Every quotation, pro-forma invoice, price list or other similar document made or issued by Whizzle Limited ("the company") is made or issued subject to these General Terms and Conditions of Sale. These terms and conditions do not affect consumers' statutory rights as contained in current legislation governing the relationship between consumers and businesses.
UK leaving the EU
All orders received by Whizzle Ltd from customers in the Republic of Ireland and Northern Ireland on or after 22nd December 2020, will only be accepted on the basis of DAP ("delivery at place") incoterms, unless an alternative incoterms process has been explicitly agreed in writing. Under DAP incoterms, standard carriage costs will remain the responsibility of Whizzle. Any other costs incurred by the customer including but not limited to, VAT and any applicable import duties, are the responsibility of the customer and accepted by the customer.
Any additional carrier costs payable by Whizzle in the event of any consignments being returned due to non-payment of Irish VAT or import duties will be payable by the customer.
A. Consumer Terms and Conditions
1. Definitions
The Customer or you, means the account applicant or person who buys or agrees to buy goods from the company.
2. Acceptance of Orders
No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the company shall be binding unless and until it is accepted by the company. The company at its absolute discretion may accept or reject any order whether on account of the goods being no longer available or for any other reason whatsoever.
3. Product Specifications
It is the responsibility of the Customer to check the compatibility and suitability of goods for any particular purpose before ordering. The company hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience. Whilst every reasonable effort will be made to supply a particular product should unforeseen circumstances dictate, the company shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet the supply.
4. Payment
The company's normal terms of business are for all payments to be made on ordering of goods.
5. Despatch
Customers will be given an estimated date of despatch for goods when placing orders. If these dates are exceeded the company will endeavour to keep Customers informed of the delay and provide an expected new estimated date of despatch. Customers may cancel their order at any time prior to despatch by contacting the Customer Services Department by email. This cancellation request should be sent fao. Customer Services by email to sales@whizzle.it. If payment has been made by cheque or card a refund will be issued within 14 days of written receipt of the cancellation request. Credit card refunds may take in excess of 5 working days to show on a statement
6. Delivery
Whilst every reasonable effort shall be made to keep to any estimated delivery dates, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery to certain areas may incur additional costs, the Customer will be informed of such additional costs after delivery addresses are given and before payment is taken.
7. Damages and Shortages
The Customer should sign as damaged should they notice the damage on receipt of goods.The Customer shall report any damage or shortages of goods ordered to the company and the carriers in writing or email within 7 days of delivery. Provided notice of transit damage or loss is given in writing within 7 days and provided it is proved to the company's satisfaction that such damage occurred in transit in the UK but not otherwise, the company will either refund, repair or replace such goods free of charge to the Customer.
8. Ownership and Risk
The risk in the goods shall pass from the company to the Customer upon delivery of such goods to the Customer. The title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the company has received payment in full for all goods delivered to the Customer under this and all other contracts between the company and the Customer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of or other sum payable under the terms of this and all other contracts between the company and the Customer under which the goods were ordered.
9. Warranties
9.1 Power tools are sold with the manufacturers’ warranty.
9.2 ZZ-R® screws are sold with the warranty in the form set out in schedule 1 of these General Terms and Conditions of Sale.
10. Product use
10.1 Items of zinc alloy are inherently prone to porosity and therefore should never be used in overhead or safety critical applications. Any use in such circumstances will be at the risk of the Customer.
10.2 Any sealants and chemical goods must be used by the Customer in accordance with any manufacturer’s instructions and not be used after their recommended expiry period (if relevant). Where applicable these should be tested before use.
11. Returns and Refunds
If you wish to return any faulty power tool this should be done in accordance with the manufacturer’s warranty. For all other problems or returns you must first contact our Customer Services and obtain a HelpDesk number and/or Goods Return Number. Goods returned have to be complete and in a re-saleable condition including original packaging. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the Customer. To cancel the contract under the terms of the Direct Selling legislation with the company Customer Services must be contacted in writing at the above address within 7 days of receipt of the goods. The Customer will be required to return the goods to the company before a refund can be processed. The Customer Services department will then contact the Customer with a Goods Returned number within 5 working days. This number must be quoted on all returned goods so that the goods can be properly identified. The company cannot be held responsible for goods returned without proper identification. Once any goods with a goods return number have been received then the company will endeavour to process any refund due within 7 days.
12. Product Misuse
Should any goods malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion then all costs incurred by the company in repairing such goods and investigating the causes of the malfunction shall be payable to the company by the customer.
13. Force Majeure
The seller will not be under any liability whatsoever to the customer in the event that the seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the seller's control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the seller.
14. Liability
14.1 Nothing in these terms and conditions shall operate to limit the liability of the company for (a) death or personal injury caused by the company's negligence; (b) any claim based on fraud or fraudulent misrepresentation; (c) any other liability which cannot be excluded or limited by applicable law.
14.2 Subject to condition 14.1, the company shall not in any circumstances be liable for any indirect, consequential, incidental, or special loss or damage, including but not limited to loss of profits, loss of revenue, loss of goodwill or reputation, whether or not such losses were reasonably foreseeable or the company or its agents or contractors had been advised of the possibility of such losses being incurred.
