These terms and conditions apply to Whiteboard Shop Limited, duly registered in the UK and with registered offices at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
Terms and Conditions for purchase on our website www.WhiteboardShop.co.uk
You may only use this site to browse the content, make legitimate purchases; not for any other purposes, including to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied. Subject to our high standards of quality, we cannot be held responsible for the customer purchasing the wrong type of product.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
1. modify or withdraw, temporarily or permanently, the Website (or any part including any product/s) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change indicates your acceptance of that change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our best reasonable endeavours to maintain the Website. The Website is subject to change from time to time. We will not be liable for, nor will you be eligible to any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to any third party under any circumstances, except by court order. This is in addition to our full compliance with GDPR requirements.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site, personal data and sensitive information as defined in the GDPR will not be used.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties, but not your personal details or information.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. We cannot be held liable, directly or indirectly, for the privacy practices or the content of other websites, save to state that we do our utmost to ensure any third party website or service provider is strictly GDPR compliant and will redact or erase (as applicable) any personal data, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We do encourage you to please notify us by email if any link from our site directs you to unsuitable or unlawful content so that we can investigate and if necessary, discontinue that link.
It is important to note that we will not send your personal data to any third party websites or service providers unless you agree to the same.
Lead time is dependent on stock availability. We will despatch stock as rapidly as possibly to ensure best service to our customers, but we cannot be held liable for any product not being available and use of this site constitutes your consent to indemnify The Whiteboard Shop from any and all liability, howsoever arising, and from direct or consequential damages due to the unavailability or unsuitability of any product.
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence The Whiteboard Shop will contact you via email and provide a revised shipping schedule. On the very odd occasion when an order cannot be despatched timeously for whatever reason, Whiteboard Shop cannot be held liable for any damages as stated in the preceeding paragraph. However, in such an unlikely event, we undertake to refund you and cancel your order immediately if you elect to not proceed with the order.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Please contact our office for more information.
Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
Occasionally packages are returned to us undeliverable. Please see our returns policy below in this regard.
Disclosure of outlet country at time of payment: United Kingdom
Payment Options and Pricing
All transactions will be processed in British Pounds at prevailing interest rates.
The Whiteboard Shop endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping). We pride ourselves on the quality of our products and the convenience provided to our customers.
The Whiteboard Shop reserves the right to change pricing at any time without prior notice due to the nature of our products.
Should The Whiteboard Shop reduce its price on any shipped products within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment.
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online in the “Your Account” section available for use whenever you’re ready! Sorry for the inconvenience.
EFT (Electronic Fund Transfer)
EFT is one of the most widely used ways of transferring money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load The Whiteboard Shop as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
We also accept payment via Paypal accounts.
For more information about how to order, special order requirements and other payment options, please contact our Support Team by email email@example.com
The Whiteboard Shop does not have access to buyer credit card details for the buyer’s security.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to The Whiteboard Shop and accept these terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by The Whiteboard Shop for any civil action or any legal action deemed necessary against me.
Trading Terms and Conditions
Insofar as possible, these trading terms and conditions are to be read with and given effect to in conjunction with the above terms and conditions for purchase on our website www.WhiteboardShop.co.uk
1.1. The “Seller” means Whiteboard Shop Limited
1.2. The “Buyer” is the person or company buying the goods under these terms and conditions.
1.3. The “Goods” means the goods which are to be sold under a contract of sale between the Seller and the Buyer.
1.4. The “Customer” means any person or company buying any of the goods from the Buyer.
2 FORMATION OF CONTRACT
2.1 These Conditions apply to all contracts between the Seller and the Buyer to the exclusion of all other terms and conditions.
2.2 All orders shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions. Acceptance of goods at delivery shall be deemed conclusive evidence of acceptance of these conditions.
2.3 No addition or variation of these conditions shall be binding on the Seller unless expressly agreed to in writing and signed by a director of the Seller on it’s behalf. No other agent or representative of the Seller has any authority to vary or omit these conditions.
3.1 Prices invoiced will be those ruling at the date of despatch of the goods.
3.2 Subject to Clause 3.1 all prices are subject to change without notice.
3.3 Quotations: All quotations and tenders given by the Company shall not be binding until the Company has communicated it’s written acceptance to the buyer.
4 VALUE ADDED TAX
4.1 All prices are quoted exclusive of value added tax which will be charged at the rate in force at the time of despatch of the goods. Until such time as the seller is registered for VAT, buyers shall be charged strictly excluding VAT.
