TERMS & CONDITIONS
“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.
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.
Rights of the 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.
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, merchant ability 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.
Goods supplied within the UK will normally be delivered via UPS or DPD within 5 working days of acceptance of order. Goods supplied outside the UK will normally be delivered via UPS, Fedex or DPD 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.
Vouchers are subject to these Terms and Conditions and any terms and conditions notified to you at the time of issuance. The promotional code detailed on the voucher may be input on the Website to qualify for certain promotions. A promotional voucher is redeemed by entering its code at the appropriate point in the purchase process on the Website. The Seller reserves the right to withdraw or cancel a promotional voucher for any reason at any time. Promotional vouchers cannot be exchanged for cash. Unless expressly stated at the time of issue, each promotional voucher will be valid for use by the recipient only and by such recipient only once. It may not be used in conjunction with any other promotion. Promotional vouchers may only be used on the Website. From time to time certain products may be excluded from promotional voucher offers and any such exclusion will be notified to the Buyer along with the promotional voucher. Promotional vouchers may be limited to redemption in respect of certain products or certain products may be excluded from the ambit of use of the promotional voucher. In such instances notice will be given to the Buyer at the time of issue of the promotional voucher. Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount. No promotional voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, without our prior written permission. When the Buyer uses a promotional voucher, the Buyer warrants to be the duly authorised recipient of the promotional voucher and uses it in good faith. If the Buyer redeems, attempt to redeem or encourages the redemption of promotional vouchers to obtain discounts to which the Buyer or a third party are not entitled, the Buyer may be committing a civil or criminal offence. If the Seller reasonably believes that any promotional voucher is being used unlawfully or illegally, the Seller may reject or cancel any promotional voucher and the Buyer agrees that there will be no claim against the Seller in respect of any rejection or cancellation. The Seller reserves the right to take any further action it deems appropriate in such instances. If the Seller refuses a promotional voucher submitted as part of an order, for any reason, the Buyer will be informed before the order is dispatched to advise of the correct cost of the order and to give the Buyer the opportunity to cancel the order.
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.
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.
Price & 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.
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.
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 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 Fan representative.
If the Buyer is based outside the United Kingdom or the European Union, 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 & return
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 email, writing or telephone within 7 working days of receipt of the Goods (a 20% restocking fee may apply). If the Seller ends the contract in the situations set out under Ordering, the Seller will refund any money paid in advance for products not provided, however the Seller may deduct or charge reasonable compensation for the net costs incurred as a result of Buyer cancellation. Where a claim of defect or damage is made the Buyer shall inform the Seller via email, writing or telephone with 7 working days of receipt of the Goods. The Buyer shall return the goods and receive a refund for reasonable postage costs (postage costs will only be refunded for damaged items). The Buyer shall be entitled to a full refund for the Goods if returned to the Seller within 30 days of receipt of the original order and if the Goods are returned complete with original packaging plus all associated parts. The Buyer is responsible for returning the Goods and for all return delivery charges. The Goods should be adequately insured by the Buyer during the return journey. 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. 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.
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.
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.
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.
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 Fans, including but not limited to any defects or malfunction of any nature in the Warpfive 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.
Changes to terms & 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.