These Terms and Conditions will apply to the purchase of Goods by the buyer, (the Customer or you) from (the Supplier, or us or we) via the Website www.facemaskwarehouse.co.uk or bought offline.
We are Face Mask Warehouse which is a trading name for Protection Wear Ltd a company registered under no 12603028 in England and Wales whose registered office is at The Stable Yard, Vicarage Road, Stony Stratford MK11 1BN and whose trading address is Unit 3 Brunel Gate, Telford Close, Aylesbury, Bucks. HP19 8AR, phone 0330 111 5656 and email is email@example.com
These Terms and Conditions will be deemed to have been accepted by you when you i) order Goods on the website ii) when you accept the quotation or the goods iii) or from the date of any delivery of the Goods, whichever happens earlier.
You can purchase the Goods from the Website only if you are eligible to enter into a contract and are at least 18 years old.
These Terms and Conditions apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
A “business day” means any day other than a Saturday, Sunday or Bank Holiday in England and Wales.
The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
Words imparting the singular number include the plural and vice-versa.
Contract means the legally binding agreement between you and us for the supply of Goods.
Delivery location means the location where Goods are to be supplied as set out in the Order.
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website.
Website means our website www.facemaskwarehouse.co.uk
The description of the Goods is as set out in the Website and sales documentation, unless expressly changed in a quotation by us.
Any description of Goods is for illustrative purposes only and there may be small discrepancies in the size and colour of Goods supplied.
In accepting a quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us.
We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory regulatory requirements.
In the case of Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
Basis for Sale
The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the website. You can amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
Any quotation is valid for a maximum period of 15 days from its date unless we expressly withdraw it at an earlier time.
The price of the Goods and any delivery or other charges is that set out on the Website at the date of order or in our quotation current at the date of your order or such other price as we may agree in writing.
If the cost of the Goods to us increases due to any factor beyond our control, including but not limited to material costs, labour costs, alteration of exchange rates or changes to delivery rates, we can increase the Price prior to delivery.
Any increase in the Price under the clause above will only take place after we have told you about it.
You may be entitled to discounts for very large orders. Any and all discounts will be at our discretion.
The price includes packaging and delivery to England, Wales, Scottish Lowlands.
Prices and charges do not include VAT or any other taxes or levies which are imposed or charged by any competent authority. VAT will be applied to the ex-VAT prices at the rate applicable at the time of the order.
You must pay by submitting your credit or debit card details with your order and we can take payment immediately.
Payment is possible by electronic bank transfer for very large orders.
Goods will be despatched once payment has been received.
Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
We will deliver the Goods to the Delivery location. Due to the Coronavirus situation, deliveries may be delayed.
For reasons of hygiene, masks are not returnable once the packaging has been opened.
You must inspect the Goods on delivery or collection.
If you identify any damages or shortages, you must inform the delivery driver immediately and write “damaged” on their paperwork or electronic pads.
We will arrange delivery of the Goods to the address specified in your order, or to another location if it is agreed in writing.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am and 8pm.
If you do not take delivery of the Goods we will take them back and re-stock them. You will be invoiced a re-stocking charge of 25% of the value of the order.
If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this.
Any dates quoted for delivery are approximate only. We will not be liable for any delay in delivery of the Goods that is caused by circumstances beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
We can deliver the Goods by instalments. These may be invoiced and paid for separately. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.
Inspection and acceptance of Goods
For reasons of hygiene, masks are not usually returnable.
You must inspect the Goods on delivery or collection.
Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
We will be under no liability or further obligation in relation to the Goods if:
a) You make any further use of the Goods after giving notice relating to shortages or damage;
b) The defect arises because you did not follow our oral or written instructions about the storage, use and maintenance of the Goods;
c) The defect arises from wear and tear;
d) The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
You bear the risk and cost of returning the Goods.
Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 3 days after delivery.
We deliver free of charge to addresses in England and Wales, Scottish Lowlands. Charges apply to other delivery addresses. These will be made clear during the ordering process.
Risk and Title
The risk in the Goods and their usage will pass to you when the Goods are delivered to you.
Title to the Goods will not pass to you until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Limitation of liability
Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods for:
Any indirect, special or consequential loss, damage, costs or expenses; and/or any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other third-party claims; and/or
Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
Any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
Any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party) and must be addressed to the most recent address, email address notified to the other party.
We automatically collect some information about you when you contact us through the website, by telephone, post, e-mail or through other means. This information helps us to take your order, deliver the goods, answer your enquiries, make improvements to website. This personal data includes your name, phone number, company name and address, your IP address, the date, time you access the Website.
We process personal data only to the extent reasonably required to enable us to provide the goods as mentioned in these terms and conditions.
We do not retain any personal data longer than necessary.
We do not disclose data to any third parties other than employees, directors, agents, transporters on a strict “need to know” basis and only under the same conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
We will use technical and organisational measures to safeguard your Data e.g.
a. Access to your account is by a password and a user name that is unique to you.
b. We store your Data on secure servers.
c. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately: firstname.lastname@example.org
Circumstances beyond the control of either party
68. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond their reasonable control. Such causes include, but are not limited to, the Covid-19 pandemic, other pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, the UK leaving the European Union, or any other event that is beyond the control of the party in question.
No waiver by us of any breach of these Terms and Conditions by you, shall be considered as a waiver of any subsequent breach of the same or any other provision.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions which will remain valid and enforceable.
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement, including non-contractual disputes or claims, shall be subject to the exclusive jurisdiction of the English and Welsh courts.