14.3 The company maintains product liability insurance with a reputable insurer of no less than £5million (five million pounds) for any one occurrence and no less than £5million (five million pounds) in total in any one year for any and all liability (however arising) for a claim that the goods are faulty or defective.
14.4 Subject to condition 14.2, the company's total liability in respect of all loss or damage arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5million (five million pounds).
15. Distance or off-premises contracts
15.1 These terms and conditions of sale detailed above are provided for your information, in line with legislation contained in Consumer Contracts Regulations 2013. This legislation covers items bought where there is no direct contact between the supplier and the consumer. It does not apply where goods are bought for business use, from showrooms, fairs or exhibitions.
15.2 Consumer Contracts Regulations 2013 allow for a cooling off period of 14 days from receipt of goods where all goods are delivered at the same time or 14 days from receipt of the last of the good when multiple goods are place under one order and delivered at different times. Customers may return specified goods without reason within this period for a refund. This excludes bespoke goods made to the consumer's specifications and orders under which the payment to be made is less than £42.
Your contract is with:
Whizzle Limited
Unit C, Three Pillars Business Park
Station Road
Sutton
Nr Ely
Cambridgeshire
CB6 2RU
Company Registration No 2717116
Telephone: 01353 775775
If you have any questions or complaints regarding the company, these can be addressed to the Customer Services Manager at the above address. The company will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that consumers are informed of the progress of complaints as appropriate.
Details of the specification, price and arrangements for payment of the goods purchased by distance selling are available on our website in our company publications and will also be provided on invoices despatched with order. The Whizzle Limited sales team are happy to send a quote by email or Customers may want to print out copies of web orders for their records.
To cancel the contract under the terms of the Direct Selling legislation with the company the Customer Services Manager must be contacted in by email within 14 days of receipt of the goods. The Customer will be required to return the goods to the company before a refund can be processed. The Customer Services department will then contact the Customer with a Helpdesk number and/or Goods Returned number within 5 working days. This number must be quoted on all returned goods so that the goods can be properly identified. The company cannot be held responsible for goods returned without proper identification.
Orders placed from areas which are not subject to VAT must be placed via a telesales representative, and not placed by the Internet.
16. E&OE
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable English law.
17. Age
By agreeing to these Terms and Conditions you are also confirming that you are aged 18years or older.
B. Business Terms and Conditions
1. Definitions
1.1 The Buyer means the account applicant, company, partnership or person who buys or agrees to buy goods from the seller.
1.2 The seller means Whizzle Limited.
1.3 Conditions means the conditions of sale set out in this document and any special conditions agreed in writing by the seller.
1.4 Goods means any goods or services offered for sale by the Seller from time to time.
2. Conditions
2.1 These Conditions shall apply to all contracts for the sale of goods by the seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 No variation or addition to these Conditions shall be effective unless agreed in writing by the seller.
2.3 No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the company shall be binding unless and until it is accepted by the company. The company at its absolute discretion may accept or reject any order whether on account of the goods being no longer available or for any other reason whatsoever.
2.4 Any order placed by the Buyer for goods shall incorporate these conditions and shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.5 Nothing in these Conditions shall affect the statutory rights of any Buyer.
3. Prices and Payment
3.1 The price shall be that on the seller’s current list price on the website.
3,2 The seller reserves the right to revise prices prior to despatch of goods to reflect any direct or indirect increase in costs. If the seller revises the price the Buyer must be informed prior to despatch and have the option to cancel the order. If the Buyer cancels the order due to price revision any money they have paid will be refunded in full.
3.3 All prices are exclusive of VAT and charges for packing, postage and carriage plus VAT which shall be paid in addition as applicable.
3.4 Subject to conditions 3.5, Payment must be made in full before despatch of any goods where there are no credit terms agreed.
3.5 In the case of other sales, payment is due in full on the terms of credit agreed in writing with the Seller. Time for payment shall be of the essence and any failure to pay shall entitle the seller at its option to treat the contract as repudiated by the Buyer or to delay delivery until paid (in addition to any other remedy).
3.6 In the event of any insolvency procedure relating to the customer any sums due to the company will become immediately payable and should any goods sold by the company be in transit or delivered to the customer but not yet paid, the company has the right to repossess such goods.
4. Delivery
4.1 Whilst every reasonable effort shall be made to keep to any estimated delivery date, 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 other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Should the seller fail to deliver goods on an agreed delivery date the Buyer shall have the right to cancel the order and receive a full refund of any monies paid to the seller.
4.2 Failure by the Buyer to pay to credit terms agreed when due shall entitle the seller to withhold further deliveries and the Buyer shall be liable for any costs incurred by the seller relating to such goods which the seller is then entitled to withhold.
4.3 Delivery of the goods shall be made to Buyer's selected address and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
5. Ownership and Risk
5.1 The risk in goods shall pass to the Buyer when either the Buyer receives the goods or a contract is made but the goods are kept at the seller's premises at the Buyer's request.
