Copy of B2B Terms of Sale
These Terms of Sale set out the terms under which Goods are sold by Us to business customers through this website, www.weekett.com (“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.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Account" means an account required to access and use Our Web App, as detailed in Clause 15;
“Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in Edinburgh and London;
“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 or a mobile device that appears on, or forms part of, Our Web App;
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order;
“User” means a user of Our Web App;
“User Content” means any user specific content created and/or uploaded by Users in or to Our Web App; and
“We/Us/Our” means WeeKett Limited, a company registered in Scotland under Company Number SC588541, whose registered address is at 11-15 Thistle Street, Edinburgh, Scotland, EH2 1DF.
“Web App” Means the application known as WeeKett
2. Information About Us
2.1 Our Site, is owned and operated by Us.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 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.
4. Business Customers and Consumers
4.1 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). If you are a consumer, please consult Our Consumer Terms of Sale www.weekett.com.
4.2 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 or any documents referred to herein and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5. International Customers
Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.
6. Goods, Pricing, and Availability
6.1 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:
6.2 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).
6.3 Where appropriate, you may be required to select the required model and number of the Goods that you are purchasing.
6.4 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site.
6.5 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.
6.6 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. All pricing information is reviewed and updated every week. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.10 regarding VAT, however).
6.7 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 5 calendar days, We will treat your Order as cancelled and notify you of this in writing.
6.8 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.
6.9 Prices on Our Site are shown 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.
6.10 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
7. Orders – How Contracts Are Formed
7.1 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.
7.2 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.
7.3 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.
7.4 Order Confirmations shall contain the following information:
7.5 We will not include a paper copy of the Order Confirmation with your Goods.
7.6 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. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 Business Days.
7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
8.2 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).
8.3 We accept the following methods of payment on Our Site:
9. Delivery, Risk and Ownership
9.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).
9.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
9.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (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:
9.4 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.
9.5 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 5 Business Days upon receiving the returned goods. Please note that if any cancelled Goods are delivered to you, you must return them to Us.
9.6 Delivery shall be deemed complete once We have delivered the Goods to the address you have provided.
9.7 Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
9.8 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.
9.9 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
10. Faulty, Damaged or Incorrect Goods
10.1 We warrant that the Goods, on delivery shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
10.2 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, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
10.3 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:
10.4 The terms of this Clause 10 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 10.2.
10.5 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.
10.6 To return Goods to Us for any reason under this Clause 10, please contact Us at firstname.lastname@example.org 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.
10.7 Refunds (whether full or partial) under this Clause 10 will be issued within 7 Business Days of the day on which We agree that you are entitled to the refund.
10.8 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
10.9 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. Our Liability
11.1 Subject to sub-Clause 11.4, We will not be liable to you, whether in contract, delict/tort (including negligence), breach of statutory duty, or otherwise, for anyloss 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.
11.2 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, delict/tort (including negligence), breach of statutory duty, or otherwise, shall be £1000 or 100% of the total sums paid by you for the Goods under the contract in question, whichever is the greater sum.
11.3 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.
11.4 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.
11.5 To the fullest extent permissible by law, We accept no liability to consumers for loss or damage that is not foreseeable through the use of Our Web App.
11.6 We exercise all reasonable skill and care to ensure that Our Web App is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Web App (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.
11.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Web App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.8 Please read the instructions, manuals and other user documentation that comes with your Goods carefully. We recommend that you use all Goods safely and in accordance with the manufacturer’s guidelines.
12. Access to Our Web App
12.2 Access to Our Web App is free of charge.
12.3 It is your responsibility to make any and all arrangements necessary in order to access Our Web App.
12.4 We may from time to time make changes to Our Web App:
12.4.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.
We will inform you by email of any such changes (including, if applicable, anything that you need to do), however, they will be unlikely to materially affect your use of Our Web App;
12.5 We will always aim to ensure that Our Web App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 12.4. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Web App.
13.1 An Account is required to use Our Web App.
13.2 You may not create an Account if you are under 18 years of age.
13.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
13.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
13.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
13.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing Your account will also remove any User Content that you have created from Our system.
14. Our Intellectual Property Rights and Licence
14.1 We grant Users a limited, non-exclusive, revocable, worldwide, nontransferable licence to use Our Web App for personal purposes, subject to these terms and conditions.
14.2 Subject to the licence granted to Us under sub-Clause 17.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).
14.3 All other Content included in Our Web App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
14.4 By accepting these terms and conditions, you hereby undertake:
15. Links to Our Web App
15.1 You may link to Our Web App provided that:
15.2 You may not link to any page other than the homepage of Our Web App unless using the sharing features of Our Web App. Deep-linking to other parts of Our Web App requires Our express written permission.
15.3 You may not link to Our Web App from any other website the content of which contains material that:
16. Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
17. User Content
17.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our Web App. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 19.
17.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 17.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
17.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Web App.
17.4 If you wish to remove User Content, you may do so by using the delete option for individual content. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 17.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
17.5 We may reject, reclassify, or remove any User Content created or uploaded using Our Web App where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
18. Intellectual Property Rights and User Content
18.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
18.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
19. Acceptable Usage Policy
19.1 You may only use Our Web App in a manner that is lawful and that complies with the provisions of this Clause 19. Specifically:
19.2 The following types of User Content are not permitted on Our Web App and you must not create, submit, communicate or otherwise do anything that:
19.3 We reserve the right to suspend or terminate your Account and/or your access to Our Web App if you materially breach the provisions of this Clause 19 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
19.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
20.1 We may feature advertising within Our Web App and We reserve the right to display advertising on the same page as any User Content.
20.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
20.3 We are not responsible for the content of any advertising in Our Web App. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our Web App including, but not limited to, any errors, inaccuracies, or omissions.
21.1 No part of Our Web App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
21.2 Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Web App will meet your requirements, that it will be fit for a particular purpose, 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.
21.3 We make reasonable efforts to ensure that the Content contained within Our Web App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Web App (and the Content therein) is complete, accurate or up-to-date.
21.4 If you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Web App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
21.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Our Web App. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
22. Viruses, Malware and Security
22.1 We exercise all reasonable skill and care to ensure that Our Web App is secure and free from viruses and other malware. We do not, however, guarantee that Our Web App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.6.
22.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
22.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Web App.
22.4 You must not attempt to gain unauthorised access to any part of Our Web App, the server on which Our Web App is stored, or any other server, computer, or database connected to Our Web App.
22.5 You must not attack Our Web App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
22.6 By breaching the provisions of sub-Clauses 22.3 to 22.5 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 Web App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
23. Communications from Us
23.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Web App, and changes to your Account.
23.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 7 Business Days for Us to comply with your request. During that time, you may continue to receive emails from Us.
23.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at email@example.com.
24. Events Outside of Our Control (Force Majeure)
24.1 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 or other natural disaster, or any other event that is beyond Our reasonable control.
24.2 If any event described under this Clause 24 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
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 5 Business Days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods.
25. Communication and Contact Details
25.1 If you wish to contact Us with matters relating to the Goods or your Order, cancellations or general questions you may contact Us by email at firstname.lastname@example.org or refer to the relevant Clauses above.
26. Complaints and Feedback
26.1 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.
26.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
26.2.1 By email, at email@example.com;
27. How We Use Your Personal Information (Data Protection)
27.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
28. Other Important Terms
28.1 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.
28.2 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.
28.3 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.
28.4 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.
28.5 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.
28.6 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 5 Business Days of your cancellation and will be made using the same payment method that you used when ordering the Goods.
29. Law and Jurisdiction
29.1 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.
29.2 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.