Terms and Conditions of Trading
1. About these terms
These terms apply to every sale of goods by Arden Winch & Co Limited ("we", "us"), company number 01253792, registered office 9 Acres Hill Lane, Sheffield, S9 4LR, telephone 0114 243 3755, email enquiries@ardenwinch.com, VAT number 172 2678 54. They apply to orders placed on ardenwinch.com and by phone, email or in person, and replace any terms you propose.
These terms apply to both business and consumer customers. Some terms apply to business customers only and say so. Where a customer buys as a consumer (not for business purposes), section 8 gives additional rights that cannot be removed, and it overrides anything in these terms that conflicts with it.
In these terms, "Goods" means the products we sell, "Customer" means the person or business buying them, and "Order" means a request to buy Goods.
2. Orders and accounts
- Placing an Order is an offer to buy. We accept it when we send an order confirmation or dispatch the Goods. Until then we can decline it, for example if Goods are out of stock or the price is wrong.
- Quotations are valid for 30 days unless they say otherwise.
- Credit accounts are opened at our discretion after credit checks and references. We can reduce, suspend or withdraw credit at any time, including for late payment.
- Orders paid in instalments are separate contracts. We can withhold later deliveries if an instalment is unpaid.
- Product descriptions, images and specifications on the website are as accurate as we can make them. Workwear and PPE must be chosen as suitable for the intended task and risk, and you should check the manufacturer's instructions and certification.
3. Prices and payment
- The price is the price shown on the website when you place the Order, or in our current price list or quotation. The site can show prices with or without VAT; VAT is added at the rate in force where it is not included.
- Carriage and any extra charges are shown at checkout or on the quotation.
- Customers without a credit account pay in full when ordering, by [payment methods and provider: to be confirmed with Reach before go-live]. We do not accept an Order until payment is received unless we agree otherwise in writing.
- Account customers pay within 30 days of the invoice date. Time for payment is of the essence.
- If an invoice is paid late we charge interest at 8% a year above the Bank of England base rate, from the due date until payment, under the Late Payment of Commercial Debts (Interest) Act 1998, plus the fixed recovery sums and reasonable costs that Act allows.
- If you dispute an invoice, tell us promptly in writing with your reasons and pay any undisputed part on time.
4. Delivery, risk and title
- Account customers get free delivery on our own vehicles within our delivery area (South, West and East Yorkshire, parts of North Yorkshire, Derbyshire, Nottinghamshire, parts of Lincolnshire and the Midlands). Contact us to check your postcode.
- Elsewhere in the UK we deliver by next-day carrier (DPD). Delivery is free on orders over £100. Below that, the delivery charge is £6.95, and larger or heavier items cost more. Delivery charges are shown before you pay.
- Delivery dates are estimates, not guarantees. We are not liable for loss caused by late delivery, but we will tell you of any significant delay.
- Risk in the Goods passes to you on delivery. Check Goods when they arrive and note any visible damage on the delivery note.
- Retention of title. Ownership stays with us until we have received payment in full for those Goods and any other sums you owe us. Until then you must keep the Goods identifiable and insured. If you resell before paying, you do so as our agent and hold the proceeds on trust for us. If payment is overdue we may recover the Goods and enter your premises to do so.
5. Shortages, faults and returns (business customers)
- Report shortages, visible damage or wrong Goods within 21 days of delivery. Faults that were not visible on delivery must be reported within a reasonable time of you finding them. Nothing in this section affects consumer rights (see section 8).
- We will replace or credit Goods that are faulty, damaged in transit or not what you ordered, and pay for return carriage using a carrier of our choice.
- As a goodwill policy for business customers, you may return unused Goods in original condition and packaging within 30 days of delivery for credit. You pay return carriage unless the return is for a fault or our error. We do not take back made-to-order, personalised or embroidered items, or hygiene products that have been opened.
- Send return requests to enquiries@ardenwinch.com with your order number. Do not return Goods without it.
6. Liability, force majeure and website use
- Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else the law does not allow us to limit.
- Subject to that, we are not liable to business customers for loss of profit, revenue, business or goodwill, or for indirect or consequential loss. Our total liability for any Order is limited to the price paid for the Goods in that Order.
- Implied terms about quality and fitness are excluded for business customers to the extent the law allows. Manufacturers' warranties pass through to you where they exist.
- We are not liable for delay or failure caused by events beyond our reasonable control, including strikes, supplier or transport failure, shortage of materials, fire, flood, severe weather, epidemic, war, cyber attack or failure of utilities and telecoms. We will tell you and may cancel or reschedule the Order.
- Website content, logos and images belong to us or our suppliers. You may not copy or reuse them without permission. We try to keep the website available and accurate but do not promise it will be uninterrupted or error-free.
7. Data protection, general terms and law
- We handle personal information as set out in our Privacy and Cookie Policy.
- These terms and any Order form the whole agreement between us. If a part is found unenforceable, the rest still applies.
- You may not transfer your rights under an Order without our written consent. We may subcontract delivery.
- If we do not enforce a right straight away, we can still enforce it later.
- Notices must be in writing and sent to the address or email above.
- These terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction. Consumers living in Scotland or Northern Ireland keep the right to use their local courts.
- We may update these terms. The version in force when we accept your Order applies to it.
8. Additional rights for consumers
- Your legal rights under the Consumer Rights Act 2015 are not affected by these terms. Goods must be of satisfactory quality, fit for purpose and as described. If Goods are faulty you can reject them within 30 days for a full refund, and after that you can ask for a repair or replacement, or a price reduction or refund, as the Act sets out.
- Cancelling. For online, phone or email orders you have 14 days from the day you receive the Goods to cancel without giving a reason, under the Consumer Contracts Regulations 2013. Tell us clearly (an email to enquiries@ardenwinch.com is enough), then return the Goods within 14 days of telling us. We refund the price and standard delivery within 14 days of receiving the Goods back. You pay return costs unless Goods are faulty or not as described.
- The 14 day right does not apply to personalised or made-to-order items, or sealed hygiene products once unsealed.
- Sections 2.4, 3.5, 5 and the liability limits in section 6 do not apply to consumers where they would reduce these rights.
- The price you see includes VAT. We will always show the total price, including delivery and any other mandatory charges, before you pay.