- Our VAT number is 332630922.
3. How to Contact Us
To contact Us, please email Us at commercial@wolfsonbrands.com.
4. Access to Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make the arrangements necessary in order to access Our Site.
- Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time. If We make any significant alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.
6. Changes to these Terms and Conditions
- We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
- If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
7. International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
8. How You May Use Our Site and Content (Intellectual Property Rights)
- All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
- You may print one copy and download extracts of any page(s) from Our Site for personal use only.
- You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
- Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
- You may not use any Content including saved or downloaded Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
- Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
9. Links to Our Site
- You may only link to the homepage of Our Site, https://wolfsonbrands.orderspa.... Linking to other pages on Our Site requires our express written permission.
- Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
- You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
- Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
- You must not frame or embed Our Site on another website without Our express written permission.
- You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
10. Links to Other Sites
- Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
- The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
11. Disclaimers
- Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
- We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
- If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
12. Our Liability
- Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
- If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
- If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
- Subject to Part 12.6, if you are a consumer and digital content from Our Site damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.
- Note that the right to compensation or repair in Part 12.5 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled.
13. Viruses, Malware, and Security
- We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
- You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
14. Acceptable Usage of Our Site
- You may only use Our Site in a lawful manner:
- You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
- You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
- You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
- You must not use Our Site to bully, threaten, harass, intimidate, insult, annoy, alarm, inconvenience, upset, or embarrass another person;
- You must not use Our Site or communicate in any way using Our Site that:
- is sexually explicit;
- in any way sexualises minors (including, but not limited to, child sexual abuse material);
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes, encourages, incites, or supports acts of terrorism;
- promotes or assists in any form of unlawful activity;
- is defamatory of another person;
- bullies, insults, intimidates, or humiliates another person;
- discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
- implies any form of affiliation with Us or any other party where there is none;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party; or
- is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.
- If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
- Suspend or terminate your right to use Our Site;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you, as appropriate;
- Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
15. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy.
16. Communications from Us
- If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
- We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 7 days for your request to take effect and you may continue to receive emails during that time.
- For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
17. Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with Scots Law.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
- If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Scottish Courts.
TERMS OF SALE
BACKGROUND:
These Terms of Sale set out the terms under which Goods are sold by Us to business customers through this website, https://wolfsonbrands.orderspa... (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
- Definitions and Interpretation
- In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
- Information About Us
- Our Site, is owned and operated by Us.
- Our VAT number is 332630922.
- Access to and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Use of Our Site is subject to Our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
- Business Customers and Consumers
- These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
- These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
- International Customers
Please note at present We only deliver within the United Kingdom.
6. Goods, Pricing and Availability
- We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
- Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
- Where appropriate, you may be required to select the required number of the Goods that you are purchasing.
- We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site.
- Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.10 regarding VAT, however).
- All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14 calendar days, We will treat your Order as cancelled and notify you of this in writing.
- In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
- Prices on Our Site are shown both exclusive of and inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- Delivery charges are not included in the price of Goods. Deliveries within the UK are free of charge.
- Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
- Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
7. Orders – How Contracts Are Formed - Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
- If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
- Order Confirmations shall contain the following information:
- Your Order Number;
- Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
- We will also include a paper copy of the Order Confirmation with your Goods.
- In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.
- Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.
8.Payment
- On completion of your Order We will send an invoice to the email address you provide during the ordering process.
- You must pay this invoice within 30 calendar days of the date of the invoice. Payment must be made in full for your Order without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
- We accept the following methods of payment:
- Bank Transfer
- By using a third-party payment service, you may also be subject to an agreement with the third party. For example, Amazon Pay (UK) is a third-party service provided by Amazon Payments UK Limited. and is subject to their Terms of Use. We shall have no liability whatsoever to you with regard to any contract between you and any such third party. It is your responsibility to comply with the terms of any such third party contract. Failure to comply with any such third party contract may have financial and other consequences for you. By accepting payment from the above mentioned third parties, does not mean that We make any recommendation or endorsement of these third party providers or their Goods. It is for you to decide whether any third party’s terms are acceptable to you and you agree that you enter into any such third party contract at your own risk.
- If We receive notice that your activity violates a third party's terms and conditions, We may take action to comply with their policies. Such actions may include cancelling a transaction.
- Our payment methods may be made available, modified, or discontinued by us at any time without notice.
- We may refuse service of payments to anyone, for any reason, at any time.
- We reserve the right to decline transactions that We believe to be high risk, fraudulent, or in violation of these Terms of Sale.
- You will not be permitted to make further orders for Goods until your previous Order has been paid in full in terms of this Clause 8.
- We are under no circumstances liable for the functionality or availability of third party services. We are not liable for any errors/defects or delays, or any failure of a third party to fulfil its obligations, to the extent that this is the result of the actions or omissions of you or a third party.
9.Delivery, Risk and Ownership
- All Goods purchased through Our Site will normally be shipped within 48 hours after the date of order and will normally be delivered within 7 calendar days unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).
- If We are unable to deliver the Goods on the delivery date, the following will apply:
- If no one is available at your delivery address to receive the Goods and the Goods, the Courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
- If you do not collect the Goods or rearrange delivery and the Courier returns the goods to us, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that We incur in recovering the Goods.
- In the unlikely event that We fail to deliver the Goods within 30 calendar days of receipt of payment for the Goods (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
- We have refused to deliver your Goods; or
- In light of all relevant circumstances, delivery within that time period was essential; or
- You told Us when ordering the Goods that delivery within that time period was essential.
- If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
- You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 30 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
- Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
- Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
- Responsibility for (the risk in) the Goods will pass to you when ownership of the Goods passes to you, as defined in sub-Clause 9.7.
- Any refunds due under this Clause 9 will be made using the same payment method that you used when paying for the Goods in terms of clause 8.
10.Faulty, Damaged or Incorrect Goods
- We warrant that the Goods, on delivery, shall be as described; be free from material defects; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
- If any Goods you have purchased do not comply, subject to sub-Clause 10.3 and your compliance with sub-Clauses 10.2.1 to 10.2.3, We shall, at Our option, replace the affected Goods, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
- You must give Us written notice of the non-compliance within a reasonable time of discovering it;
- You must return the Goods in question to Us at Our expense (see sub-Clause 10.6 for more information); and
- You must give Us a reasonable opportunity to examine the Goods in question.
- We will not be liable for any non-compliance with the provisions of sub-Clause 10.1 of any Goods if any of the following apply:
- You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 10.2.1;
- The non-compliance has arisen as a result of your failure to follow instructions on the correct usage and storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
- The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
- The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable use.
- The terms of this Clause 10 shall also apply to any Goods which are replaced by Us under sub-Clause 10.2.
- Except as provided in this Clause 10, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 10.1.
- To return Goods to Us for any reason under this Clause 10, please contact Us at commercial@wolfsonbrands.com to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
- All Goods must be returned unused and in the original packaging as they were in when received by you.
- Refunds (whether full or partial) under this Clause 10 will be issued within 30 days of the day on which We agree that you are entitled to the refund.
- Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
- Refunds under this Clause 10 will be made using the same payment method that you used when paying for the Goods in terms of clause 8.
- We will not refund postage for Goods found to be in good working order. Costs of posting the Goods back to you will depend on the Goods and will be communicated to you after the testing process has been completed.
11. Our Liability
- Subject to sub-Clause 11.4, We will not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
- Subject to sub-Clause 11.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the contract price/total sums paid by you for the Goods under the contract in question.
- Except to the extent expressly set out in sub-Clause 10.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.
12. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic (whether natural or manmade) or natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 30 Calendar Days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 Calendar Days of the date on which the Contract is cancelled and will be made using the same payment method that you used when making payment in terms of clause 8;
- If an event outside of Our control occurs and continues for more than 60 Calendar Days and you wish to cancel the Contract as a result, you can contact Us directly to cancel, please use the following details:
- If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
Email: commercial@wolfsonbrands.com ;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when making payment in terms of clause 8.
13. Communication and Contact Details
- If you wish to contact Us with general questions or complaints, you may contact Us by email at commercial@wolfsonbrands.com.
- For matters relating to the Goods or your Order, please contact Us by email at commercial@wolfsonbrands.com.
- For matters relating to cancellations, please contact Us by email at commercial@wolfsonbrands.com or refer to the relevant Clauses above.
- 14. Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:
- In writing, addressed to Wolfson Brands, 12 Payne Street, Glasgow, G4 0LF.
- By email, at commercial@wolfsonbrands.com.
15.How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy, and Our Cookie Policy.
16. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
- If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 14 Days of your cancellation and will be made using the same payment method that you used when making payment in terms of clause 8.
- Always check the product label or packaging on Goods prior to use/ consumption. If there are discrepancies, you should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling, ingredients, allergen information, packaging details and recommended use.
17. Law and Jurisdiction - These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Scots Law.
- Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Scottish courts.