Terms and conditions

Important

By accessing these Sites, you agree to these terms and conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this Sites.

Rights Granted / Rights Reserved

The Content is for your personal use only and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.

Definitions

"You" means the user of the Sites, "we", "us" and "our" means Willis and Grabham and all of its associated and subsidiary companies, "Sites" means the Sites on the World Wide Web located at www.willisandgrabham.co.uk, and "Content" means the information and other material available within these Sites.

Availability Of The Web Sites

You acknowledge that it is technically impossible to provide the Sites free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Sites; and that the operation of the Sites may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Sites at any time.

No Warranty

The Sites and the Content is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Sites or the Content, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.

Liability

In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Sites or your use of or reliance upon the Content or any information you obtain by means of the Sites whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.

Your statutory rights in relation to any goods or services purchased through the Sites are not affected.

We consider e-mail transmitted via our service to be the private correspondence between the sender and the recipient. We will not monitor, edit, or disclose the contents of a user's private communications. We will not disclose to a third party, nor use for any purposes, e-mail addresses that have been entered by a user in the 'Address Book', 'Guest List' or 'E-mail a friend' sections. The exceptions being that we may do so;

• as required by law to comply with legal process;

• if necessary to enforce Companies' Terms and Conditions;

• to respond to claims that such contents violate the rights of third parties;

• to protect the rights or property of Willis and Grabham, or others; and

• to identify or resolve technical problems or respond to complaints about the service.

We reserve the right at all times, for any reason, to withdraw any of the services offered in our Community forums to any user.

You agree and understand that Willis and Grabham will not be liable in any way for content or messages created by users.

If you have a complaint about the use by any other user of any Community forum, please email us at [email protected]

Intellectual Property And Use Of Software

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors.

Your use of any software that is made available to download from the Sites or via any hyperlink contained on the Sites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You may not install, copy or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the terms of such Licence Agreement.

Security

You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Sites and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate.

We reserve the right to suspend user name and password access to the Sites and the Services if at any time we consider that there is or is likely to be a breach of security.

We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the immediately Sites.

You must inform us of any changes to the information you supplied when registering for the Sites.

Personal Information Policy

We explicitly ask when we need information that personally identifies you ("Personal Information"). For example, if you wish to register as a member of the Sites, we ask you for your name and email address. We provide your Personal Information to necessary third-parties from whom you purchase products or services through the Sites and to the sponsors of any competitions on the Sites in which you participate. We also use your Personal Information to operate the Sites and to keep you up to date with new features of the Sites.

We may, occasionally, use your Personal Information to inform you of new services, and products from us. We may also provide your Personal Information to carefully selected third parties. If you do not wish to receive such information from us or directly from other suppliers, you may inform us by indicating on the member registration page that you do not desire to obtain any promotional material, or notify us by email to [email protected]

To make sure that your Personal Information for your member registration is correct and up-to-date, you should review and update your personal information regularly. You may also require us to delete the Personal Information we hold about you and if you wish us to do so, please notify us by email [email protected]

If at any time you believe that we have not adhered to these principles, please notify us by email to [email protected] and we will use all commercially reasonable efforts to determine and correct the problem promptly. Willis and Grabham is registered under the Data Protection Act.

Purchase Of Goods Or Services From Third Parties

We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Sites are being offered for sale by us or by a third party. Goods are offered by a third party ("Third Party Goods") where:

• the Sites contains a link to a third party Sites where you may choose to purchase any goods or services offered for sale on that Sites (whether or not such goods or services are advertised on the Sites); or

• you may make an enquiry with us regarding goods or services offered by any third party, we then pass that enquiry on to the relevant third party or you contact that third party yourself, and you may subsequently decide to purchase such goods or services.

Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services.

You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Sites shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

Terms Of Purchase Of Good Or Services From Willis and Grabham

All orders for goods ("Goods") and on-line or offline pay-services ("Services") (together "Products") from a buyer ("you") accepted by Willis and Grabham ("we/us") on or through the www.willisandgrabham.co.uk web Sites ("Sites") which are not goods or services offered for sale by a third party are subject exclusively and strictly to the following terms and conditions ("Purchase Terms") (which, in the event of a conflict, take priority over the terms and conditions of use of the Sites):

Price And Delivery Of Products

• The price of the Products shall be the price quoted on the Sites or the Order Brochure (which we can change in the case of an error). Payment details must be provided by you on the date that we accept your order.

• In respect of Goods only: the delivery of Goods shall be subject to payment by you of the delivery charges specified on the Sites, which may be changed by us at our discretion.

• You confirm that you have given us the correct billing address of your credit/debit card and, in respect of Goods and if different to the billing address, that you have also notified us of the correct delivery address.

• All Goods are delivered depending on size/weight either by carrier or Royal Mail, delivery being Monday to Friday. To ensure that you have received your Goods, we will request a signature for proof of delivery, therefore please select a delivery address most convenient to you. We will notify you either if there will be a delay or if the item is no longer available. If the item is no longer available, we reserve the right to offer you an alternative similar in price and quantity.

• Please note that delivery charges may vary according to goods purchased or type of delivery service (eg. express or overseas) required. 

Value Added Tax (VAT)

Prices displayed on goods include VAT (where applicable). For UK (including Northern Ireland and Isle of Man but excluding the Republic of Ireland and the Channel Islands) and all EEC member states VAT is charged on any goods you purchase (currently at 20%). For the rest of the world (including the Republic of Ireland and the Channel Islands), NO UK VAT is charged if the goods purchased are delivered outside the UK but please be aware you may be subject to the charges of that particular country.

Payment

• Payment can be made by Mastercard, Visa,Delta, Visa Electron JCB, Visa Purchasing, Solo and Switch.

• You confirm that the credit/debit card that is being used is yours.

• We also accept payment by cheque, however the goods cannot be dispatched until the cheque has been cleared. Please send the cheque with your address and cheque card number on the back to: Willis and Grabham, 

• You may also order by telephone, by calling 01823 400936 Monday to Friday during normal office hours. Please have to hand the details of the goods you wish to purchase and the method of payment.

• We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Sites.

Risk And Property

The provisions in this Clause 3 relate only to Goods.

• Once the Goods have been received by you, all risk of damage to, or loss of, the Goods shall pass to you.

• Irrespective of delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of the Goods and all other Goods agreed to be sold by us to you for which payment is then due. Until such time as the ownership of the Goods passes to you, we shall be entitled to ask you to return the Goods to us.

Warranties And Replacements

The following relate only to Goods:

• Subject as set out below, the Goods are sold with the benefit of and subject to the terms applicable to such warranty as is given by the manufacturer of the Goods.

• There shall be no liability under any such warranty or guarantee if the total price for the Goods has not been paid by the due date for payment.

• If a valid warranty claim is made within 30 days of purchase of new Goods we will satisfy in full our liability to you by either replacing the Goods free of charge; or refunding to you the price you paid for the Goods if the exact same item is not in stock.

The following relate to Products:

• Some of the information contained on the Sites relating to the Products is provided to us by third parties and accordingly, no warranty is given by us as to the accuracy of such information.

• Other than as expressly provided in these Terms & Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations), we exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Products, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.

• Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations) your statutory rights are not affected by these Purchase Terms ie. if the Goods are faulty or not what you ordered, in this case please provide a full description of the fault and return the defective item in it's original box (if any), and return to Willis and Grabham, with all receipts, warranties, licences, manual and accessories. In these circumstances we will pay for the reasonable delivery of goods.

Exchange / Refund

The provisions in this Clause 5 relate only to Goods:

• Goods once sold, cannot be exchanged without valid reason. We reserve the right to refund less 25% of the value of specially manufactured goods. All discrepancies must be notified in writing within 7 days or no responsibility would be accepted. All goods must be returned for credit. Title to the goods remains with the seller until payment is made. Postage/carriage is not refundable. The refund will be in the form of the original method of payment. However, you will be responsible for the cost of returning the Goods to us. Please send the Goods to, Willis and Grabham, west ritherdons,langford budville, wellington somerset ta21orl,
• If you change your mind on your purchase and return for an exchange we will charge a carridge charge to return your new product. 

• This right to return Goods does not apply to: (i) Specially manufactured goods (ii) perishable goods such as food, cameras or flowers (unless received too late).

• In order to offer such low prices on disposable cameras we limit our liability to those either lost or damaged to the replacement value of the camera or film.

• We are fully compliant with the Consumer Protection (Distance Selling) Act, which provides for a 7 day 'cooling off' period after an order is placed, during which time goods may be cancelled or returned (as long as they are unused and in their original packaging).

• Please also note that our returns policy does not affect your statutory rights as customer, ie. if the gifts are faulty or not what you ordered. In this case please provide, in writing, a full description of the fault and return the defective item in its original packaging/box (if any) to the address above with all receipts, warranties, licences, manuals and accessories. In these circumstances we will pay for the reasonable delivery of the goods. When returning large items or other made to order items you must contact us on 01823 400936 prior to returning the items to agree a method and date for return.

Liability

• Nothing in these Purchase Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

• Our liability in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Purchase Terms or the performance or observance of our obligations under these Purchase Terms, and every applicable part of it shall be limited in aggregate to all sums paid by you to us.

• In any event, we shall not be liable to you under, or in connection with these Purchase Terms in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent representations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential economic loss whatsoever.

• Each provision of this Clause 6 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of our agreement.

Data Protection

Our Personal Information Policy applies.

General

• These Purchase Terms shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.

• Each of the Clauses of these Purchase Terms shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

Modification Of These Terms And Conditions

We reserve the right to change these terms and conditions from time to time. By continuing to use the Sites following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Sites.

General

These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts.

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision