Terms and Conditions
Henry Winning & Co Ltd ("the Seller")
Terms and Conditions of Sale
In these terms and conditions:
a) The "seller" means Henry Winning & Co Ltd
b) The "buyer" means any person or company who buys or has agreed to buy Goods from the Seller.
c) The 'Goods' means goods provided by the Seller in accordance with the Seller's standard Terms and Conditions of sale.
The purchase of products through this web site is governed by these terms and conditions. By accessing the site you agree to be bound by these terms and conditions.
1. The information contained within this web site and online store are, to the best of our knowledge, correct at the time of publishing. Whilst every effort is made to ensure the prices and details are accurate Henry Winning & Co reserves the right to change, modify, substitute or remove without notice any information on this site.
2. All goods must be paid for with the order, unless prior arrangements have been made. We reserve the right to refuse delivery if payment is not made. All goods remain the property of Henry Winning & Co until payment is made in full. All rights including without limitation copyright, design and trademark rights in the website are owned by Henry Winning & Co.
3. The products supplied from this web site are supplied by Henry Winning & Co. Henry Winning & Co. is a limited company and registered in Scotland (Reg: Number SC170250 ), the registered office address is: 16 -18 Caroline Street, Parkhead, Glasgow, G31 5DD.
4. All prices, where relevant, are Exclusive of VAT (unless otherwise stated). – Henry Winning & Co Ltd VAT registration number is 260 4983 50.
5. All orders are subject to acceptance by Henry Winning & Co Ltd . In the unlikely event that products are unavailable, or where there have been errors in pricing, we may have to decline an order. In this case we will advise you as soon as possible and ask for your instructions. We will not debit your credit card or charge card, or process any other method of payment until an order has been accepted.
6. Neither you nor Henry Winning & Co. Ltd will be liable for any delay or failure to perform our respective obligations under this contract due to any cause beyond our reasonable control including without limitation any act of God, strike, lock out, trade dispute, traffic accident or any act or omission of any government or regulatory authority.
7. This does not affect your statutory rights as a consumer.
8. These terms and conditions and all disclaimers and other material on our website shall be governed by and construed in accordance with Scottish law and any disputes shall be referred to the exclusive jurisdiction of the Scottish courts.
9 . Delivery
All dispatch dates are estimated and are not guaranteed and do not form a term of this contract. Whilst every endeavour will be made to comply with these dates, the Seller shall have no liability whatsoever for delay in dispatch or delivery, or for any loss occasioned thereby. Late delivery does not entitle Buyer to cancel order. Any shortages in delivery must be notified in writing to the Seller within three days.
10. Damage or loss in transit
Goods are shipped via Royal Mail or on an overnight courier service, all goods include insurance cover against loss and damage during transit. Once the goods have been received and signed for, this insurance cover is no longer effective, responsibility is then passed to the signatory. Any Damage to received goods should be notified in writing within three days of receipt.
i) The liability of the seller is strictly limited to the replacement, repair or credit to the invoiced value of the defective items at the discretion of the seller. The seller's maximum liability under or arising from this agreement shall be limited to a sum equivalent to the invoice price of the goods. The seller shall not be liable for any claim, whether arising in contract, tort or otherwise for the consequential, economic, special or other indirect loss. The buyer accepts that the limitations and exclusions set out herein are reasonable having regard to all the circumstances including, without limitation, the price of the goods.
ii) Except otherwise provided in this agreement, all warranties, representations, terms and conditions, whether express or implied, written or oral, are hereby expressly excluded to the fullest extent permitted by law.
Unless otherwise stated. The goods have a warranty for 30 days from the date of purchase against faulty materials or workmanship. During this period the Seller will at the Seller's option either refund the price of such Goods or replace or repair such Goods provided that: i) the Buyer shall have notified the Seller in writing of the fault or defect in the Goods, and shall have returned the faulty or defective Goods to the Seller for inspection in accordance with the returns procedure in section (12) herein, ii) the product has not been misused or handled carelessly, the product is certified by the company as being defective. iii) The product was purchased by the buyer. Goods supplied with a manufacturer warranty are subject to the manufacturers warranty terms and conditions.
Goods supplied to the Buyer by the Seller must not to be used in any medical or life critical applications by the Buyer or any other third party, without confirmation in writing by the Seller. All other warranties, conditions and statements expressed or implied, statutory or otherwise are excluded. Subject to the aforesaid the Seller shall be under no liability in contract or in tort for any loss, damage, death or injury arising directly or indirectly out of the supply, use or misuse of the Goods, to the Buyer or any other third party.
