Website Sales Terms and Conditions
This document states the standard Terms and Conditions that apply to the sale of all Goods by us, 2B-Wired a trading name of 2B Heard Ltd, a company registered in England and Wales under number 09672716, whose registered address is 5 Doolittle Yard, Froghall Road, Ampthill, Beds, United Kingdom, MK45 2NW (“we/us/our”).
These Terms and Conditions are not intended for the sale of Goods to Consumers, as defined in the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 3;
“Customer” means you, the individual placing an Order with us;
“Goods” means the cables or other ancillary products which are to be supplied by us to you as specified in your Order (and confirmed in our Order Acknowledgement);
“Order” means your order for the Goods;
“Order Acknowledgement” means our acceptance and Acknowledgement of your Order as described in clause 3; and
“Website” means www.2B-Wired.com.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
2. Access to and Use of Our Website
2.1 Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
2.2 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
3. The Contract
3.1 These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.
3.2 Our Website will give you the opportunity to either checkout as a guest, register or if already registered, login.
3.3 Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it, ticking the box to say ‘I have read and understood the terms & conditions’ and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
3.4 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.
3.5 Upon receipt of your Order, we will send an Order Acknowledgement to you by email; this is NOT contractual acceptance of our ability to provide this product, it is an acknowledgement that we have received your offer, and should the Goods be available as detailed on our Website then you have entered into a legally binding agreement to purchase the Goods.
3.6 Once we have received confirmation that the Goods are available and payment has been authorised, we will contact you via email to let you know that your order has been processed for delivery.
3.7 Our acceptance is indicated by us sending you a Delivery Confirmation by email. Only once we have sent you a Delivery Confirmation will there be a legally binding Contract between you and us. Delivery Confirmations will be provided in writing and will contain the following information:
3.7.1 Confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
3.7.2 An Order number to be used in any future correspondence
3.7.3 Our identity and contact details;
3.7.4 The estimated delivery date(s) and time(s), where applicable.
3.8 It is your responsibility to provide the correct email address upon placing an order. We cannot take responsibility for the non-delivery of an acknowledgement or dispatch email should your email address be incorrect.
3.9 If we, for any reason, do not accept or cannot fulfil your Order, If we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
3.10 Once your Order has been accepted as detailed in clause 3.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
4. Description and Specification of Goods
4.1 We have made every reasonable effort to ensure that the Goods and Services conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate. Please note in particular that certain colours when displayed on your computer, phone or tablet may look different to the actual colour of the Goods.
4.2 The Goods are available at a fixed price per metre and minimum order quantity applies.
4.3 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
4.4 We neither represent nor warrant that particular Goods will be available. Stock indications are not provided on our Website. If the Goods are not available, and the waiting time is not convenient for you, the provisions of clause 3.9 will apply.
5. Price and Payment
5.1 The price of the Goods will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
5.2 All Goods are priced in pounds sterling (GDP) and exclude delivery charges where applicable which will be applied at checkout before you complete your order.
5.3 We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or
are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.4 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Acknowledgement, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
5.5 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
5.6 Delivery charges are not included in the price of the Goods on our Website. Delivery options and any related charges will be presented to you as part of the Order process, where applicable. Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
5.7 From time to time we may send promotional codes to our customers via email. These promotional codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.
5.8 Promotional codes have no monetary value and must not be sold or transferred to anyone else.
5.9 Promotional codes cannot be used in conjunction with any other offer.
5.10 All payments made via the Website will go through a secure payment gateway. We accept Visa Credit, Visa Debt, American Express and MasterCard. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to third parties’ terms and conditions. A separate contractual relationship is created between you and them and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5.11 Payment for the Goods (and all applicable delivery charges where applicable) shall be made by you in advance at the time of Order.
5.12 We do not accept liability if delivery of Goods is delayed because you have provided us with incorrect payment or delivery details.
5.13 If it is not possible to obtain payment for the Goods using the payment details you have provide, your order will be rejected.
