Terms & conditions from FWB
General Terms of Business
1. Online Orders
These Terms and Conditions govern the supply of goods sold by fwb Products Limited ("we" and "us"), registered no. 1660947, of Whieldon Road, Stoke on Trent, Staffordshire, ST4 4JE to the customer named on the order form provided on the FWB website ("you"). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.
We offer goods for sale through our website www.fwb.co.uk, our catalogue and our trade centres. Prices advertised on the website are for online purchases only.
All our goods are offered to you on a payment with order basis and is accepted by most credit/debit cards. Our trade centres also accept cash. We will only accept your order if it is accompanied by payment in full including any carriage charges (if applicable).
We will normally dispatch your goods the same or following working day from receipt of your order. Title in the goods will pass to you as soon as they are dispatched by us.
We will deliver your order to any UK address. Our standard delivery uses a national carrier. We reserve the right to use an alternative carrier or delivery service without notice or refund. In most cases, you will receive your goods on the next working day following dispatch. A valid signature will be required on delivery. In the unlikely event that you have not received all the goods within 21 days of the date of order, you must notify us immediately. See Delivery Information for more details.
We endeavour to hold sufficient stock to meet all orders. However, on occasions of unexpectedly high demand we may unfortunately run out. If this happens we may delay despatch of your order until new stock is obtained. We also reserve the right, at our sole discretion, to supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days. Quantities and measurements are approximate. Exact products may vary from the images shown and are subject to availability.
You may contact us at any time to check on the progress of your order.
If you wish to cancel your order, you may do so at any time leading up to the time of dispatch. If you wish to cancel your order you must telephone us and we will confirm whether it is possible to cancel the order.
Once your order has been dispatched, you may return the goods for a full refund within 30 days of the date of dispatch, without giving a reason, provided the goods are in the original packaging and condition. In this situation it is your responsibility and cost to return the goods to us. However, if the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, then we will meet the cost of the return but we ask that you allow us to nominate the carrier. See Returns Procedure for more details.
9. 12 Month Guarantee
If any of the goods we supply fail to perform satisfactorily due to faulty materials or workmanship you may return them to us at any time during the first 12 months. In these circumstances, a refund will be made, provided full details are given in respect of the problem and details provided regarding the original purchase.
Some of the products we sell carry longer manufacturers' warranties; our guarantee is not intended as a substitute for the manufacturers'.
5. If You Are a Consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from us if you are at least 18 years old.
5.2 Certain Products on our site, in our catalogues and in our trade centres can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site, our catalogue or at our trade centres. By placing an order via our site for such Products you are confirming that you are at least 18 years old and that the person who is to receive the Products is also at least 18 years old.
5.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If You Are a Business Customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
7. How the Contract Is Formed Between You and Us
Purchases via our site and catalogue
7.1 Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 Your order will be accepted and the Contract between us formed only when we dispatch the Products.
7.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site or in our catalogues as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will:
7.3.1 delay dispatch of the Products to you for a reasonable time until we have the Products available in stock;
7.3.2 dispatch to you Products which are a substitute of equivalent quality and price to the Products you ordered;
7.3.3 or refund the price of the Products to you as soon as possible and in any event within 30 days.
7.3.4 refund you the full amount as soon as possible and in any event within 30 days.
8.Our Right to Vary These Terms
8.1 We may revise these Terms from time to time in the following circumstances:
8.1.1changes in how we accept payment from you; and
8.1.2 changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance wi
9. Your Cancellation and Refund Rights If You Are a Consumer
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer and have purchased Products via our site or over the telephone, you may cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a full refund if:
9.1.1 The Products are returned to us within 30 days of the date upon which the Products were delivered to you; and
9.1.2 The Products are in the same packaging and condition as they were when they were dispatched to you by us.
9.2 Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 You may cancel a Contract from the date upon which we dispatch the Products, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by contacting our Customer Services telephone line.
9.5 You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
9.8.1 you must return the Products to us as soon as reasonably practicable;
9.8.2 unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
9.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.10 For further information relating to returns please see our Returns Procedure.
10. Your Cancellation and Refund Rights If You Are a Business
10.1 If you wish to return the Products to us then you may do so at your own cost and receive a full refund of the price of the Goods provided that:
10.1.1 the Products are returned to us within 30 days of the date of despatch of the Products to you; and
10.1.2 the Products are in the same packaging and condition as they were when dispatched to you by us.
10.2 If Products are returned to us because they are faulty, the incorrect products or any substitute products we send to you are unsuitable then such Products may be returned to us at our cost via a carrier selected by us.