Unless otherwise stated any prices quoted by the Seller are: (I) exclusive of value added tax and any other taxes and duties, (ii) exclusive of carriage, and insurance. The Seller shall charge extra in respect of these items. Prices to the Buyer are subject to change without notice after the date of Sellers acceptance of Buyer's order where Seller has incurred increased costs due to currency exchange rate change, import duty change, increased freight charges, increased prices from supplier or surcharges. Where agreed call-off's are not adhered to by the Buyer. The Seller reserves the right to amend the price structure in accordance with the quantities delivered. In any event the Seller retains the right to invoice at the price ruling at the time of delivery. The Seller reserves the right to amend prices to correct errors or omissions.
The credit terms (if offered) are 30 days net from the date of invoice. Cash on delivery payments must be paid on delivery or within one day. Where payment is not made in accordance with the terms above hereof, the Buyer shall pay interest on any unpaid amounts calculated at 3% above Lloyds Bank PLC's base rate for the time being in force calculated on a daily basis. The Seller reserves the right to suspend deliveries where payment is not received in accordance with these Terms and Conditions of Sale. The Seller reserves the right at the Seller's complete discretion to refuse to establish a credit account for any Buyer, to refuse credit to an Buyer notwithstanding that a credit account may already have been established, and to withdraw credit account facilities. Without prejudice to the Sellers other rights. The seller reserves the right to charge £20.00 for all unpaid items either returned or represented at the company's bank. Any outstanding account will become immediately due for payment.
Prices, Price lists and Quotations
Prices, Price lists and quotations made are subject to these terms and conditions. The prices shown in our catalogues and price lists are those ruling at the time of printing and are therefore subject to alteration without notice. Goods will be invoiced at prices ruling at the time of delivery.
At the Seller's discretion, ownership of the Goods may not pass from the Seller to the buyer until the Buyer as made a payment in full thereof, (and any other moneys owing to the Seller). If payment is not made in accordance with these Terms and Conditions of Sale. The Seller shall have the right (without prejudice to the obligation of the Buyer to purchase the Goods, and to any other remedy that may be available to the Seller) to retake possession of goods not fully paid for, and to go up on any premises occupied by the Buyer, the Company and its employees may enter any building or land which the goods are situated.
Cancellations and Re-schedules
The buyer has seven days to change their mind without penalty.
12. Returns Procedure
If any Goods are or become defective in accordance with section (11) herein. The Buyer must obtain a RMA (Return Merchandise Authority) number from the Seller. The RMA number will be valid for a period of seven days from the date of issue by the Seller. The Seller reserves the right to refuse delivery of Goods after this period. The Buyer may have to bear any losses due to price erosion or obsolescence if Goods are returned after the seven days. Any Goods returned must have the RMA number marked clearly on the package and must be returned in original packaging or equivalent. The Seller reserves the right to refuse delivery of any Goods returned without an RMA number.
Errors and Descriptions
Every effort will be made by the Seller to ensure accuracy of any technical data or literature made available in relation to the Goods. The Seller accepts no liability for any damage or injury arising from any errors or omissions in such technical data to the Buyer or any third party. No contract can be invalidated due to printing or clerical errors. Any descriptions of Goods are for guidance only and shall not constitute the contract 'sale by description'.
Termination of liability
The Seller shall be relieved of all liability for obligations incurred to the Buyer and any other third party. Whenever, and to which the fulfilment of such obligation is prevented, frustrated or impeded in consequence of any statue, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war, force major or any other cause beyond the control of the Seller. Including but not limited to causes arising from acts or omissions of the Buyer.
Alteration of Terms and Conditions
These Terms and Conditions of Sale supersede any previous Terms and Conditions of Sale of the Seller. Any variation of these Terms and Conditions must be confirmed in writing by the Seller and will not otherwise be valid. Any waiver by the Seller of these Terms and Conditions of Sale on any occasion shall merely act as a waiver on that occasion, and shall not affect the Seller's right to enforce any of these Terms and Conditions on any further occasion. No terms and conditions stipulated by the Buyer shall have effect unless agreed in writing from the Seller.
This contract shall be governed by Scottish Law in the Courts of Scotland .
Henry Winning & Co. Ltd will determine whether or not to accept and fulfill the order, and Henry Winning & Co. Ltd may refuse or limit your order for any reason. By placing an order, you agree to accept all terms and conditions shown anywhere on this site, including Henry Winning & Co. Ltd standard terms and conditions of sale.
Henry Winning & Co. Ltd reserves the right to accept, refuse, or limit your order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions shown on this web site (www.twinesonline.com). By placing your order, you agree that Henry Winning & Co. Ltd total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to Henry Winning & Co. Ltd for the product giving rise to Henry Winning & Co. Ltd liability.
If you are a UK customer, you have a statutory right to cancel your order for a short time. You may do this by faxing or emailing a WRITTEN notice of cancellation to:
Fax No: 0141-554-8496
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible