TERMS & CONDITIONS

TERMS AND CONDITIONS OF SALE FOR WILSON-BENESCH

Please read these Terms and Conditions of Sale (“Terms of Sale”) carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods and Bespoke Goods are sold by Us to you, whether directly at our business, through our website, https://wilson-benesch.com (“Our Site”) or otherwise.

These Terms of Sale explain who We are, how Our Goods and Bespoke Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

These Terms of Sale were last updated on 1 March 2023. You will be required to read and accept these Terms of Sale when ordering Goods and Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods or Bespoke Goods through Us, Our Site or otherwise.

• The following documents may also apply to your use of Our Site:

• Our Privacy Policy, available at https://wilson-benesch.com/privacy-policy/. This is also referred to below in Clause 22.

• Our Acceptable Usage Policy, available at https://wilson-benesch.com/acceptable-use-policy/. This is also referred to below in Clause 3.

 

1. Definitions and Interpretation

1.1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods”

means the goods made and/or personalised and/or customised to order, sold by Us;

 

“Contract”

means a contract for the purchase and sale of Goods and/or Bespoke Goods, as explained in Clause ‎8;

“Contact Tools”

means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms;

 

“Goods”

means any goods that are not Bespoke Goods sold by Us;

 

“Order”

means your order for Goods and/or Bespoke Goods;

 

“Order Confirmation”

means Our acceptance and confirmation of your Order;

 

“Order Number”

means the reference number for your Order;

 

“We/Us/Our”

means Wilson Benesch Limited; and

 

“You”

means the person(s) who purchase Goods and/or Bespoke Goods on the basis of these Terms of Sale.

 

1.2.   Unless the context otherwise requires, each reference in these Terms of Sale to:

1.2.1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

 

1.2.2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

 

1.2.3. a Clause or paragraph is a reference to a section, part, or clause of these Terms of Sale.

 

 

2.     Information About Us

Our Site is operated by Us. We are a limited company registered in England and Wales under company number 03298042. Our registered and trading address is Falcon House, Limestone Cottage Lane, Sheffield S6 1NJ. Our VAT number is GB599827849.

 

3.     How to Contact Us

• 3.1.   To contact Us about the Goods, Bespoke Goods, or your Order or about cancellations or you have a general question or complaint, please either:

  email Us at info@wilson-benesch.com;

• call Us on +44 114 285 2656; or

• write to Us at Falcon House, Limestone Cottage Lane, Sheffield S6 1NJ.

 

3.2.    We provide the following Contact Tools for you to contact Us:

• https://wilson-benesch.com/contact-us/

4.     Access to Our Site and Use of Our Site

4.1.   Access to Our Site is free of charge.

4.2.   It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3.   Use of Our Site is subject to Our Acceptable Use Policy, available at https://wilson-benesch.com/acceptable-use-policy/. Please ensure that you have read this carefully, that you understand it, and that you agree to it.

5.     Changes to these Terms of Sale

5.1.   We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements.

5.2.   If the changes are likely to affect your Order, We will inform you in advance by contacting you in writing in accordance with Clause ‎7.

5.3.   If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

6.  Business Customers
These Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business. 

 

7.     Goods, Descriptions, and Changes
7.1. We make all reasonable efforts to ensure that all descriptions and images of Goods and Bespoke Goods available from Us on Our Site and any marketing literature match the actual Goods and Bespoke Goods. Please note:

a.     Images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;

b.     Images or descriptions of any packaging are for illustrative purposes only and the actual packaging may vary; and

c.      Due to the Goods and/or Bespoke Goods being handmade, there may be a variance of up to 10% in sizes, weights, capacities, dimensions and measurements between the actual Goods and/or Bespoke Goods and the description.

 

7.2. Please note that Clause ‎7.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods and/or Bespoke Goods, not to different products altogether. If you receive Goods and/or Bespoke Goods that are not as described, please refer to Clause ‎13.

 

7.3. Minor changes may be made to certain Goods and/or Bespoke Goods from time to time. This may happen between you placing your Order and the Goods and/or Bespoke Goods being dispatched.

 

7.4. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or for security issues or to implement minor technical adjustments and improvements.

 

7.5. Minor changes will not change the main characteristics of the Goods and/or Bespoke Goods and will not affect your use of them.

 

7.6. As explained in the descriptions of the Goods and/or Bespoke Goods, more significant changes may also be made to the Goods and/or Bespoke Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.

 

7.7. Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document issued by us will be subject to correction without any liability on our part.

