Terms and Conditions
TERMS AND CONDITIONS
The following terms and conditions are the terms on which Wishtrac
House Limited offers and sells to buyers and governs all sales of goods and services.
Nothing in these terms and conditions shall affect the statutory rights of the buyer.
VALUE
ADDED TAX
VAT will be charged in accordance with UK government regulations ruling
at the time of despatch.
PRICING
The price for goods or services is correct at the
time of going to print or when web pages are uploaded but are subject to change without
notice. In the event of changes to the price Wishtrac House Limited will notify customers
either before despatch or on your invoice, included with the goods at the time of
delivery. If you are unhappy with a price increase at the time of delivery then Wishtrac
House Limited will accept return of the goods for a refund, on condition that they
are received by us in merchantable quality and that the buyer notifies Wishtrac House
Limited of the decision in writing within 7 working days of delivery of the goods.
All prices are quoted in pounds sterling and are payable in sterling.
PAYMENT
All invoices
are payable within the terms specified upon the invoice, this being within 30 days
from delivery of the goods. All transaction bank charges are to be paid by the buyer,
we require net funds. We reserve the right to exercise our statutory right to interest
and debt recovery charges under the Late Payment of Commercial Debts (Interest) Act
1998, if we are not paid according to agreed credit terms.
DELIVERY
Wishtrac House
Limited endeavours to despatch goods within 5 working days of order date. All goods
will be deemed to have been delivered two days after shipping.
RIGHT TO CANCEL and
RETURN OF GOODS
With the exception of our approval service, goods are sold on a firm
sale basis. However, buyers have the right to cancel an order, in writing, within
7 working days from receipt of the goods, although this right to cancel does not
cover goods delivered on digital media which have been unsealed, for example CDs,
DVDs, Video etc. If a buyer cancels an order after despatch and within the 7 working
days from receipt, the goods cannot be returned to Wishtrac House Limited without
prior authorisation and should be received by Wishtrac House Limited in merchantable
condition. In this case the buyer agrees to return the goods to Wishtrac House Limited
at their own cost and Wishtrac House Limited reserves the right to charge the buyer
for the direct costs of recovering goods not paid for and not returned.
DAMAGED GOODS
Buyers
must contact customer services within 3 working days of delivery for any goods received
damaged on delivery. We strongly recommend that buyers show damaged parcels to the
carrier and sign for the goods as damaged otherwise a claim may be invalid.
ACCEPTANCE
The
buyer shall be deemed to have accepted the goods if they have not been rejected on
or before the 7th working day after delivery. The buyer shall not be entitled to
reject the goods in whole or in part after such date.
TITLE AND RISK
The goods shall
be at the risk of the buyer from the time of delivery. Notwithstanding delivery,
title in the goods shall not pass to the buyer until Wishtrac House Limited has received
payment of all sums owing. Until such time as title in the goods passes to the buyer,
Wishtrac House Limited shall have the right to repossess or otherwise recover the
goods and to charge the buyer for the direct costs of recovery.
LIMITATION OF LIABILITY
Wishtrac
House Limited shall not be liable to the buyer in respect of any loss suffered by
the buyer due to any defect in the goods. Without prejudice to this condition Wishtrac
House Limited shall not be liable to the buyer or to any third party for any loss
of profit, consequential or other economic loss suffered by the buyer arising in
any way. The liability of Wishtrac House Limited under these conditions shall not
exceed the price of the goods.
USER LICENCES
For goods sold under licence to a fixed
number of users then it is the buyers’ responsibility to ensure that the goods are
not used on a number of computers that exceeds the purchased licence.
VARIATION
Wishtrac
House Limited reserves the right to vary contract terms from time to time as necessary.
COMPLAINTS
PROCEDURE
If buyers have any complaints they should at first contact customer services
using any of the details given on our website.
NOTICE
Wishtrac House will accept written
notification in electronic form (to enquiries@wishtrac.co.uk), in writing delivered
by post, or by fax to 0151 632 6792. Notification electronic form will be deemed
delivered on the day of transmission if sent before 5pm and deemed delivered on the
next working day if sent after 5pm.
FORCE MAJEURE
Wishtrac House Limited shall not
be liable for any delay or failure to perform any of its obligations if the delay
or failure results from events or circumstances outside its reasonable control, including
but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure
of any communications, telecommunications or computer system, breakdown of plant
or machinery or shortage or unavailability of raw materials from a natural source
of supply, and Wishtrac House Limited shall be entitled to a reasonable extension
of its obligations.
WAIVER
No waiver by Wishtrac House Limited (whether express or
implied) in enforcing any of its rights under this contract shall prejudice its rights
to do so in the future.
SEVERANCE
If any term or provision of these Terms and Conditions
is held invalid, illegal, or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if these Terms and Conditions had
been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING
LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and Wales and the parties hereby submit to
the exclusive jurisdiction of the English Courts.
Web Site Terms and Conditions.
Welcome to our website. If you continue to browse and use this website you are agreeing
to comply with and be bound by the following terms and conditions of use, which together
with our privacy policy govern Wishtrac House Limiteds relationship with you in relation
to this website.
The term Wishtrac House Limited or us or we refers to the owner
of the website whose registered office is 9 Barnfield Close, Meols, Wirral. The term
you refers to the user or viewer of our website.
The use of this website is subject
to the following terms of use:
The content of the pages of this website is for your
general information and use only. It is subject to change without notice.
*..Neither
we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness,
performance, completeness or suitability of the information and materials found or
offered on this website for any particular purpose. You acknowledge that such information
and materials may contain inaccuracies or errors and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by law.
*..Your
use of any information or materials on this website is entirely at your own risk,
for which we shall not be liable. It shall be your own responsibility to ensure that
any products, services, downloads or information available through this website meet
your specific requirements.
*..This website contains material which is owned by or
licensed to us. This material includes, but is not limited to, the design, layout,
look, appearance and graphics. Reproduction is prohibited other than in accordance
with the copyright notice, which forms part of these terms and conditions.
*..All
trade marks reproduced in this website which are not the property of, or licensed
to, the operator are acknowledged on the website.
*..Unauthorised use of this website
may give rise to a claim for damages and/or be a criminal offence.
*..From time to
time this website may also include links to other websites. These links are provided
for your convenience to provide further information. They do not signify that we
endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is
subject to the laws of England, Scotland and Wales.
Privacy policy
This privacy policy
sets out how Wishtrac House Limited uses and protects any information that you give
Wishtrac House Limited when you use this website.
Wishtrac House Limited is committed
to ensuring that your privacy is protected. Should we ask you to provide certain
information by which you can be identified when using this website, then you can
be assured that it will only be used in accordance with this privacy statement.
Wishtrac
House Limited may change this policy from time to time by updating this page. You
should check this page from time to time to ensure that you are happy with any changes.
This policy is effective from 1 June 2009.
What we collect
We may collect the following
information:
*..name and job title
*..contact information including email address
*..demographic
information such as postcode
*..other information relevant to customer surveys and/or
offers
What we do with the information we gather
We require this information to understand
your needs and provide you with a better service, and in particular for the following
reasons:
Internal record keeping.
We may use the information to improve our marketing
of products and services.
We may periodically send promotional email about new products,
special offers or other information which we think you may find interesting using
the email address which you have provided.
From time to time, we may also use your
information to contact you for market research purposes. We may contact you by email,
phone, fax or mail. We may use the information to customise the website according
to your interests.
Security
We are committed to ensuring that your information is
secure. In order to prevent unauthorised access or disclosure we have put in place
suitable physical, electronic and managerial procedures to safeguard and secure the
information we collect online.
How we use cookies
A cookie is a small file which
asks permission to be placed on your computer hard drive. Once you agree, the file
is added and the cookie helps analyse web traffic or lets you know when you visit
a particular site. Cookies allow web applications to respond to you as an individual.
The web application can tailor its operations to your needs, likes and dislikes by
gathering and remembering information about your preferences.
We use traffic log
cookies to identify which pages are being used. This helps us analyse data about
web page traffic and improve our website in order to tailor it to customer needs.
We only use this information for statistical analysis purposes and then the data
is removed from the system.
Overall, cookies help us provide you with a better website,
by enabling us to monitor which pages you find useful and which you do not. A cookie
in no way gives us access to your computer or any information about you, other than
the data you choose to share with us.
You can choose to accept or decline cookies.
Most web browsers automatically accept cookies, but you can usually modify your browser
setting to decline cookies if you prefer. This may prevent you from taking full advantage
of the website.
Links to other websites
Our website may contain links to other websites
of interest. However, once you have used these links to leave our site, you should
note that we do not have any control over that other website. Therefore, we cannot
be responsible for the protection and privacy of any information which you provide
whilst visiting such sites and such sites are not governed by this privacy statement.
You should exercise caution and look at the privacy statement applicable to the website
in question.
Controlling your personal information
You may choose to restrict the
collection or use of your personal information in the following ways:
*..when you
are asked to register on the website, look for the box that you can click to indicate
if you want to be added to the mailing list. You can always change this preference
later under Account Preferences
*..We will not sell, distribute or lease your personal
information to third parties unless we have your permission or are required by law
to do so.
*..If you believe that any information we are holding on you is incorrect
or incomplete, please write to or email us as soon as possible, at the above address.
We will promptly correct any information found to be incorrect.
Disclaimer
The information
contained in this website is for general information purposes only.
The information
is provided by Wishtrac House Limited and while we endeavour to keep the information
up to date and correct, we make no representations or warranties of any kind, express
or implied, about the completeness, accuracy, reliability, suitability or availability
with respect to the website or the information, products, services, or related graphics
contained on the website for any purpose. Any reliance you place on such information
is therefore strictly at your own risk.
In no event will we be liable for any loss
or damage including without limitation, indirect or consequential loss or damage,
or any loss or damage whatsoever arising from loss of data or profits arising out
of, or in connection with, the use of this website.
Through this website you are
able to link to other websites which are not under the control of Wishtrac House
Limited. We have no control over the nature, content and availability of those sites.
The inclusion of any links does not necessarily imply a recommendation or endorse
the views expressed within them.
Every effort is made to keep the website up and
running smoothly. However, Wishtrac House Limited takes no responsibility for, and
will not be liable for, the website being temporarily unavailable due to technical
issues beyond our control.
Copyright notice
This website and its content is copyright
of Wishtrac House Limited - © Wishtrac House Limited 2009. All rights reserved.
Any
redistribution or reproduction of part or all of the contents in any form is prohibited
other than the following:
*..you may print or download to a local hard disk extracts
for your personal and non-commercial use only, or in order to place an order
*..you
may copy the content to individual third parties for their personal use, but only
if you acknowledge the website as the source of the material
*..You may not, except
with our express written permission, distribute or commercially exploit the content.
Nor may you transmit it or store it in any other website or other form of electronic
retrieval system.