6.1 All Goods purchased through our Website will normally be despatched within 1 working day after the date of our Delivery confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control - see clause 12).
6.2 UK customers who have placed an Order may be required to sign for the Goods if you have chosen the sign for option. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
6.3 It is your responsibility to provide us with full and correct delivery address details. If your package is returned to us due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address
6.4 If no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place nominated by you, the courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
6.5 As per the courier’s terms if you do not collect the Goods or rearrange delivery within the time frame stipulated, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
6.6 In the unlikely event that we fail to deliver the Goods within 30 calendar days of our Order Acknowledgement (or as otherwise agreed or specified as under clause 6.1), you may treat the Contract as being at an end immediately if:
6.6.1 We have refused to deliver your Goods; or
6.6.2 In light of all relevant circumstances, delivery within that time period was essential; or
6.6.3 You told us when ordering the Goods that delivery within that time period was essential.
6.7 If you do not wish to cancel under clause 6.6 or none of those 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.
6.8 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
6.9 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 6.8, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any applicable delivery charges).
7. Business Customers Only - Cancellation
7.1 No Order which has been accepted by us may be cancelled by a business Customer except with our agreement in writing on the terms that the Customer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of such cancellation.
7.2 If, on delivery, you are not satisfied with the Goods and wish to return them, you may do so only provided:
7.2.1 you inspect the Goods on delivery. Where the Goods cannot be examined the delivery note or such other note as appropriate shall be marked “not examined”.
7.2.2 you inform us that you wish to return the Goods within 72 hours of delivery;
7.2.3 the Goods remain in their original condition (as delivered);
7.2.4 the Goods are returned at your risk and you agree to bear the cost of delivery to us; and
7.2.5 you indemnify us against any cost incurred by us in rectifying any deterioration of the Goods caused by incorrect storage or use while in your possession.
7.3 If, on receipt, the Goods are proven by us to be damaged or defective, and you
comply with clause 7.2 above, we may refund the cost of delivery at our discretion where applicable.
7.4 All Goods must be returned to us under this clause 7 in their original condition, in their original, un-opened packaging and accompanied by proof of purchase.
7.5 Replacement of the Goods (or the defective part thereof), or any credit or refund offered at our discretion, shall be issued to you only upon the receipt of the Goods in accordance with this clause 7.
7.6 If you require an advance replacement and we agree to this, you will be required to pay for the advance replacement up front and we will credit or refund this to you only once we receive the original Goods, provided we have confirmed the Goods were damaged or defective. The original Goods must be returned to us within 30 days. In sending an advance replacement, we are not admitting any liability for any defect or otherwise.
8. Cancellations by Us
8.1 We may cancel your Order at any time before we despatch the Goods to you, if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or If an event outside of our control occurs (please see clause 12 for events outside of our control).
8.2 If we cancel your Order and you have already paid for the Goods under clause 5, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
9. Intellectual Property Rights
9.1 All content on the Website including, but not limited to, text, graphics, logos, icons, sound and video clips, data, page layout, underlying code and software is our property. By using the Website you acknowledge that such content is protected by applicable intellectual property laws.
9.2 You may not download, copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the paid content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
10. Our Liability
10.1 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Subject to sub-clauses 10.1 and 10.2:
10.3.1 We shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to improper conditions, failure to follow our instructions (whether given orally or in writing), misuse, attempted repair or alteration of the Goods without our prior approval, or any other breach of these conditions or act or omission on the part of the Customer, its employees or agents or any third party;
10.3.2 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price; and
10.3.3 we shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer where applicable. More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure): 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: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, infectious diseases, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
12. Communication, Complaints and Feedback
12.1 If you wish to contact us in writing, please use the contact form on our Website or email email@example.com.
12.2 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. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and General Data Protection Regulations 2016 and your rights under that Act.
13.2 We may use your personal information to provide our Goods and services to you, process your payment for the Goods, send our newsletter to you; and/or inform you of new Goods available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
14. Other Important Terms
14.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
14.3 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 and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
14.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
14.6 These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.