 

8.     Pricing
8.1.   We make all reasonable efforts to ensure that prices in any of our sales literature, quotation, pricelist, acceptance of offer, invoice or other document issued by us for the Goods and/or Bespoke Goods are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Clause ‎8.2.

 

8.2.   All prices include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

8.3.   All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing before your Order is processed.

 

8.4.   If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

 

8.5.   If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 7 days, We will treat your Order as cancelled and inform you of the cancellation in writing.

 

8.6.   If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods and/or Bespoke Goods to Us.

 

8.7.   Delivery charges are not included in the price of Goods or Bespoke Goods. Delivery options and related charges will be presented to you as part of the order process.

 

9.     Orders and How Contracts Are Formed

9.1. To place an Order, you will be required to contact us directly or make an enquiry on Our Site through the Contact Tools or by sending your bespoke specifications enquiry through the relevant product page of Our Site. We will contact you to discuss and clarify your specifications and requirements, upon which We will send you a quotation for the Goods and/or Bespoke Goods, together with details of how to place your Order, details of the payment terms and a copy of these Terms of Sale. Please ensure that you check any quotation for your Order carefully before submitting it.

 

9.2. Before you place an Order, We will give you an option to have a demonstration of the Goods and/or Bespoke Goods at your home with one of Our official installers, with a further option to retain the demonstration items for a period of 7 to 14 days on the payment of a security deposit equal to twenty-five per cent (25%) of the price of the Goods and/or Bespoke Goods. Delivery and collection will be arranged and paid for by You. We will also give you the option to have a demonstration of the Goods and/or Bespoke Goods in our factory listening room. Finally we will also give you the option to have a demonstration of the Goods and/or Bespoke Goods with an official authorised reseller of Ours.

 

9.3. If you order Bespoke Goods from Us, We will make and/or customise them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.

 

9.4.   When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.

 

9.5.   If you provide Us with incorrect or incomplete information during the order process or wish to change the specifications and requirements of the Goods and/or the Bespoke Goods, please contact Us as soon as possible. Where any information is required, it will be stated in the product descriptions or during the order process, as applicable.

 

9.6.   Before an Order has been placed, We will provide a revised quotation (incorporating any changes in price, timing of delivery or any other material change) for any changes in specifications and requirements of the Goods and/or the Bespoke Goods that you have requested. Once an Order has been placed and an Order Confirmation issued, we will inform you if any changes in the specifications and requirements you have requested will be possible (and, if so, the effect of the changes on the price, delivery and any other material change), but shall not guarantee any such changes, Should you wish to continue with the proposed changes, We reserve the right to cancel the Contract and issue you with a revised quotation for the Order, together with any costs incurred to date.

 

9.7. If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods and/or Bespoke Goods to you.

 

9.8. If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

 

9.9. We will not be responsible for supplying the affected Goods and/or Bespoke Goods late or for not supplying the affected Goods and/or Bespoke Goods if this is due to you not providing Us with the required information within a 7-days of Us asking for it.

 

9.10. No part of Our Site constitutes a contractual offer capable of acceptance.

 

9.11. Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

 

9.12. Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods and/or Bespoke Goods.

 

9.13. Order Confirmations contain the following information:

a.     Your Order Number;

b.     Confirmation of the Goods and/or Bespoke Goods ordered including full details of their main characteristics;

c.      Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery, any professional installation charges and other additional charges;

d.     Estimated delivery date(s);

e.     Details of any payment terms, together with any upfront deposit payments made.

 

9.14.  We will also include a paper copy of your Order Confirmation with your Goods and/or Bespoke Goods.

 

9.15. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

 

9.16. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.

 

9.17. We may not accept your Order because any raw materials that make up the Goods and/or Bespoke Goods are out of stock or cannot be sourced, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods and/or Bespoke Goods, or because We are not able to meet a delivery deadline that you have set.

 

9.18. Once the Order Confirmation has been issued and the Contract entered into, you shall have a fourteen (14) day period starting from the date the Order Confirmation is issued and ending at 23:59;59 hrs on the 14th day after the date of the Order Confirmation to change your mind and cancel the Contract. Commencement of work on your Order shall not start until the end of this cancellation period.

 

9.18.1. If you exercise your right to cancel pursuant to this clause, your Contract will terminate immediately without any further liability from you and any payment made by you shall be refunded in full within 14 days from the date of the cancellation.

 

9.18.2. Should you wish to continue and commence production of your Order before the expiry of the 14 day cancellation period, you may waive your right to the remaining cancellation period by signing our waiver form before the end of the cancellation period.

 

9.18.3. You hereby acknowledge and accept that should you wish to cancel the Contract at a later date after the end of the full or reduced cancellation period pursuant to Clauses 9.18.1 or 9.18.2 above, We shall be entitled to deduct a reasonable sum from any refund that may be due to You (up to fifty per cent (50%) of the price of the Goods and/or Bespoke Goods) as compensation for any net costs incurred by Us as a result of such cancellation.

 

9.18.4. This 14-day cancellation period contained in this Clause ‎9.18 is in addition to and does not affect your statutory rights and shall take precedence when the statutory cooling off period outlined in Clause 15 does not apply.

 

10.  Payment
10.1. Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance.  Fifty per cent (50%) of the total price of the Order must be made at the time of placing the Order before We send the Order Confirmation. The remaining fifty per cent (50%), together with any additional sums as a result of changes in specifications and requirements made by you pursuant to Clause 9.4 above, shall be paid at least ten (10) business days prior to dispatch of the Goods and/or Bespoke Goods.

 

10.2. Payment terms and details will be supplied to you during the order process.

 

10.3. We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of four per cent (4%) per annum above the base lending rate of the Bank of England from time to time. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.

 

10.4. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Clause ‎10.3 on any sums disputed in good faith under this Clause ‎10.4.

 

11. When You Own the Goods and/or Bespoke Goods
Ownership of the Goods and/or Bespoke Goods passes to you once We have received payment in full in cleared funds of all sums due from you.

 

12. Delivery

12.1. We will aim to deliver all Goods and/or Bespoke Goods within the defined lead-time provided by us at the date of your order. This lead-time is set from the date on which your payment is received in our bank account and Wilson Benesch sends confirmation of this by way of an official Order Confirmation email. This lead-time is dependent on the specifications and requirements unless otherwise agreed or specified during the ordering process. This timeframe shall act as an estimate only and shall not be binding on Us. Time of delivery shall not be the essence of these Terms of Sale, any Order placed, any Order Confirmation or any resulting Contract.

 

12.2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

 

12.3. Once the Goods and/or the Bespoke Goods are ready for delivery, We will contact you to arrange for the final payment to be made in accordance with Clause ‎10.1 and to agree a suitable date and time for delivery and, if opted for, any professional installation of the Goods and/or Bespoke Goods by Our installers, such delivery and installation not to be less than ten (10) business days from the date of the final payment. Please note that We only deliver within the United Kingdom.

 

12.4. If final payment is not made in accordance with Clause 10.1 and you still do not make payment within seven days of Us reminding you that payment is due, We may suspend delivery of the Goods and/or Bespoke Goods until you have paid Us the outstanding amounts. We will contact you to tell you we are suspending supply of the products and you will be charged interest for any late payments in accordance with Clause 10.3 above.

 

12.5. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and/or Bespoke Goods or are unable to make the agreed delivery date, you must contact Us as soon as possible to re-arrange delivery and installation.

 

12.6. If you do not arrange to have the Goods and/or Bespoke Goods re-delivered and installed, We will contact you to ask for further instructions.

 

12.7. We may charge you for storage and for further delivery costs, together with any additional installation costs for failed installation visits. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery, We may end the Contract. If this happens, We will attempt to re-sell the Goods and/or Bespoke Goods within a period of three (3) months from the date We end the contract. You will be issued with a refund of the Goods and or Bespoke Goods only if such a resale has been completed within the stipulated time and in such instance, We shall deduct a reasonable sum from the net proceeds of such resale as compensation for any net costs incurred by Us as a result, including without limitation, any costs associated with the resale of the Goods and/or Bespoke Goods.

 

12.8. In the unlikely event that We do not deliver the Goods and/or Bespoke Goods, you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

a.     We have refused to deliver the Goods and/or Bespoke Goods;

b.     In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or

c.      You told Us when ordering the Goods and/or Bespoke Goods that delivery within the specified or agreed time period was essential.

 

12.9. If you do not wish to cancel under Clause 12.9, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

 

12.10. You may cancel all or part of your Order under Clauses 12.9 or 12.10 provided that separating the Goods and/or Bespoke Goods in your Order would not significantly reduce their value.

 

12.11. Any sums that you have already paid for cancelled Goods and/or Bespoke Goods and their delivery will be refunded to you.

 

12.12. If any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of collection. Please contact Us using the details provided above in Clause 3 to arrange collection.

 

12.13. Responsibility for the Goods and/or Bespoke Goods passes to you once We have delivered the Goods and/or Bespoke Goods to the address you have provided.

 

12.14. As explained in Clause ‎9.4, We will not be responsible for delivering Goods and/or Bespoke Goods late or for not delivering Goods and/or Bespoke Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

 

 

13. Faulty, Damaged, or Incorrect Goods and/or Bespoke Goods

13.1. This Clause 13 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.

 

13.2. The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:

 

a.     Beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them), you have a 30-calendar day right to reject them and to receive a full refund if they do not conform as stated above.

 

b.     If you do not wish to reject the Goods and/or Bespoke Goods, or if the 30 calendar day rejection period has expired, you may request a repair or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods and/or Bespoke Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.

 

c.      If, after a repair or replacement, the Goods and/or Bespoke Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods and/or Bespoke Goods at a reduced price, or to reject them in exchange for a refund.

 

d.     If you exercise the final right to reject more than six months after you have received the Goods and/or Bespoke Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods and/or Bespoke Goods.

 

e.     Within a period of six months after you have received the Goods and/or Bespoke Goods (and ownership of them), if the Goods and/or Bespoke Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods and/or Bespoke Goods, you must prove that the defect or non-conformity existed at the time of delivery.

 

f.      Any such repair or replacement pursuant to this Clause 13.2 shall only be made in the UK.

 

13.3. Please note that you will not be eligible to claim under this Clause 13 if:

 

a.     We informed you of the problem(s) with the Goods and/or Bespoke Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or

 

b.     You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or

 

c.      You have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods and/or Bespoke Goods for that purpose; or

 

d.     The product(s) in question is/are Bespoke Goods and the problem(s) is/are a result of your provision of incorrect information, rather than the Bespoke Goods not being as described, fit for purpose, or of satisfactory quality for reasons that would otherwise entitle you to claim under this Clause 13;

 

e.     The problem(s) is/are the result of normal wear and tear; or

 

f.      You have changed your mind (please refer to Clause ‎15).

 

13.4. If there is a problem with the Goods and/or Bespoke Goods, please contact Us using the details provided above in Clause 3.

 

13.5. If you exercise your legal right to reject the Goods and/or Bespoke Goods, you must return them to Us.

 

13.6. To return Goods and/or Bespoke Goods to Us for any reason under this Clause ‎13, please arrange for their collection, or return them in person.

 

13.7. In addition to your statutory rights as a consumer, We warrant that the goods supplied will be free from manufacturing defects in materials and workmanship for ninety (90) days from the date of shipment of the Goods and/or Bespoke Goods. Full details of the warranty, together with a list of limitations and conditions are set out and available on our website at https://wilson-benesch.com/warranty/ and include, inter alia:

 

a.     the right to extend the warranty for a period of five (5) years upon following the correct procedure;

 

b.     limiting the warranty to You as the original purchaser of the Goods and/or Bespoke Goods within the UK; and

 

c.      limitations on the warranty for, inter alia, failure to follow any instruction manual as to the use or maintenance, or any alteration, service or repair carried out by anyone other than Us or anyone in the UK authorised by;

 

Provided the conditions of the warranty have been met, you shall return the Goods and/or Bespoke Goods at your own cost in accordance with the procedures laid out therein. We shall repair the defect in materials and workmanship and return the items to you at Our cost. Should it be deemed, after we receive the Goods and/or Bespoke Goods that the warranty has been invalidated because the conditions and/or procedure have not been met, We shall notify you of the same, together with a quotation for the repair and should you wish to proceed with the repair, We shall perform the repair and return the Goods and/or Bespoke Goods at your cost. Should you not wish to continue with the repair, We shall return the Goods and/or Bespoke Goods at your cost.

 

14. Your Rights to Cancel and End the Contract
14.1. We provide a non-statutory cancellation period should you wish to cancel the Contract before production begins. Please refer to Clause 9.18, above, for more information.

 

14.2. If the Goods and/or Bespoke Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods and/or Bespoke Goods repaired or replaced, or to get a full or partial refund. Please refer to Clause 3, above, for more information.

14.3. If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Clause ‎15, below, for more information.

14.4. If you wish to end the Contract because of something We have done or are going to do, please refer to Clause ‎16, below, for more information.

15.  Cancelling and Ending the Contract if You Change Your Mind
15.1. If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason, subject to the exceptions stated below. This 14-calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.

 

15.2. If the Goods (not Bespoke Goods) are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods and signs the delivery sheet.

15.3. If the Goods (not Bespoke Goods) are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

15.4. If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, Our contact details are provided above in Clause 3.

15.5. Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 hrs on the final day of the cooling-off period, your cancellation will be valid and accepted.

15.6. The “cooling-off” period contained in this Clause 15 does not apply to Bespoke Goods. However, You will continue to have the non-statutory cancellation period contained in Clause 9.18 in respect of Bespoke Goods.

16.  Cancelling and Ending the Contract Because of Something We Have Done or Will Do

16.1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:

 

16.2. We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Clause 5.1);

16.3. We have informed you about an upcoming change to the Goods and/or Bespoke Goods that you do not agree to (see Clause ‎7.4);

16.4. We have informed you about an error in the price or description of the Goods and/or Bespoke Goods and you do not wish to proceed;

16.5. You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods and/or Bespoke Goods on time and the circumstances in Clause ‎12.8 or ‎12.9 apply).

16.6. If you cancel and end the Contract for any of the reasons set out in this Clause ‎16, the Contract will end immediately, and you will receive a full refund for any Goods and/or Bespoke Goods which have not yet been provided. You may also be entitled to compensation.

16.7. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, Our contact details are provided above in Clause 3.

 

17.  Returning Goods and/or Bespoke Goods After Cancelling and Ending the Contract

17.1. Subject to your right to partially cancel your Order under Clause 12.11, if you cancel and end the Contract for any reason after Goods and/or Bespoke Goods have been dispatched or delivered to you, you must return the Goods and/or Bespoke Goods to Us or arrange for their collection. Please contact Us using the details provided above in Clause 3 to arrange collection.

 

17.2. If you are exercising your right to change your mind under the cooling-off period as set out in Clause ‎15, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel. Goods must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Goods in accordance with Clause ‎18.

 

17.3. If you are returning the Goods and/or Bespoke Goods to Us in person instead of having them collected, they can be returned during Our business hours of 9.00 am to 5.00 pm on any weekday, other than a bank holiday.

 

17.4. We will cover the costs of returning the Goods and/or Bespoke Goods to Us in the following circumstances:

 

a.     The Goods and/or Bespoke Goods are faulty or misdescribed;

 

b.     You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;

 

c.      You are cancelling and ending the Contract because of upcoming changes to the Goods and/or Bespoke Goods that you do not agree to;

 

d.     You are cancelling and ending the Contract because We have made an error in the price or description;

 

e.     You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods and/or the Bespoke Goods on time and the circumstances in Clause 12.9 or 12.10 apply).

 

17.5. In all other circumstances including where you are exercising your right to change your mind under the cooling-off period and where you are exercising your rights under the warranty under Clause ‎13.7, you must cover the costs of returning the Goods and/or Bespoke Goods to Us.

17.6. If you are responsible for the costs of returning the Goods and/or Bespoke Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods and/or Bespoke Goods.

 

18.  Refunds
18.1. All refunds due to you will be made using the same method used by you when paying for the Goods and/or Bespoke Goods. You will be refunded the price paid for the Goods and/or Bespoke Goods and for delivery, subject to the following limitations and deductions:

 

a. If You wish to cancel the Contract at the end of the cancellation period (as may be reduced) pursuant to Clause 9.18 above or the cooling-off period contained in Clause 15 does not apply (including, but not limited to Bespoke Goods), We may reduce your refund by a reasonable sum (up to fifty per cent (50%) of the price of the Goods and/or Bespoke Goods) as compensation for any net costs incurred by Us as a result of such cancellation.

 

b. If You are exercising your right to change your mind under the cooling-off period contained in Clause 15, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.

 

c. Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded. We do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is 3 to 5 days, but you select next day delivery, your refund for delivery charges will only be equivalent to the cost of the cheaper option.

 

18.2. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period pursuant to Clause 15, We will issue your refund within 14 calendar days of:

 

a.     The day on which We receive the returned Goods;

b.     The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);

c.      If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or

 

d.     If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

 

19. Our Liability to Consumers

19.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

 

19.2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

 

19.3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

 

19.4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Clause ‎12.

 

20. Complaints and Feedback

20.1. We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

 

20.2. All complaints are handled in accordance with Our complaints handling policy and procedure, available by contacting Us.

 

20.3. If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Clause 3.

 

21. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available from https://wilson-benesch.com/privacy-policy/.

 

22. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

 

23.  Other Important Terms

23.1. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

 

23.2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

 

23.3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

 

23.4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

 

24. Alternative Dispute Resolution

24.1. Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court.

 

24.2. Our ADR provider is CEDR. If you are unhappy with how We have handled your complaint, you may wish to contact CEDR.

 

24.3. Complaints can be submitted to CEDR via their website at www.cedr.com.

 

24.4. CEDR will not charge you for making a complaint, and you may still bring legal proceedings if you are not satisfied with the outcome of the ADR.

 

25. Law and Jurisdiction

25.1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

 

25.2. Any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.