Website terms and conditions of supply of goods
This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on [17.07.2013] when we changed clauses [N/A] and [N/A]
These Terms, and any Contract between us, are only available in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.twowests.co.uk. We are Two Wests & Elliott Limited, a company
registered in England and Wales under company number 06368160
Our registered office is at Unit 4 Carrwood Road, Sheepbridge Industrial Estate, Chesterfield,
Derbyshire S41 9RH.
Our VAT number is GB 918 2431 30.
1.2 For more detailed information about us please CLICK HERE
1.3 To contact us, please see our Contact Us page.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have
made every effort to display the colours
accurately, we cannot guarantee that your computer's display of the colours accurately reflect the
colour of the Products.
Your Products may vary slightly from those images.
2.2 For extra information in regards to ‘Specifications’ please CLICK HERE
2.3 Although we use reasonable commercial endeavours to provide accurate, up to date information &
specifications for all products shown on our web site, these details are subject to change without
2.4 The packaging of the Products may vary from that shown on images on our site.
2.5 All Products shown on our site are subject to availability. We will inform you by e-mail or contact you
by telephone, as soon as is possible if the product you have ordered is no longer available and where
possible offer a substitute for your consideration.
3. USE OF OUR SITE
Your use of our site is governed by our Use of This Website policy. Please take the time to
read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
which apply to you.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
By purchasing these goods you are confirming that you are above the minimum age.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described.
Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading
Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose
behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement
between you and us. You acknowledge that you have not relied on any statement, promise or
representation made or given by or on behalf of the us which is not set out in these Terms or
any document expressly referred to in them.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our order process allows you to check and amend any errors before submitting your order to us.
Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received
your order. However, please note that this does not mean that your order has been accepted.
Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products
have been dispatched (Dispatch Confirmation). The Contract between us will only be formed
when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or
no longer available or because of an error in the price on our site as referred to in clause 12.5, we
will inform you of this by e-mail or telephone - we will not complete your order. If after discussions
with you no substitute or change is acceptable if you have already paid for the Products, we will
refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract
between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed
and give you notice of this by stating that these Terms have been amended and the relevant
date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer
Protection (Distance Selling Regulations 2000) during the period set out below in clause 9.3.
This means that during the relevant period if you change your mind or for any other reason
you decide you do not want to keep a Product, you can notify us of your decision to cancel the
Contract and receive a refund. Advice about your legal right to cancel the Contract under
these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products or products made to your specification
or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is
when the Contract between us is formed. If the Products have already been delivered to you, you
have a period of 7 (seven) working days in which you may cancel, starting from the day after the
day you receive the Products. Working days means that Saturdays, Sundays or public holidays
are not included in this period.
9.4 To cancel a Contract, please contact our Customer Services telephone line or email us.
The details are on the Contact Us page to advise us. You may wish to keep a copy of your
cancellation notification for your own records. If you send us your cancellation notice by e-mail,
then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us
of your cancellation, then your cancellation is effective from the date you telephone us.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery
charges you paid for. We will process the refund due to you as soon as possible and, in any case,
within 30 calendar days of the day on which you gave us notice of cancellation as described in
clause 9.4. If you returned the Products to us because they were faulty or mis-described, please
see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or
mis-described, we will refund the price of a defective Product in full, any applicable delivery
charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable. If the
Products require collection, we will collect the Products from the address to which
they were delivered. We will contact you to arrange a suitable day for collection;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will
be responsible for the cost of returning the Products to us or, where relevant, the cost of
us collecting the Products from you. We charge carriage for collection of goods at the
prices our carriers charge us. We will notify you of the price prior to arranging collection.
(c) you have a legal obligation to keep the Products in your possession and to take
reasonable care of the Products while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are accessible from
your Dispatch Confirmation.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not
as described. These legal rights are not affected by the returns policy in this clause 9 or
these Terms. Advice about your legal rights is available from your local Citizens' Advice
Bureau or Trading Standards office.
10.1 We will endeavour to fulfill your order within our quoted estimated delivery times set out
in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are
unable to meet the estimated delivery date because of an Event Outside Our Control, we
will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 All orders with a value greater than £75.00 are required to be signed for upon delivery,
if not point 10.4 comes into effect. If you have supplied us with a mobile telephone number
our carriers will text you with an expected delivery time, this will be within a two hour
10.4 If no one is available at your address to take delivery, our carriers will leave you a note that
the Products have been returned to their premises, in which case, please contact the
carriers directly or ourselves to rearrange delivery.
10.5 If no one is available at your address to take delivery and your order does not exceed £75.00
in value it is possible, under most circumstances, to have your goods left without a signature.
During the checkout process you are given the opportunity to add ‘Delivery Conditions’ here
you can add text to advise our couriers where goods can be safely left if you are not in. This
is at the individual driver’s discression and as long as he feels it is safe to do so, the goods
will be left as instructed. Unfortunately we cannot accept any responsibility for goods once
they have been left under these circumstances but we will be able to replace damaged goods
as per our normal terms and conditions.
10.6 The Products will be your responsibility from the completion of delivery.
10.7 You own the Products once we have received payment in full, including all applicable delivery
charges and we have sent you the Dispatch Confirmation.
11. INTERNATIONAL DELIVERY
11.1 We deliver to a number of international destinations (International Delivery Destinations).
However there are restrictions on some Products for certain International Delivery Destinations,
so please check for any relevant information on the appropriate product page before ordering
11.2 If you order Products from our site for delivery to one of the International Delivery Destinations,
your order may be subject to import duties and taxes which are applied when the delivery
reaches that destination. Please note that we have no control over these charges and we
cannot predict their amount.
11.3 You will be responsible for payment of any such import duties and taxes. Please contact your
local customs office for further information before placing your order.
11.4 If you are purchasing from outside of the UK or any recognised destinations that attract out of
area surcharges you are encouraged to contact us prior to placing the order as standard
delivery charges will be initially applied and charged, we will then calculate the actual cost
to get the goods to you and contact you to advise you of the increased cost, over and above
the standard carriage charge already paid. If you accept this extra charge and pay it
accordingly, we will then send your order for picking and despatching. If you do not accept the
increased cost we will then cancel your order and refund any monies taken. The increase in
carriage charge is a true reflection of the carriage charged to us and is passed onto you with
no margin applied.
11.5 You must comply with all applicable laws and regulations of the country for which the Products
are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site at any given time. We take all reasonable
care to ensure that the prices of Products are correct at the time when the relevant information
was entered onto the system. However if we discover an error in the price of Product(s) you ordered,
please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which
we have confirmed with a Dispatch Confirmation.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable
in the UK at any given time. However, if the rate of VAT changes between the date of your order
and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the
Products in full before the change in VAT takes effect.
For extra information in regards to VAT please CLICK HERE
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted
on our site at any given time. To check relevant delivery charges, please refer to our
Postage & Packaging Rates page.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable
efforts, some of the Products on our site may be incorrectly priced. We will normally check
prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge
the lower amount when dispatching the Products to you. However, if the pricing error is
obvious and unmistakeable and could have reasonably been recognised by you as a
mispricing, we do not have to provide the Products to you at the incorrect (lower) price;
(b) if the Product's correct price is higher than the price stated on our site, we will contact
you as soon as possible to inform you of this error and we will give you the option of
continuing to purchase the Product at the correct price or cancelling your order.
We will not complete your order until we have your instructions. If we are unable to
contact you using the contact details you provided during the order process, we will
treat the order as cancelled and notify you in writing and refund any monies received
from you as soon as reasonably possible.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards:
Debit and Credit cards issued by Visa & MasterCard, Maestro Cards.
13.2 Payment for the Products and all applicable delivery charges is in advance.
13.3 For more expansive details on How To Pay please CLICK HERE
14. MANUFACTURER GUARANTEES
14.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the
applicable terms and conditions, please refer to the manufacturer's guarantee provided with
14.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation
to Products that are faulty or not as described. Advice about your legal rights is available from
your local Citizens' Advice Bureau or Trading Standards office.
15. OUR WARRANTY FOR THE PRODUCTS
15.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that
on delivery and for a period of 12 months from delivery, the Products shall be free from
material defects. However, this warranty does not apply in the circumstances
described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) willful damage, abnormal storage or working conditions, accident, negligence by
you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised
(e) any specification provided by you.
15.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products
that are faulty or not as described. Advice about your legal rights is available from your local
Citizens' Advice Bureau or Trading Standards office.
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
16.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and
quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.2 Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise, arising under
or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.3 Subject to clause 16.1 and clause 16.2 , our total liability to you in respect of all other losses
arising under or in connection with the Contract, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.4 Except as expressly stated in these Terms, we do not give any representation, warranties or
undertakings in relation to the Products. Any representation, condition or warranty which might
be implied or incorporated into these Terms by statute, common law or otherwise is excluded to
the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the
Products are suitable for your purposes.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is
a foreseeable result of our breach of these Terms or our negligence, but we are not responsible
for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were
an obvious consequence of our breach or if they were contemplated by you and us at the time
we entered into the Contract.
17.2 We only supply the Products to consumers for domestic and private use. You agree not to use
the product for any commercial, business or re-sale purposes, and we have no liability to
you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979
(description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any
of our obligations under a Contract that is caused by an Event Outside Our Control. An Event
Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including
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.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of
our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Products to you, we will
arrange a new delivery date with you after the Event Outside Our Control is over.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9,
please contact our Customer Services telephone line or e-mail us at
email@example.com . You may wish to keep a copy of your cancellation
notification for your own records. If you send us your cancellation notice by e-mail or by
post, then your cancellation is effective from the date you sent us the e-mail or posted the
letter to us. If you call us to notify us of your cancellation, then your cancellation is
effective from the date you telephone us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by
e-mail to firstname.lastname@example.org or by pre-paid post to
Two Wests & Elliott Limited at Unit 4 Carrwood Road, Sheepbridge Industrial Estate,
Chesterfield, Derbyshire S41 9RH.
You can always contact us using our Customer Services telephone line on 01246 451077.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid
post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be
deemed received and properly served immediately when posted on our website, 24 hours
after an e-mail is sent, or three days after the date of posting of any letter. In proving the
service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case of an e-mail, that such
e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause
shall not apply to the service of any proceedings or other documents in any legal action.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this
will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if
we agree in writing. However if you are a consumer and you have purchased a Product as
a gift, you may transfer the benefit of the our warranty in clause 15 to the recipient of the gift
without needing to ask our consent.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of
its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
However, if you are a consumer, the recipient of your gift of a Product will have the benefit
of our warranty at clause 15, but we and you will not need their consent to cancel or make
any changes to these Terms.
20.4 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.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not
enforce our rights against you, or if we delay in doing so, that will not mean that we have
waived our rights against you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in writing, and that will not
mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means
a Contract for the purchase of Products through our site and any dispute or claim arising out of
or in connection with it will be governed by English law. You and we both agree to that the courts
of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of
Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident
of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract,
and any dispute or claim arising out of or in connection with it or its subject matter or
formation (including non-contractual disputes or claims), will be governed by English
law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.8 For details on the WEEE regulations, please CLICK HERE