Terms and Conditions

Online Terms and Conditions for the Supply of Goods
WELLSNOWSPORTS Ltd

Please read the following important terms and conditions before you buy anything on our site.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:

•       up to 30 days: if your goods are faulty, then you can get a refund;

•       up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;

•       up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

 

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • We, us or our means WELLSNOWSPORTS LTD; and
  • You or your means the person using our site to buy goods from

If you don't understand any of this contract and want to talk to us about it, please contact us by:

  • Email: info@wellsnowsports.co.uk (Emails will be responded to Monday to Friday 6pm to 10pm and Saturday to Sunday 9am to 7pm); and
  • Telephone: 03333 058 790 (Calls will be answered Monday to Friday 6pm to 10pm and Saturday to Sunday 9am to 7pm).

 

Who are we?

We are registered in England and Wales under company number: 10235048.

Our registered office is at: West Barn, Parley Court Farm, Parley Green Lane, Christchurch, Dorset BH23 6BB.

The details of this contract will not be filed with any relevant authority by us. 

You are able to print these terms and conditions via our website.

 

1                Introduction

1.1            If you buy goods on our site you agree to be legally bound by this contract.

1.2            You may only buy goods from our site for non-business reasons.

1.3            This contract is only available in English. No other languages will apply to this contract.

1.4            When buying any goods you also agree to be legally bound by:

1.4.1        our website terms of use (www.wellsnowsports.co.uk/pages/website-terms-of-use);

1.4.2        extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reason. We will contact you to let you know if we intend to do this by giving you one month's notice. You can end this contract at any time by giving one month's notice if we tell you extra terms apply; and

1.4.3        specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.

All these documents form part of this contract as though set out in full here.

1.5            We reserve the right to amend our terms and conditions from time to time without notice.  Amended terms and conditions will be available on our website and shall supersede any previous versions and will apply to any subsequent dealings or contracts between you and us.

2                Information we give you

2.1            By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1        read the acknowledgement email (see clause 3.2.1); or

2.1.2        contact us using the contact details at the top of this page.

2.2            The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3            If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3                Ordering goods from us

3.1            Below, we set out how a legally binding contract between you and us is made.

3.2            You place an order on the site by adding your goods to the shopping cart and following on screen instructions. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

3.2.1        When you place your order at the end of the online checkout process (eg when you click on the ‘complete order’ we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.2.2        We may contact you to say that we do not accept your order and if you have paid for goods we will refund your payment. This is typically for one or more of the following reasons:

(a)             the goods are unavailable;
(b)             we cannot authorise your payment;
(c)             you are not allowed to buy the goods from us;
(d)             we are not allowed to sell the goods to you;
(e)             you have ordered too many goods; or
(f)              there has been a mistake on the pricing or description of the goods.

3.2.3        We will only accept your order when we email you to confirm this (Confirmation Email). At this point (and not before):

(a)             a legally binding contract will be in place between you and us; and
(b)             we will dispatch the goods to you.

3.3            If you are under the age of 18 you may not be able to buy certain goods.  Details are set out on the relevant webpage for such goods.  If we cannot verify your age, we may have to cancel your order and we will refund any payment which you may have made for goods.

4                Right to cancel this contract

4.1            You have the right to cancel this contract within 14 days without giving any reason.

4.2            The cancellation period will expire after 14 days from the day which the goods are delivered to you.

4.3            To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by email). You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation form

To WELLSNOWSPORTS, PO Box 9134, Ringwood, Hampshire, BH24 9FS

Email: info@wellsnowsports.co.uk

 

I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

 

Ordered on*/received on*…………………………………………………………………………

Name of consumer(s) …………………………………………………………………………

Address of consumer(s) …………………………………………………………………………

Signature of consumer(s) (only if this form is notified on paper)

…………………………………………………………………………

Date: …………………………………………………………………………

 

*Delete as appropriate

 

4.4            To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5                Effects of cancellation

5.1            If you cancel this contract in accordance with clauses 4 and 5, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

5.2            We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

5.3            We will make the reimbursement without undue delay, and not later than:

5.3.1        14 days after the day we received back from you any goods supplied; or

5.3.2        (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

5.3.3        if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

5.4            We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5.5            If you have received goods:

5.5.1        you shall send back the goods to us at WELLSNOWSPORTS, PO Box 9134, Ringwood, Hampshire, BH24 9FS (unused, in their original packing and with original labelling along with the original receipt) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expiredPlease remember to get a certificate of postage when returning goods.  Please ensure that the goods are protected to avoid damage whilst in transit.

5.5.2        you will have to bear the direct cost of returning the goods The cost is estimated at a maximum of approximately £7

5.5.3        you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6                Delivery

6.1            We use Royal Mail or Collect+ (depending on the goods and/or packaging required) to deliver our goods. If you want to see your delivery options, visit our webpage www.wellsnowsports.co.uk/pages/delivery-information before you place your order.

6.2            The estimated date and time window for delivery of the goods is set out in the Confirmation Email (see clause 3.2.3).

6.3            If something happens which:

6.3.1        is outside of our control; and

6.3.2        affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

6.4            Delivery of the goods will take place when we deliver them to the address that you gave to us.

6.5            Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

6.5.1        let you know;

6.5.2        cancel your order; and

6.5.3        give you a refund.

6.6            If nobody is available to take delivery, please contact us using the contact details at the top of this page.

6.7            You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

6.8            We do not make deliveries to any addresses outside of the UK. However, we do deliver to British Forces Post Office (BFPO) addresses (although please check that you are allowed to send the goods to a BFPO address as some goods are restricted or prohibited).

6.9            We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way please contact us via information above

6.10         You should let us know (via the above contact options) if you have not received the goods within 21 days of the proposed delivery date (provided within our Confirmation Email or subsequent correspondence if the proposed delivery date is changed).  We will investigate with the relevant courier / postal service accordingly if you claim that your goods have not been delivered.

6.11         If the goods arrive showing signs of damage, please make sure, if delivered by courier, that the courier has made a note of this.  If possible, please take photos of the damage as this will assist in any investigations which may be required.

6.12         You should retain your original receipt for the goods in the event that the goods need to be returned, so that we can process the return.

7                Payment

7.1            We accept the following credit cards and debit cards:

Visa;

Master Card; or

American Express.          

We do not accept alternative payment methods, including but not limited to cash or cheque payments.

7.2            We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

7.3            Your credit card or debit card will only be charged when you complete the order process.  Full payment must be received before we dispatch your goods.  We will continue to own all goods until full payment is received from you.

7.4            All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

7.4.1        Verified by Visa;

7.4.2        Mastercard®SecureCodeTM; or

7.4.3        American Express SafeKey

7.5            Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.

7.6            The price of the goods:

7.6.1        is in pounds sterling (£)(GBP); and

7.6.2        does not include the cost of:

(a)             delivering the goods (if you want delivery options and costs, visit our www.wellsnowsports.co.uk/pages/delivery-information webpage before you place your order); and
(b)             any carrier bags (which cost 5p each).

7.7            The price and description of goods can be found on our website www.wellsnowsports.co.uk/collections/all. We reserve the right to change the price of goods and stock from time to time without notice.  We will notify you if your order includes goods with incorrect prices and you will be able to amend your order to remove such goods if you so wish.  If we cannot contact you we may need to cancel your order and we will refund any payment which you may have made for goods.

8                Nature of the goods

8.1            The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

8.1.1        are of satisfactory quality;

8.1.2        are fit for purpose;

8.1.3        match the description, sample or model; and

8.1.4        are installed properly (if we install any goods).

8.2            We must provide you with goods that comply with your legal rights.  We have a legal duty to supply goods that are in conformity with the contract between you and us.

8.3            The packaging of the goods may be different from that shown on the site.

8.4            While we try to make sure that:

8.4.1        all weights, sizes and measurements set out on the site are as accurate as possible, but the measurements provided are still approximate so may vary slightly; and

8.4.2        the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

8.5            Any goods sold:

8.5.1        at discount prices;

8.5.2        as remnants; or

8.5.3        as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

8.6            If we can't supply certain goods (such as the correct colour) we may need to substitute them with alternative goods of equal or better standard and value. In this case:

8.6.1        we will let you know if we intend to do this but this may not always be possible; and

8.6.2        you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

9                Faulty goods

9.1            Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

9.1.1        contact us using the contact details at the top of this page; or

9.1.2        visit the Citizens Advice website www.citizensadvice.uk

9.2            Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

9.3            Please contact us using the contact details at the top of this page, if you want:

9.3.1        us to repair the goods;

9.3.2        us to replace the goods;

9.3.3        a price reduction; or

9.3.4        to reject the goods and get a refund.

10             End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11             Limit on our responsibility to you

11.1         Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

11.1.1     losses that:

(a)             were not foreseeable to you and us when the contract was formed; or
(b)             that were not caused by any breach on our part;

11.1.2     business losses; and

11.1.3     losses to non-consumers.

11.2         We accept no legal responsibility for any damage or loss caused as a result of your use of goods purchased from us. You should ensure that you take relevant safety precautions when partaking in activities which may involve use of goods purchased from us as snowsports activities can be hazardous.

11.3         Goods sold by us have manufacturer warranties (details of which can be found on the relevant webpage for the goods).  We will correspond with the manufacturer in the event of a warranty claim.  We cannot guarantee that any warranty claim will be accepted by the relevant manufacturer.

11.4         If any provision of these terms and conditions (or part of any provision) is held by a court to be illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms and conditions shall not be affected

11.5         If any provision of these terms and conditions (or part of any provision) is held by a court to be illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

12             Disputes

12.1         We will try to resolve any disputes with you quickly and efficiently.

12.2         If you are unhappy with:

12.2.1     the goods;

12.2.2     our service to you; or

12.2.3     any other matter;

please contact us as soon as possible.

12.3         If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

12.3.1     let you know that we cannot settle the dispute with you; and

12.3.2     give you certain information required by law about an alternative dispute resolution (ADR) provider which is run by: Small Claims Mediation and found at http://www.small-claims-mediation.co.uk. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.

12.4         If you want to take court proceedings, the relevant courts of England will have exclusive jurisdiction in relation to this contract.

12.5         Relevant English law will apply to this contract.

13             Third party rights

13.1         No one other than a party to this contract has any right to enforce any term of this contract.

13.2         The contract between us and you is personal to you and cannot be assigned or sub-contracted by you unless with our prior written consent.