"Buyer" means the individual or organisation that buys or agrees to buy the Goods from the Seller;
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" means the articles that the Buyer agrees to buy from the Seller;
“Seller" means www.warpfivefans.com of Acorn House, 15 Port Road, Dawlish, EX7 0NY.
"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
PRICE AND PAYMENT
The Price of the Goods shall be that stipulated by the Seller via Website, email or telephone.
After the order is received the Seller shall confirm the details, description and price for the Goods.
Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
RIGHTS OF SELLER
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
AGE OF CONSENT
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
If the Buyer returns the goods for servicing using the website booking form, the Buyer must comply with the service conditions stipulated. Servicing does not apply to goods that are (1) damaged by accidents, abusive use, negligence, fire, liquid contact or other external cause, (2) damaged as a consequence of failing to comply with the Warpfive Stove Fan user manual or other published guidelines, (3) damaged by use with another product, (4) damaged from servicing by anyone who is not a Warpfive Stove Fan representative.
Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order.
Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order.
Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
If the Buyer is based outside the United Kingdom, import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt, may be payable. The Buyer must comply with all laws and regulations of the country in which the Goods are received.
Any additional charges for customs clearance must be borne by the Buyer; the Seller has no control over these charges and cannot predict what they may be. If the Buyer is unsure what charges might apply, the Buyer should contact the local tax or customs office for further information.
CANCELLATION AND RETURN
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller via e-mail, writing or telephone within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund for the Goods. The Buyer is responsible for the return postage. A small handling fee may be charged.
If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller via e-mail, writing or telephone within 7 working days of receipt of the Goods.
Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
If the Goods have been dispatched as ordered, but are no longer required by the Buyer, then they may be returned at the Buyer's cost. Returned items must still be unused and have their original packaging and labelling. A small handling fee will be charged.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Warpfive International shall not be liable for:
Any loss, claim, liability or damage of whatsoever nature and howsoever arising; Any claim, loss, liability or damage incurred by any third party arising from use of the Warpfive Stove Fans, including but not limited to any defects or malfunction of any nature in the Warpfive Stove Fans; and any consequential, special or indirect loss or damages.
The Buyer hereby indemnifies and holds the Seller harmless against:
Any obligation other than the obligation to repair or replace defective parts at the Seller’s sole discretion; Consequential loss of any nature; and Liability for any death, injury or damage to any person or property arising directly or indirectly from any of the Warpfive products or their use.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.