10.3 Products which are not ordinarily held in stock by us and which have been specifically ordered from a third party on your behalf (“Special Products”) may not be returned to us.
10.4 For further information in relation to returns please see our Returns Procedure.
11. Restocking charge
11.1 If Products are returned to us because you ordered them incorrectly then a 15% restocking charge will apply to the return of those Products.
12. Delivery Purchases via our site and catalogue
12.1 We will dispatch your order by the next working day following the date of your order unless there is an Event Outside Our Control.
12.2 We will normally select a national carrier to deliver the Products to you but we reserve the right to use an alternative carrier or delivery service without notice or refund.
12.3 If the carrier that we have selected fails to deliver the Products to you within 21 days of the date of your order please notify us immediately.
12.4 Delivery will be completed when we deliver the Products to the address you gave us.
12.5 The Products will be your responsibility from the completion of our dispatch of the Products to you.
12.6 You own the Products once we have received payment in full, including all applicable delivery charges.Purchases at our trade centres
12.7 Delivery will be completed when you collect the Products from one of our trade centres.
12.8 The Products will be your responsibility from the completion of your collection of the Products.
12.9 You own the Products once we have received payment in full.
12.10 For more information in relation to delivery please see our Delivery Information.
13. No International Delivery
13.1 Unfortunately, we do not deliver to addresses outside the UK.
13.2 You may place an order for Products from outside the UK, but this order must be for delivered to an address in the UK.
14. Price of Products and Delivery Charges
14.1 The prices of the Products will be as quoted on our site and in our catalogues from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 14.5 for what happens in this event.
14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Information.
14.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
14.5.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as miss-priced, we do not have to provide the Products to you at the incorrect (lower) price;
14.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14.6 Prices listed on our website are specific to the website and apply exclusively to product bought through the website.
15. Online Discounts and Promotions
15.1 Discounts and promotions offered via our site relate only to Products purchased via our site and only one discount or promotion may be used at any one time.
15.2 Discounts and promotions cannot be redeemed against delivery charges or gift vouchers and there are no cash alternatives to discounts and promotions.
15.3 We reserve the right to withdraw discounts and promotions at any time.
16. How to Pay
16.1 You can only pay for Products via our site or over the telephone using a debit card or credit card.
16.2 You can pay for Products purchased at our trade centres using a debit card or credit card or in cash.
16.3 Payment for the Products and all applicable delivery charges is in advance.
17. Manufacturer Guarantees
17.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
17.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
18. Our Warranty for the Products
18.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 18.2.
18.2 The warranty in clause 18.1 does not apply to any defect in the Products arising from:
18.2.1 fair wear and tear;
18.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
18.2.3 if you fail to operate or use the Products in accordance with the user instructions;
18.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
18.2.5 any specification provided by you.
18.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
19. Our Liability If You Are a Business
This clause 19 only applies if you are a business customer.
19.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
19.2 Nothing in these Terms limits or excludes our liability for:
19.2.1 death or personal injury caused by our negligence;
19.2.2 fraud or fraudulent misrepresentation;
19.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
19.2.4 defective products under the Consumer Protection Act 1987.
19.3 Subject to clause 19.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
19.3.1 any loss of profits, sales, business, or revenue;
19.3.2 loss or corruption of data, information or software;
19.3.3 loss of business opportunity;
19.3.4 loss of anticipated savings;
19.3.5 loss of goodwill; or
19.3.6 any indirect or consequential loss.
19.4 Subject to clause 19.2 and clause 19.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
19.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
20. Our Liability If You Are a Consumer
This clause 20 only applies if you are a consumer.
20.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
20.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 We do not in any way exclude or limit our liability for:
20.3.1 death or personal injury caused by our negligence;
20.3.2 fraud or fraudulent misrepresentation;
20.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
20.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
20.3.5 defective products under the Consumer Protection Act 1987.
21. Events Outside Our Control
21.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
21.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
21.3.1 we will contact you as soon as reasonably possible to notify you; and
21.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
22. Communications Between Us
22.1 When we refer, in these Terms, to "in writing", this will include e-mail.
22.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to FWB Products Limited at Whieldon Road, Stoke-on-Trent, Staffordshire, ST4 4JE. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
22.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
22.4 If you are a business, please note that any notice given by you to us, or by us to you, 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.
23. Other Important Terms
23.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
23.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the our warranty in clause 18 to the recipient of the gift without needing to ask our consent.
23.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 18, but we and you will not need their consent to cancel or make any changes to these Terms.
23.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
23.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.