Terms and Conditions of Sale
Please read these Terms carefully before ordering any Products from the Winner Tubes website at www.winnertubes.com (the “Site”). These Terms give you information about us, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent authorised access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You must take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We may amend these Terms from time to time as set out in Clause 11.1. Every time you wish to order Products, please check these Terms to ensure that you understand the terms which will apply at that time. These Terms were most recently updated on 25 August 2017.
INFORMATION ABOUT US
- We are Winner Tubes Limited (“we”, “us”, “our” and similar expressions), a company registered in England and Wales. Our company registration number is 10720558 and our registered office is at 5-9 Eden Street, Kingston Upon Thames, Surrey, KT1 1BQ, UK. Our registered VAT number is GB266497359.
- You can contact us by email at firstname.lastname@example.org or by writing to us at Winnertubes Ltd, Unit 42, Platt’s Eyot, Hampton, Surrey, TW12 2HF, United Kingdom.
- If we have to contact you, we will do so by telephone or in writing, on the telephone number or at the email address or postal address that you provided to us in your order.
OUR CONTRACT WITH YOU
- By placing an order this does not mean that we have accepted your order for Products nor that the Products are in stock.
- Our acceptance of your order will take place when we email you to accept it (an “Order Confirmation”), at which point a contract will come into existence between you and us. Please note that our sending of an Order Confirmation will also be subject to us having received payment of the price for the Product(s) ordered and associated delivery charges.
- If we are unable to accept your offer, we will inform you of this by email and you will not be charged for the Product(s). If you have already paid for the Product(s), we will refund you the amount paid for the relevant Product(s) as soon as possible. We may be unable to accept your offer if, for example, the Product(s) is(are) out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product(s) or because we are unable to meet a delivery deadline that you have specified.
- Where you have ordered more than one Product and we are not able to deliver the whole of your order at any one time due to an operation reason or stock shortage, we may choose to deliver the order in more than one package. Where we do this, we will contact you first and will not charge you extra delivery costs.
- We will assign an order number to your order and tell you what it is when we accept your order in the Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
- Our Site is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
- Products ordered through the Site are for sale to consumers only for their personal use and are not for resale. We reserve the right to limit order quantities per item and the total value of Products ordered per day and per month.
- We have made every effort to include accurate images and descriptions of the Products. However, please be aware that the images of the Products on our Site are for illustrative purposes only and your Product may vary slightly from those images. The packaging of a Product may also vary from that shown in images on our Site.
PROVIDING THE PRODUCTS
- The costs of delivery and delivery options will be as displayed to you on the Site.
- Your order will be fulfilled by the estimated delivery date set out in your Order Confirmation, which will be within 30 days after the day on which we accept your order, unless there is a delay outside our control.
- If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- An event outside of our control would include, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If no one is available at the delivery address that you provided to us in your order to take delivery, and the Product(s) cannot be posted through your letterbox at that address, Royal Mail should leave a notification of attempted delivery. You should follow the instructions left by Royal Mail.
- You own the Product(s) once we have received payment in full, including all applicable delivery charges.
- The Product(s) will be your responsibility from the time that we deliver the Product(s) to the delivery address that you provided to us in your order.
YOUR RIGHTS TO END THE CONTRACT
Your right to end the contract with us will depend on what Product(s) you have bought, whether there is anything wrong with the Product(s), how we are performing and when you decide to end the contract:
- if the Product(s) is(are) faulty or miss-described you may have a legal right to end the contract (or to get the Product(s) repaired or replaced or to get some or all of your money back), and for this, see Clause 7;
- if you want to end the contract because of something that we have done or have told you that we are going to do, see Clause (c);
- if you have just changed your mind about the Product(s), see Clause 5.3 (you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods); and
- in all other cases (if we are not at fault and there is no right to change your mind), see Clause 5.4.
You want to end the contract because of something that we have done or have told you that we are going to do: If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any Product(s) which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Product(s) or these Terms which you do not agree to;
- we have told you about an error in the price or description of the Product(s) you have ordered and you do not wish to proceed;
- there is a risk that supply of the Product(s) may be significantly delayed because of events outside our control;
- we have suspended supply of the Product(s) for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
- You want to end the contract because you have changed your mind: You have a legal right to change your mind within 14 days after the day that you (or someone you nominate) receives the Product(s) or, if your Product(s) are split into several deliveries over different days, you have 14 days after the day that you (or someone you nominate) receives the last delivery, and receive a refund.