5.2 The seller remains the owner of the goods affected by the contract until the seller has been paid in full for such goods. Title to any goods supplied by the company to the customer does not pass until full payment is made.
5.3 If any payment due under these conditions is overdue in whole or in part, the seller may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the Buyer's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the Buyer shall be liable for all the seller's costs of so doing.
5.4 The Buyer shall sign as damaged if damage is observed on receipt of goods. In the case of any other sale the Buyer shall inspect the goods immediately upon delivery and shall notify the seller within five days of delivery if the goods are damaged or do not comply with the relevant specification. If the Buyer fails to do this, it is deemed to have accepted the goods.
5.5 Any goods in respect of which any claim or defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either: Retained by the Buyer for a reasonable period to enable the seller or its agent to inspect or collect the goods or at the seller's option returned by the Buyer to the seller, using the HelpDesk or Goods Return Number obtained from Customer Services, who will refund the cost of postage and packing to the Buyer if the goods are in fact defective.
6. Warranties
6.1 Power tools are sold with the manufacturers’ warranty and if you wish to return any faulty power tool this should be done in accordance with the manufacturer’s warranty.
6.2 ZZ-R® screws are sold with the warranty in the form set out in schedule 1 of these General Terms and Conditions of Sale.
7. Product use
7.1 Items of zinc alloy are inherently prone to porosity and therefore should never be used in overhead or safety critical applications.
7.2 Any sealants and chemical goods must be used by the Customer in accordance with any manufacturer’s instructions and not be used after their recommended expiry period (if relevant). Where applicable these should be tested before use.
8. Product Misuse
Should any goods malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion then all costs incurred by the company in repairing such goods and investigating the causes of the malfunction shall be payable to the company by the customer.
9. Cancellation Returns
9.1 Subject to condition 3.2 no contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the seller and on terms to be determined at the absolute discretion of the seller.
9.2 Unless the seller at its discretion decides otherwise, if the seller agrees to accept the return of any such goods, then a goods return number obtained from the seller must be clearly shown on the returned parcels.
9.3 The goods to remain at the Buyer's risk in all respects until received by the seller. The Buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer's fault.
9.4 The seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
10. Force Majeure
The seller will not be under any liability whatsoever in the event that the seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the seller's control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the seller.
11. No waiver
The seller's failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance of compliance with any of these conditions.
12. Liability
In the event of any breach of these conditions by the seller the remedies of the Buyer shall be limited to damages which shall in circumstances not exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
These conditions and the General Conditions of Sale shall be construed in accordance with English law and any dispute between the parties in respect of these terms and conditions will be resolved by reference to English Law.
These conditions do not affect your statutory rights.
13. E&OE
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable English law.
14. Age
By agreeing to these Terms and Conditions you are also confirming that you are aged 18years or older.
15. Governing Law
Any dispute between the parties in respect of these terms and conditions will be resolved by reference to English Law.
Schedule 1
ZZ-R® FABRICATION SCREW RANGE WARRANTY
1.1 For the purposes of this warranty “Goods” means:
(a) the 410 Martensitic stainless steel magnetic fasteners within the range prefixed CDP and PDP and ending with S4 that are used for the attachment of window & door hardware to steel or aluminium reinforced UPVC profile sections with a head marking W4; and
(b) the A2 Austenitic stainless steel non-magnetic fasteners within the range prefixed CSP and PSP and ending with SS that are used for the attachment of window and door hardware to both unreinforced and reinforced UPVC profile sections with a head marking W2.
1.2 Whizzle Limited warrants that on delivery, and for a period of 20 years from the date of delivery (Warranty Period), the Goods shall:
(a) conform in all material respects with their description and any written specification for the Goods; and
(b) be free from material defects in design, material and workmanship;
(the Warranty).
1.3 Subject to clause 1.4, if:
(a) the Customer gives notice in writing to Whizzle Limited during the Warranty Period within 5 days of discovery that some or all of the Goods do not comply with the Warranty;
(b) Whizzle Limited is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Whizzle Limited) returns such Goods to Whizzle Limited’s place of business at the Customer's cost,
Whizzle Limited shall, at its option, replace the defective Goods or refund the price of the defective Goods in full.
1.4 Whizzle Limited shall not be liable for the Goods' failure to comply with the Warranty in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 1.3;
(b) the defect arises because:
(i) the Customer failed to follow Whizzle Limited’s oral or written instructions as to the storage, commissioning, installation, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;
(ii) the Customer failed to use the Goods in accordance with any relevant performance data published by Whizzle Limited;
(iii) without the prior written approval of Whizzle Limited the Customer uses the Goods in an environment where corrosive materials are present including but not limited to swimming pools, paper mills and chemical plants;
(iv) the Customer alters or repairs such Goods without the written consent of Whizzle Limited; or
(v) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
1.5 Except as provided in this warranty, Whizzle Limited shall have no liability to the Customer in respect of the Goods' failure to comply with the Warranty.
1.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
1.7 These Conditions shall apply to any replacement Goods supplied by Whizzle Limited.