Terms and Conditions of Sale
DEFINITIONS
"Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller;
"Consumer" shall have the meaning ascribed in section 12 of
the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer
for the sale and purchase of Goods incorporating these Terms and
Conditions;
"Goods" means the articles that the Buyer agrees to buy from
the Seller;
"Seller" means WebHost Automation of Kings House, 14 Orchard
Street, Bristol, BS1 5EH, UK that owns and operates WebHost
Automation;
"Terms and Conditions" means the terms and conditions of sale
set out in this agreement and any special terms and conditions
agreed in writing by the Seller;
"Website" means this website.
CONDITIONS
Nothing in these Terms and Conditions shall affect the Buyer’s
statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for
the sale of Goods by the Seller to the Buyer and shall prevail over
any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer’s acceptance of these Terms and
Conditions.
Any variation to these Terms and Conditions (including any
special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller.
Any complaints should be addressed to the Seller's by email to
sales@webhostautomation.com
or by writing to Kings House, 14 Orchard Street, Bristol, BS1 5EH,
UK
ORDERING
All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant to these Terms and Conditions and
are subject to acceptance by the Seller. The Seller may
choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from
stock the Buyer shall be notified and given the option to either
wait until the Goods are available from stock or cancel the order
and receive a full refund within 30 days.
When making an order through the Website, the technical steps
the Buyer needs to take to complete the order process are described
in the Order Process section within the website.
WebHost Automation Limited uses 128 bit SSL to encrypt all
sensitive information transmitted to payment systems during the
purchase procedure.
This purchase will appear on your
credit card statement as "WEBHOSTAUTOMATION.COM
BRISTOL".
PRICE AND PAYMENT
The price of the Goods shall be that stipulated on the
Website. The price is exclusive of VAT, where
applicable.
The total purchase price, including VAT, if any, will be
displayed in the Buyer’s shopping cart prior to confirming the
order.
After the order is received the Seller shall confirm by email
the details, description and price for the Goods.
Payment must be made in full before dispatch of the Goods,
unless credit facilities have been granted by WebHost
Automation.
RIGHTS OF SELLER
The Seller reserves the right to periodically update prices on
the Website, which cannot be guaranteed for any period of
time. The Seller shall make every effort to ensure prices are
correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the
Website at any time.
The Seller shall not be liable to anyone for withdrawing any
Goods from the Website or for refusing to process an order.
AGE OF CONSENT
Where Goods may only be purchased by persons of a certain age
the Buyer will be asked when placing an order to declare that they
are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled
to order certain Goods, the Seller shall be entitled to cancel the
order immediately, without notice.
WARRANTY
The Seller warrants that the Goods will at the time of
dispatch correspond to the description given by the Seller.
Except where the Buyer is dealing as a Consumer, all other
warranties, conditions, or terms relating to fitness for purpose,
merchantability or condition of the Goods, whether implied by
Statute, common law or otherwise are excluded, and the Buyer is
satisfied as to the suitability of the Goods for the Buyer’s
purpose.
DELIVERY
Immediately upon successful payment you will receive an
automated receipt from our us. Please print an retain a copy
of this and retain in a safe place for future reference. Your
unique order reference number will be on this receipt and should be
used for all enquires about your order.
We will respond
to all enquiries within 1 business working days. Our trading
hours are Moday-Friday 8am-5.30pm. Normally we will respond within
2 hours of receiving your enquiry.
Goods supplied normally be delivered within 1 working
day of acceptance of order.
In some cases it may be necessary to manually confirm that an
order is not fradulent. If further information is required
the Buyer will be notified by email.
LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as
a Consumer, in the event of any breach of these Terms and
Conditions by the Seller the remedies of the Buyer shall be limited
to damages which shall in no circumstances exceed the Price of the
Goods and the Seller shall under no circumstances be liable for any
indirect, incidental or consequential loss or damage
whatever.
Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury resulting
from the negligence of the Seller or that of the Seller’s agents or
employees.
WAIVER
No waiver by the Seller (whether express or implied) in
enforcing any of its rights under this contract shall prejudice its
rights to do so in the future.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to
perform any of its obligations if the delay or failure results from
events or circumstances outside its reasonable control, including
but not limited to acts of God, strikes, lock outs, accidents, war,
fire, failure of any communications, telecommunications or computer
system, breakdown of plant or machinery or shortage or
unavailability of raw materials from a natural source of supply,
and the Seller shall be entitled to a reasonable extension of its
obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and
effect as if these Terms and Conditions had been agreed with the
invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and
Conditions at any time but this right shall not affect the existing
Terms and Conditions accepted by the Buyer upon making a
purchase.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and the parties hereby submit
to the exclusive jurisdiction of the English court.