Webstore Conditions of Sale
1. INTRODUCTION
The following are governed by these Webstore Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with RW Pierce (NI) Limited. (registered in Northern Ireland with company registration number NI029923, with registered office at 17 Dargan Crescent, Belfast, BT3 9RP, Northern Ireland and VAT registration number GB 286 5846 05), referred to herein as “RW Pierce” or “we”, “us” or “our”, on our Website.
Before using the RW Pierce website and associated webpages (the “Website”) and/or placing an order, we kindly ask you to carefully review all the terms included in these Conditions of Sales together with the Privacy Policy and the Website Terms of Use and any additional conditions that may appear on the Website from time to time such as during promotions or campaigns.
Each website order placed with RW Pierce or any of its affiliated companies shall be governed by the present Webstore Conditions of Sales.
Our Webstore Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read these Webstore Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the Webstore Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
You may download, save and/or print a copy of your order receipt confirmation email and these Webstore Conditions of Sales for your records.
2. ORDERS
2.1 Registration
As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be valid and up-to-date.
Please inform us of any changes in your address or other information by updating your personal details on this Website without delay so that we can keep accurate records and deal with your request and orders.
2.2 Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). Security and confidentiality are important to us. To prevent your data from being compromised or eavesdropped during the use of our website we enforce the TLS protocol (Transport Layer Security), which establishes a secure and encrypted transmission between your browser and our servers, at all times on our e-Commerce platforms and at least during login on other platforms. We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
If you know, or have reason to believe that your Credentials have been stolen or misused, or in case of any other security issue, please notify the RW Pierce website security team immediately by calling us on +44 2890 372 504
2.3 Order process
You can order goods from us at our webstore.
An order is placed by clicking on “Add to Basket” button and proceeding to the checkout page. Minimum and maximum order quantities may also apply, which RW Pierce reserves the right to amend from time to time and in its sole discretion.
After placing an order of Product/s on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.
After accepting the Webstore Conditions of Sales, you will be invited to provide payment details to finalise your order.
2.4 Order confirmation
Once you have submitted and confirmed your order(s), RW Pierce will acknowledge receipt of the order(s) by setting out details of the ordered Product(s). This acknowledgement does not confirm our acceptance of your offer to purchase the ordered Product(s).
After confirming receipt of your order(s), RW Pierce will check product availability. A contract for the sale of Products between you and RW Pierce will only be formed when RW Pierce confirms that all or part of the Product(s) is/are available and has/have been dispatched. The contract is formed on sending of the shipment confirmation.
The confirmation of dispatch by RW Pierce will be proof of a binding agreement between you and RW Pierce. The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.
To the extent permitted by law, RW Pierce is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. (e.g. we may refuse an order if a Product is totally or partially unavailable after the order is made) In this situation, you shall be informed of the delivery of partial order or the cancellation of your order.
If you have already paid for some or all of the Product(s), we will refund you the full amount in respect of the relevant Product(s) and any delivery costs charged as soon as possible. RW Pierce may also refuse an order if there is an ongoing dispute concerning payment of prior orders
2.5 Prices
The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of VAT but exclusive of delivery charges.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
The price of a Product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured.
RW Pierce reserves the right to modify the prices of its Products in the future at any time and without notice.
2.6 Payment
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by Paypal & other payment services that may be available on our Webstore.
Payment is made at the time you place your order.
Your card details are encrypted during all transmissions for security purposes.
Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event that authorisation is not received by RW Pierce through our payment partners, RW Pierce reserve the right to cancel your order.
No order will be shipped until payment is received. The data registered by our payment partners’ systems constitutes full proof of the financial transactions.
3. DELIVERIES
3.1 Delivery
All Webstore Orders confirmed by RW Pierce will be delivered to the delivery address you specified when placing your order. RW Pierce and/or companies authorised by RW Pierce, may contact you by SMS, telephone and/or email with information regarding your order and delivery. RW Pierce aims to deliver within 2-5 working days.
In case the delivery has not occurred within the above indicated time, you should contact RW Pierce to inform us of the issue, and allow RW Pierce and/or companies authorised by RW Pierce, to investigate and/or take corrective action.
In the event that you have not received delivery after 10 working days, you have the right to cancel your order.
3.2 Transfer of property and risk
The delivered RW Pierce Products shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation. All risk of loss or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).
3.3 Product verification
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner. In case you observe damage or missing items, you must notify us within a reasonable period after you discovered the damage or missing item and not later than one month. RW Pierce shall in such case provide you with replacement Products.
4. RETURNS
4.1 Cancellations
If you cancel your order before you have received Product(s), you are entitled to refuse the delivery of the Product(s) and we will refund you in full without undue delay and in any event within 10 working days after you have notified us of cancelling your order.
4.2 Return Policy
When you return Products, you must return the Products to us in an undamaged and unused condition at your expense (unless the Product is faulty or not as described) without undue delay and in any event within 10 working days from informing us of your intention to return the item. Insofar as possible and practicable, Products should be returned in their original condition and packaging.
At your expense (unless the Product/s is/are faulty or not as described), you shall send back the Products, without undue delay and in any event not later than 10 working days from the day on which you communicate your withdrawal from this contract to us.
Products should be returned accompanied by the invoice and a cover note. The deadline is met if you send back the Products before the period of 10 working days has expired.
5. LIABILITY
The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. RW Pierce shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these Webstore Conditions of Sales and to the extent permitted by applicable law, RW Pierce’s liability for losses you suffer as a result of our breach of these Webstore Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Products in respect of which damages are claimed.
RW Pierce is only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these Webstore Conditions of Sales or our negligence.
We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us.
We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Webstore Conditions of Sales.
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these Webstore Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products under the Consumer Protection Act 1987; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6. FORCE MAJEURE
RW Pierce will make every reasonable effort to fulfil its obligations. However, RW Pierce cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, pandemic, natural catastrophes or any others that make impracticable or impossible the Production, transportation or delivery of Products. In the event of a delay caused by force majeure, RW Pierce’s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event.
7. SEVERABILITY
If any provision or part-provision of these Webstore Conditions of Sale is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Webstore Conditions of Sale.
8. LAW AND FORUM
The present Webstore Conditions of Sales (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of Products from RW Pierce shall be governed by and construed in accordance with the laws of Northern Ireland.
rev April 2020
