Terms and Conditions of Sale
This section (together with the documents referred to in it) tells you the terms and conditions on which Werner UK Sales & Distribution Limited supplies any of the products (Products) listed on our website youngmanaccess.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Once you have read and understood our Website Terms and Conditions of Supply please tick the box marked "I accept the Werner UK Sales & Distribution Limited Website Terms and Conditions of Supply" when prompted to do so during our online order process. Should you not wish to accept our Website Terms and Conditions of Supply, you will not be able to order any Products from our site.
1. Information about us
youngmanaccess.com is a site operated by Werner UK Sales & Distribution Limited (we). We are registered in England and Wales under company number 00939028 and with our registered office at Blackwater Trading Estate, The Causeway, Maldon, Essex, United Kingdom CM9 4LJ, UK. This is also our main trading address. Our VAT number is 501 361792.
2. Service availability
Our site is only intended for use by people resident in the UK Mainland. We do not accept orders from individuals outside the UK Mainland.
3. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; [and]
(b) You are at least 18 years old;
(c) You are resident in the UK Mainland; and
(d) You are accessing our site from the UK Mainland.
4. How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Our status
Please note that we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Consumer rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy (set out in clause 10 below).
To cancel a Contract, you must inform us in writing or by e-mail. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk in accordance with our returns policy (set out in clause 10 below). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days OR a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price and payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with:
- Delta/Visa Debit
Your credit or debit card will be charged on the completion of the online payment transaction.
10. Our returns policy
Inspection upon delivery
You shall inspect a Product immediately upon receipt and shall notify us within 7 days of delivery if you believe the Product to be defective. If you fail to do so you shall be deemed to have accepted the Product.
When you return a Product to us:
(a) If you are a consumer, you have the right to cancel the Contract between us, by notifying us in writing or by e-mail, within the seven-day cooling off period starting the day after receipt of the goods. Following return of the Product in line with the return conditions below, we will process the refund due to you as soon as possible and, in any case, within 30 days of issuing the Returns Authorisation Number (see below). In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) If you believe the Product to be defective, you should return the Product in line with the conditions below. We will examine the returned Product to confirm any defects and to ensure that the return conditions have been met. We will then notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of issuing the Returns Authorisation Number (see below).
No refund will be issued before the Product has been returned and inspected.
Products returned by you that prove to be defective will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Product found to have been damaged due to misuse will not qualify for a refund.
Where returning Product, the following conditions must apply, otherwise Werner UK Sales & Distribution Limited may refuse to accept the goods and/or give a refund:
- Product must be in as new condition.
- Product must be returned complete (including all packaging, manuals, etc for that product). If any item is missing when received, the product is deemed incomplete.
- The packaging of the Product must be undamaged and unmarked.
- A Returns Authorisation Number (RAN) must be obtained from the Werner UK Sales & Distribution Limited [United Kingdom (0)1621 745900], prior to returning the Product. You will be asked to provide details of either our invoice number or sales order number (this is shown on the delivery ticket), so please have these to hand to speed up the process.
- The Returns Authorisation Number (RAN) must be clearly displayed with the returned Product otherwise the product will be rejected and returned to the sender.
- All Product must be returned within 7 days of the RAN being issued.
- The Product remains the customers responsibility during transit until signed for on receipt by Werner UK Sales & Distribution Limited.
- If the Product is not defective, it may be returned outside the 7 day return period up to 30 days from receipt. In this case, however, an administration charge of 10% of the invoice value of the goods will apply, subject to a minimum administration charge of £10.
Werner UK Sales & Distribution Limited will not accept returned product without a Returns Authorisation Number.
11. Our liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
All spare parts should be fitted by a qualified and competent person and we do not accept any liability for the incorrect selection or fitting of spare parts purchased via our website.
12. Import duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Werner UK Sales & Distribution Limited at Blackwater Trading Estate, The Causeway, Maldon, Essex CM9 4LJ United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms and Conditions.
Our brochures and other literature are for guidance only and (in the absence of fraud on our part) shall not constitute representations by us.
20. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Your Privacy
22. Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.