5 TERMS OF PAYMENT
5.1 Payment shall be made in full, without set-off or counter claim strictly prior to delivery, unless by prior written agreement and completion of our credit application. In respect of non-account customer’s pro-forma invoice will be rendered prior to delivery and payment will be due against such invoices.
5.2 In the event of non-payment of any sum due to the seller by the due date, all sums owing to the Seller by the Buyer shall become due.
5.3 The Seller reserves the right to charge interest on unpaid invoices and any other sums due to the Seller and outstanding at a daily rate of 4% per annum above the base rate of Bank of England from the date when payment becomes due until the date when payment is made and interest will accrue after as well as before judgement. The Buyer will reimburse the Seller for all costs and expenses (including legal costs on an indemnity basis) incurred in the collection of any overdue amount.
5.4 Without prejudice to any other rights which the Seller may have in the event of non-payment of any sums outstanding on the due date, the Seller shall have the right to cease supplying other goods ordered by the Buyer from the Seller under this contract or any other.
6.1 Time and dates quoted for delivery are estimates only and the time for delivery of the goods shall not be of the essence. While every effort is made to deliver in line with estimated times indicated on the website, no recourse shall be available in law to the buyer as long as delivery is made within a reasonable time.
6.2 Where delivery is made by instalments, delay in delivering one or more instalments shall not entitle the Buyer to refuse to accept any remaining instalments.
6.3 The Buyer shall not refuse to accept delivery of any consignment or instalment on account of any shortage or defect in any other delivery.
6.4 Delivery takes place when the goods are delivered to the ground floor entrance of the building of the Buyer’s premises unless the Buyer has given the Seller special instructions as to carriage or delivery at the time of placing the order and these have been agreed to by the Seller, in which case, delivery shall take place when the goods are delivered to the order of the Buyer. Any change of delivery address or instructions must be notified in writing.
6.5 The Seller shall not be liable in any way for any losses, damages or expenses (whether direct, indirect or consequential) suffered by the Buyer due to any delay of failure in delivering the goods. It is the buyer’s responsibility to make suitable provision for delivery of any goods in accordance with the seller’s stated delivery period.
6.6 Save where Clause 11.1 applies and without prejudice to any other rights which the Seller may have, where the Buyer does not accept delivery of the goods, for any reason, a transport and administration charge equal to 20% of the nett order value or a minimum of £40.00 shall be payable by the Buyer to the Seller. In respect of bespoke or non-stock Goods the full invoice price will be payable.
7 SHORT DELIVERY/WRONG PRODUCT DELIVERED/NON-DELIVERY
7.1 No claims for shortage or incorrect delivery made by the seller can be entertained unless the seller is notified within 7 days in writing. In the absence of such notification the buyer will be deemed to have accepted the goods and payment in full will become due in accordance with the terms of clause 5.
7.2 No claims for non-delivery shall be made unless the Seller is notified in writing within 28 days of the date of the invoice. In the absence of such notification, the Seller shall be deemed to have delivered the goods and payment in full becomes due in accordance with Clause 5.
8 DAMAGE IN TRANSIT
8.1 Goods damaged in transit must be reported to the Seller within 24 hours unless signed for as Damaged on Receipt in which case the damage must be reported within 28 days. Any damaged goods must be retained (including wrappings,cartons,etc.) for inspection.
8.2 In the event that the delivery note was signed but not marked “damaged on receipt” the Seller cannot be held responsible for damage in transit.
9 RETURN OF GOODS
9.1 Goods cannot be accepted for return without the prior consent of the Seller; which will be given at the sellers discretion. Subject to clause 11.1,customized or non stock good shall not under any circumstances be accepted for return. For the avoidance of doubt non stock goods are depicted in our paper and on-line catalogue by having green or blue part numbers.
9.2 A handling charge of 20% of net order value or a minimum of £40 will be made on all goods(other than customized or non-stock goods) returned save when clause 11.1 applies. The invoice price in respect of bespoke or non stock goods shall be payable notwithstanding any such return.
9.3 Any goods returned in accordance with the clause 9 must be in pristine condition, unused and in their original packaging. Failure to meet these requirements will result in being returned to the buyer and payment in full will become due in accordance with the terms of clause 5.
9.4 All goods must be returned to either our Rushden or Kendal sites by suitable transport. This must be a door to door service and not a parcel carrier. We will quote a collection charge if you are unable to provide suitable transport.
9.5 Risk in any goods to be returned remains with the Buyer until the goods are delivered to the Seller or until the Seller collects such goods.
10 CANCELLATION AND TERMINATION
10.1 Orders of goods may be cancelled or deferred on 7 working days notice in writing prior to the delivery date in respect of those Goods. The Seller reserves the right to charge for any exceptional costs incurred as a result of such cancellation.
10.2 In the case of orders for customised or non-stock Goods, the Buyer may cancel the order but shall pay to the Seller all costs incurred by the Seller in respect of those Goods.
10.3 Without prejudice to any obligation of the Buyer under clause 14.4 should any of the events in clause 14.2.1, 14.3, 14.4.1 occur the Seller may without prejudice to any of it’s rights arising out of this contract terminate the contract forthwith.
11 QUALITY OF GOODS
11.1 Subject to the provision of Clause 7 and 8, if the Buyer proves to the Seller’s reasonable satisfaction that the Goods are not in accordance with the order or are defective by reason of faulty material or workmanship which is due to the act or omission of the Seller, the Seller, at its option, may either repair or replace the Goods or the defective part thereof or issue a credit note. These provisions do not apply to any defect due to normal wear and tear.
11.2 Save as expressly provided, all warranties and conditions relating to quality, fitness for purpose or compliance with description (whether implied by statute or otherwise) are hereby excluded to the extent permitted by law PROVIDED THAT (save as provided in Clause 15 below) nothing in these conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller and FURTHER PROVIDED THAT this clause shall not deprive a Buyer who is dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his or her statutory rights.
11.3 Subject to Clause 11.2 the Seller’s liability to the Buyer shall not in any event exceed the invoice price of the Goods and the Seller shall not be liable for any indirect or consequential loss suffered.
12 INABILITY TO SUPPLY
12.1 Without prejudice to any other conditions hereof should the manufacture or supply or despatch of the whole or any part of the Goods be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Seller’s control the Seller shall be entitled to postpone or suspend any delivery or deliveries until (in the Seller’s reasonable judgement) any such cause has ceased to operate. The Seller shall be under no liability whatsoever in respect of such postponement or suspension.12.2 If delivery is delayed for more than three months the Seller has the option of cancelling the contract and refunding any payment made by the Buyer.
12.3 Without prejudice to the generality of theforegoing, the causes referred to in sub-clause 12.1shall include war, fire, accident, breakdown of plant or machinery, industrial action, dispute (including strikes and lockouts), unavailability of and restrictions on supplies, non-delivery or delay in delivery of any materials or other circumstances (of whatsoever nature and not limited to the foregoing) which directly or indirectly interrupt or hinder the due performance of the contract.
13 PRODUCT CHANGES
13.1 The Seller may alter specifications and the product range and substitute items and change the price list without prior notice.
13.2 Drawings, specification, product finishes and colour shades in Seller’s literature and advertisements are approximate only and do not constitute a trade description.
14.1 Risk in the Goods shall pass to the Buyer on delivery and the Buyer shall insure Goods with a reputable insurance company against all risks for their full value from that time.
14.2 Notwithstanding the provisions of Clause 14.1 property and ownership in the Goods shall not pass from the Seller until:-
14.2.1 The Seller has received in cash or cleared funds, payment in full for the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due (for the purpose of this provision payment shall be deemed to be due on delivery)
14.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of business, but shall account to the supplier for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds, properly stored, protected
and insured. The Buyer shall have a fiduciary duty to account to the Seller for such proceeds to the extent of it’s indebtedness to the Seller.
14.4 At any time prior to the property in the Goods passing to the Buyer, in the event of:
14.4.1 The Buyer’s insolvency.
14.4.2 any breach by the Buyer of these conditions, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller or their agents and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
14.5 Should any event listed in clause 14.4 occur, the Buyer’s right to sell and to use the Goods shall immediately cease.
14.6 The Buyer shall not charge, mortgage, create a lien upon the Goods or permit the creation thereof or assign it’s rights in respect of the goods.
14.7 Each clause and sub-clause of this clause is separate, severable and distinct.
15.1 The contract shall be governed by and construed in accordance with English law and the parties hereto submit to the non-exclusive jurisdiction of the English courts.
15.2 The Seller may enter into sub-contracts for the manufacture or the supply of the whole or any part of the Goods.
15.3 Waiver by the Seller of any of it’s rights hereunder or the giving of time to the Buyer shall not affect the Seller’s rights arising on any subsequent or other breach by the Buyer.
15.4 Any legal notice sent by the Seller will be deemed to have been served provided it is sent by 1st class post to the Buyer’s last known business address. Notices sent by post shall be deemed to be served two working days after the date of posting.
15.5 Any provisions hereof which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect the other provisions hereof.