- Ending the contract where we are not at fault and there is no right to change your mind: Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract will be completed when the Product(s) are paid for and have been delivered to the address that you provided to us in your order. If you want to end the contract before it is completed where we are not at fault and you have no right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Product(s) not provided but we may deduct from that refund reasonable compensation for the net costs that we will incur as a result of your ending the contract.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the contract with us, please let us know by doing one of the following:
- emailing us at email@example.com or writing to us at Winnertubes Ltd, Unit 42, Platt’s Eyot, Hampton, Surrey, TW12 2HF, United Kingdom. Please provide your name, home address, details of the order (including details of what you bought, when you ordered or received it and the order number) and, where available, your phone number and email address; or
- request a returns form by emailing firstname.lastname@example.org and post or email the completed form to us at the address set out in the form.
- If you end the contract for any reason after the Product(s) have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Winnertubes Ltd, Unit 42, Platt’s Eyot, Hampton, Surrey, TW12 2HF, United Kingdom and you may use our free-post return label where we have agreed to pay the costs of return (see below), in accordance with our returns procedure. Please email us at email@example.com if a return label has not been included with your Product(s). If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. The Product(s) are your responsibility until they reach us and we cannot accept liability for goods that get lost or damaged in transit back to us.
We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because of one of the reasons set out in clause 5.2.
- In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
We will refund you the price that you paid for the Product(s) including delivery costs, by the method that you used for payment. If a Product is faulty or miss-described, we would be happy to provide a replacement Product of the same type and value (provided that Product is still available) instead of a refund if you would prefer. To exercise this option, please contact our customer service by emailing us at firstname.lastname@example.org. If we are providing a refund, we may make deductions from the price, as described below, if you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s), if this has been caused by your handling them in a way which would not be permitted in a shop (including where the Product(s) or packaging or any seal or film wrapper around the Product(s) has been damaged, broken or removed) or where you have used the Product(s). If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method that we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you opt for the Product to be delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- If you have returned the Product(s) using the free-post returns label, where we have not agreed to pay for the costs of return, we may reduce your refund of the price (excluding delivery costs) to reflect the costs of return.
- We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us. For information about how to return a Product to us, see clause 6.2.
- Any refunds will be made using the initial method of payment and any orders placed by credit or debit card will be refunded to the same credit or debit card used for initial payment.
IF THERE IS A PROBLEM WITH THE PRODUCT
- If you have any questions or complaints about the Product(s), please contact us. You can write to us at email@example.com or Winnertubes Ltd, Unit 42, Platt’s Eyot, Hampton, Surrey, TW12 2HF, United Kingdom
- We are under a legal duty to supply products that are in conformity with this contract. As a consumer, you will always have legal rights in relation to a Product that is faulty or not as described. These legal rights are not affected by any of these Terms.
- If you wish to exercise your legal rights to reject a Product or Products you must either post them back to us at Winnertubes Ltd, Unit 42, Platt’s Eyot, Hampton, Surrey, TW12 2HF, United Kingdom, or (at our discretion, if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage (using the cheapest method of delivery and cost which would have been available to you for the original purchase) or collection. Please contact us by emailing us at firstname.lastname@example.org if a return label has not been included with your Product(s) or to arrange collection.
PRICE AND PAYMENT
- The price of the Product(s) (which includes VAT) will be the price indicated on the order pages when you placed your order.
- We use our best efforts to ensure that the price of the Product(s) advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products that we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Product(s) at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Product(s) at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Product(s) provided to you.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date that we supply the Product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the Product(s) in full before the change in the rate of VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are quoted on the Site from time to time. The delivery charges applicable to any order you make will be notified to you at the time that you place the relevant order.
- We accept payment with all major UK credit and debit cards. You must pay for the Product(s) before we dispatch them. Your credit or debit card shall be debited at the point that you place the order.
- If you think an invoice is wrong or you have been charged the wrong amount, please contact us promptly to let us know by emailing our customer service team at email@example.com or Winnertubes Ltd, Unit 42, Platt’s Eyot, Hampton, Surrey, TW12 2HF, United Kingdom
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply Products for domestic and private use. You agree not to use the Product(s) for any commercial, business or re-sale purposes. However, if you do use the Product(s) for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- Where we extend credit to you for the Products, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
- We will only give your personal information to other third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
- We may revise these Terms from time to time. The date on which these Terms were last updated is indicated at the top of this page. Every time you order Product(s) from us, the Terms in force at that time will apply to the contract between you and us.
- We may transfer our rights and obligations under these Terms to another organisation.
- You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These Terms, their subject matter and formation are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If we are unable to resolve any complaint using our internal complaints procedure, then we will inform you of the name and website address of an alternative dispute resolution provider and whether we are obliged or prepared to make use of that provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform