Conditions of
Use
General
These terms and conditions will apply to all transactions placed online,
by e-mail, telephone or by post with Westerly peaks Ltd.
Please read carefully before placing any order. All contracts shall be governed
by and construed in accordance with the relevant UK law and any dispute between
us will be resolved exclusively in the relevant UK court. By using this site
you are agreeing to these terms and conditions. All references to the 'company',
'us' or 'we' will refer to westerly Peaks Ltd. All references to the customer
shall mean the person or persons purchasing or agreeing to purchase goods
from the company. All references to the Web Site shall include reference
to all URL's owned by Westerly Peaks Ltd.
Prices
All prices are shown in pound sterling (£) (GBP) and are inclusive
of UK VAT at the current rate. All prices are subject to change and
any changes will be notified to the consumer before dispatch and consumer
is free to cancel, without penalty.
Customers from non EU countries and certain BFPO customers can purchase goods
VAT free, please email us for details.
Prices and specifications are checked to the best of our ability, and whilst
every effort has been made to make them accurate, no responsibility will
be accepted for errors and omissions. We reserve the right to alter our prices
and specifications without notice.
Orders
Presently we accept orders online and over the telephone. All credit /debit
card transactions are subject to validation checks and are authorised by
the card issuer. We accept MasterCard, Visa, Delta, Switch and Solo, we do
not accept Amex cards. If the issuer of your card refuses to authorise
payment to us, we will not be liable for any delay and / or non-delivery
of your order. No orders will be accepted or processed without a valid card
payment in the name of the registered cardholder.
Delivery
Every effort is made to ensure that delivery is made to the UK and Northern
Ireland within the estimated time scales and a maximum of 21 days. All
goods are subject to availability. In the event that we are unable to supply
your goods quickly we will inform you as soon as possible and
advise you of the expected delivery date. Outstanding orders / items can
be cancelled at any time.
In the event of any goods delivered by us being damaged in transit, deficient
of items shown on the delivery note or failing to match the items ordered
by you, then such details must be notified by you to us. Liability in such
cases is limited to the value of those items and any foreseeable consequential
loss.
Return of goods
We want you to be entirely satisfied with every purchase made from Westerly
Peaks Ltd and strive to offer you excellent quality, value and service at
all times. We accept there may be several types of returns, please
contact us before returning goods to make sure we know they are being returned
and the reason for their return.
Safety and climbing equipment, computer software and custom orders are
non-exchangeable and non-returnable. This does not affect your statutory
rights as a consumer.
Unwanted products being returned.
If you have changed your mind regarding goods received, send the item(s) back
to us with the original packaging and labelling attached. Subject to the
goods being returned to us and accepted by us as being in an unused
condition and complete, we will refund the complete cost of the initial purchase.
Goods are to be returned at the purchasers expense unless a warranty claim
is being made.
Exchange of goods
Any customer who sends a product back to us for exchange which is
not faulty will be liable to pay postage charges incurred by us for
the return of the replacement product (minimum charge of £5.00).
If the postage charge is likely to be more than the minimum charge this
will be agreed with the customer before the replacement is sent.
Unused faulty products to be returned
If you wish to return any unused item due to it being faulty, please return
the product to us and give details of the fault in writing. We or upon
reference to the manufacturer, will then assess the fault, if we or the
manufacturer agree there is a fault we will offer an exchange or a refund
of the full cost including any agreed postage charges incurred by
you in their return. We will refund only agreed costs of postage charges
incurred by you in connection with your return, please contact us before
you make your return.
Used faulty products to be returned
If you wish to return any item which has developed a fault after use, please
return the product to us and give details of the fault in writing.
We will assess the fault then and if we and/or the manufacturer agree
there is a fault we may offer a repair, or an exchange where the fault
is agreed as a manufacturing fault. Goods are to be returned at the purchasers
expense unless a warranty claim is being made. Please ensure the goods
are returned in a clean condition, if in our opinion the goods are not
clean they will be returned to you without any inspection by our staff.
Warranty claim products to be returned
All products are subject to the normal manufacturers warranty. In the event
of a warranty claim, please return the item to us with an advice of
the fault in writing. Please identify clearly the area or part that has
failed. All items should be returned in a clean, dry condition, otherwise
they may be returned to you without attention. Further advice is available
by contacting us (01738 632368) during our business hours.
Distance Selling Regulations
You have a right to cancel your order within 7 working days following the
day after the date of delivery for any unused item purchased through the
website. This does not apply to any perishable goods, specially ordered
customised item, personalised or made to your specification.
To cancel any order, you can phone, e-mail, fax or write to us quoting
your name or order number. You should take reasonable care of
the items, retain all original packaging and must not use them. All goods
are returned at your own expense unless the item is agreed as faulty or
incorrect.
Providing the goods are received back in an unused condition and in their
original packaging with all accessories, you will receive a refund within
thirty days of your notice to cancel.
This does not affect your statutory rights, in relation to faulty or wrongly
described goods, details of which can be obtained from Consumer Direct
(the Government’s consumer advice helpline) or your local Trading
Standards Office.
Pricing and Print Errors
Prices and specifications are checked to the best of our ability, and whilst
every effort has been made to make them accurate, no responsibility will
be accepted for errors and omissions. We reserve the right to alter our
prices and specifications without notice.
Ownership of Goods
All items supplied to the customer remain the property of Westerly Peaks
Ltd until final payment of all sums owing in respect of those goods has
been received in full by us.
Complaints
We will endeavour to deal with any complaint within five working days
of receipt. In the event where we cannot resolve your complaint immediately
we will advise a likely time scale to you and keep you informed of any
investigation.
Security
Our payment forms are secure and protected by Paypal. You can be assured
that our full online trading site uses the standard means of internet security
that, as consumers, we all like to see in place.
Access to information (data)
You can gain access to information that we may hold about you by telephone
on 01738 632368, between the hours of 9am and 5.30pm Monday to Saturday. If
you should have any queries regarding our privacy policy or terms and conditions,
please contact us.
Shipping Information
Once we have received your order, we will confirm current stock availability
and advise the likely dispatch date for any item not in stock we need to
order from our suppliers. We do not charge your credit or debit card until
the goods are ready to post. We will send your order by Interlink express
Courier, Royal Mail Registered Post, Parcel post or Special Delivery Next
Day (if requested). We send orders Monday to Friday only with no weekend
despatch.
All our deliveries either by Royal Mail or our courier service will require
a signature at the requested delivery address.
Postage costs to the UK and Northern Ireland (excluding the Channel Islands)
All orders of any value will be subject to our standard postal charge of £6.00
Next Day Deliveries will be charged at £10.00 to UK addresses. Northern
Ireland Next Day will be charged at £15.00
Next Day pre 10am, Pre 12 am and Saturday delivery is available at increased
cost to UK addresses (excluding Northern Ireland), please contact us for
prices.
Delivery Times
All in stock orders will be sent quickly and standard delivery usually
arrives within 2-4 working days. Every effort is made to ensure that delivery
is made within the estimated time scales and a maximum of 21 days.
We will advise by email or by phone of a likely delivery date for any items
we need to order from our suppliers.