Terms & Conditions
These terms and conditions will apply when you access our Website (www.wynsors.co.uk & www.wynsors.com) (the Website) and use our on-line ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.
If you find yourself unable to agree to these terms and conditions, then you must not use our ordering service and we ask that you cancel your order by removing all the items you have selected and clicking the refresh button at the bottom of the order and return to our home page. If however, you agree to them unconditionally, you will be given the opportunity to click on the œI accept button, you will then be able to place an order with us to which these terms and conditions will apply.
By clicking on I accept, you confirm to us that you are at least 16 years of age and resident in the United Kingdom or one of our specified European destinations.
Part A
1 General Information
For your convenience, we have listed below some general information about ourselves:
We / us / our refers to Courtesy Shoes Limited and our trading address is at Parkside, Park Road Industrial Estate, Bacup, Lancashire OL13 0BW. Our company registration number is 567238. We trade under the name Wynsors World of Shoes. Our helpdesk e-mail address is enquiries@helpdesk.wynsors.com. Our helpdesk contact number is 01706 871910. Our VAT number is 145083087.
2 Formation of Contract
(1) Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:
Step 1: Provided that you agree unconditionally to these terms and conditions you will be asked to click on the "I accept" button and enter your payment card details at the appropriate stage. The next page to appear on your screen will be our standard order form which contains information on price together with a description of the products and services which are available, and an explanation of any promotional offers.
Step 2: Nothing on the Website shall be intended or shall be interpreted to mean that we are making a legal offer to you to supply goods which may appear on the Website. Via the Website we are inviting you to make an offer to us to purchase such goods. It is entirely at our discretion to accept or reject your offer to purchase. On completing the order form you will be given the opportunity to submit an order to us by clicking on the "SUBMIT" button which appears at the end of the form. On receipt of your order, we will send to you notification by electronic mail that your order is being processed.
By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. However, on occasions we may debit your payment card before a binding contract has been concluded. Such action will under no circumstances constitute acceptance of your offer on our part and, in the event that, we ultimately reject your order, a refund will be made to your payment card.
Once we are in a position to fulfil your order we shall send email notification to you to confirm despatch and delivery details.
If you do not wish to submit an order to us, you should remove the item(s) you have ordered and click the refresh button then return to our home page.(2) Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it will be legible and uncorrupted.
(3) These terms and conditions shall override any contrary terms or conditions published by us or appearing on this Website in relation to any order placed by you with us.
3 Conditions of Use of this Website and the on-line ordering service
(1) There are some situations where we cannot accept an order, and in the order form, you will be asked to identify if any of these are applicable to you. By clicking on I accept you will confirm that none of these situations apply to you and that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.
(2) You agree not to post or transfer to our Website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.
(3) The Data Protection Act 1998 ("the Act") is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our Website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this Website. If you are in any doubt about any data please feel free to e-mail us with details of the problem first.
(4) In consideration of agreeing to your use of this Website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this Website belongs to us. Accordingly, any part of this Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
(5) You may only use the trademarks featured in our Website for the purpose of displaying this Website on your computer screen or printing out this Website on your printer in accordance with Condition 2(3) above.
(6) You may not link this Website to any other Website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other Website which may be referred to or accessed by hypertext link with this Website, and we do not endorse or approve the content of such third party Websites.
(7) We will collate the information which you give to us in the order form to provide you with our on line ordering service. By giving us this information, you consent to our use of it in order to process your order.
(8) Please be aware that to the extent permitted by law and except as expressly provided for in part B of these terms and conditions, we do not accept liability in respect of this Website, your use of it or our on-line ordering service.
(9) Use of this Website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.
(10) We store the contract's content and will send you the details of your order. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
Part B
1 Description and Pricing
1.1 Prices quoted on the Website are stated in UK Sterling, are inclusive of VAT at the current standard rate and exclusive of our delivery charges.
1.2 The price, availability and specification of the goods as stated on the Website are subject to change without notice.
1.3 All photography and descriptions appearing on the Website are for illustration purposes only and, as such, are not binding. Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order and receive a refund or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
1.4 Where you have redeemed a promotional code or any other offer against your order, acceptance of this order is subject to our verifying that the code has been issued to you personally, that you comply with all the terms of the offer and qualify for the code. In the event that the code has not been issued to you for your personal use or you do not comply with or qualify for the offer, we shall have the right to reclaim the value of any discount from you and the price of the order will be adjusted notwithstanding the provisions of clause 1.3 above.
2 Delivery and Risk
2.1 Our acceptance of your offer to purchase goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the goods which you have offered to purchase and a full refund will be given. For all Home Delivery orders that are in stock, we will endeavour to process and deliver your them within 4 working days. Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. For Click & Collect orders, Free store pickup orders can take up to a maximum of 6 working days to arrive at your chosen store. Express store pickup orders can take up to a maximum of 3 working days to arrive at your chosen store. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. International orders can take up to a maximum of 2 weeks.
2.2 For Home Delivery orders we can either deliver your order to the billing address for the card you use to pay for your order, or you can specify a workplace address at checkout. The delivery address must be in the UK (i.e. has a Royal Mail postcode) or be in one of our specified European shipping destinations stated on the shipping information page. Delivery is by Courier. Standard delivery is charged at £2.99 (excluding Northern Ireland and BFPO which is charged at £3.99 and Jersey which is charged at £9.00). Premium next day delivery is £4.99 per parcel subject to overall weight or other delivery restrictions, to any postal address in the UK (except Northern Ireland, BFPO, Jersey and International addresses). For Click & Collect orders, Free store pickup orders are free and Express store pickup orders are charged at £2.99 per order. International orders are charged at £7 for the first item and £4 for each additional item except Gibraltar which is charged at £9 for the first item and £4 for each additional item. Some other areas may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of all relevant delivery charges when or shortly after you place your order. If you have any doubts as to delivery and for deliveries in excess of 10 pairs you should contact our help desk prior to placing your order.
2.3 For Home delivery orders your order will usually be delivered to you during office hours (9-5pm), Monday to Saturday. We are unfortunately unable to specify the time at which the goods will be delivered to you. For Click & Collect orders you will be notified via email and sms text (if mobile number was entered during signup) when your order is ready for collection at your chosen store. If goods are to be delivered outside these hours we shall contact you accordingly.
2.4 All risk of loss or damage will pass to you upon delivery.
3 Title
3.1 Title to the goods ordered remains with us until such time as payment in cleared funds has been received from you.
4 Payment
4.1 Payments are accepted on the credit and debit cards listed on the Website in addition to Paypal.
4.2 We may debit your payment card before a binding contract has been concluded. Such action will under no circumstances constitute acceptance of your offer on our part and, in the event that, we ultimately reject your order, a refund will be made to your payment card.
4.3 All payments will be encrypted to ensure that any transaction effected through the Website is as secure as possible.
5 Right to withdraw
(1) Kindly send all products back within 28 days of purchase in their original packaging. Our cooling off period is 7 working days from the day after the day on which the goods were received. In certain circumstances, you may have the right to withdraw from the contract without penalty and without the need to give us any reason, at any time during a period of seven working days (Monday to Friday inclusive) which in the case of goods shall begin from the day after the day of receipt of the goods by you. In this instance a full refund including postage will be given.
(2) If you wish to exercise your right to withdraw from your transaction with us you must notify us accordingly either by email or by fax within the timeframe specified in clause 5 (1) above.
(3) Once we have received the goods from you in accordance with clause 5 (2) above, we agree to reimburse you within 30 days of notification of withdrawal, the full purchase price and the original delivery costs you paid for the goods if the order is returned in full (No delivery costs will be credited if you return only of part of your order)
6 Returns Policy
6.1 Any claim by you which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure but in any event in accordance with the procedure set out in clauses 6.3 to 6.7 inclusive below. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the goods had been delivered in accordance with the contract between us.
6.2 Where a valid claim in respect of any of the goods which is based on a defect in the quality or condition of the goods or their failure to meet specification is notified to us in accordance with these terms and the goods are in our possession and the defect has been verified by us, we may in our sole discretion choose either to replace the goods free of charge or to refund to you the price paid for the goods and any costs incurred by you in returning the goods to us, in which case we shall have no further liability to you
6.3 If you wish to notify any defect in the goods please contact us via the Website within 7 working days of the date the goods were received by you providing relevant invoice numbers and a contact telephone number. Or simply package the item for return with the returns portion of your delivery note filled in. To return the goods, use the returns label attached to your delivery note and secure this to the parcel. Alternatively you can download our returns postage slip and attach this (you will be charged £2.99 for using either of these labels to cover the cost of the return). Alternatively you can return the goods via your own postage at your own expense. Please note the returns label is not available for returning non uk orders. These must be returned at the customers expense.
6.4 All goods must be returned to us in secure packaging by post. A returns label can be downloaded via our website and orders returned to the address detailed on it. Non UK orders cannot use this returns label and must be returned at the customers expense to the address stated on the packing slip). They must be received by us unworn and in the same condition as they were received by you. Any returned goods must be accompanied by the relevant paperwork as outlined in point 6.3.
6.5 You are responsible for ensuring that any goods returned to us are received by us in a proper condition as detailed in clause 6.4. We cannot be held responsible for any damage caused in transit after you have posted the goods to us.
6.6 You will be liable for all postage costs incurred in returning goods to us in accordance with this clause 6. The value of our postage label is currently £2.99 and this will be deducted from the value of your claim. If you choose to use your own method of return you will be credited the full value of the goods if the claim is deemed to be valid.
6.7 Once we have received goods from you in the condition detailed in clause 6.4 we shall verify your complaint and in the event that such a complaint is found to be valid we shall reimburse to you the original price and delivery costs paid for the goods. However where your complaint is not found to be valid we shall not be obliged to refund any sums to you.
6.8 We want you to be completely satisfied with your new purchase from us. If for any reason you're not happy with your items, kindly return them to us unworn in their original packaging within 28 days for a refund or exchange. Our cooling off period is 7 working days from the day after the day on which the goods were received.
This guarantee is in addition to and does not affect your statutory rights.
7 Warranties and Liability
7.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
7.2 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
7.3 To the fullest extent permitted by applicable law, we disclaim all liability for our employees, agents or sub-contractors negligence. However, nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence or by the negligence of our employees, agents or sub-contractors.
7.4 All conditions, terms, representations and warranties relating to the goods sold on the Website which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
7.5 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
7.6 We have used reasonable care and skill in compiling the content of the Website but make no warranty, express or implied, as to the nature or accuracy of any material on the Website and cannot accept liability for any particular material on the Website or as a result of any use of or reliance placed upon information contained within the Website.
7.7 Although every effort is made to ensure complete accuracy, some prices or details shown on the Website may change from time to time, and it is possible that errors may occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
8 Termination
We reserve the right to terminate any contract with you should you be in breach of your obligations under Part 1 Section 3 and / or Part 1 Conditions 2 and / or 3 as stated above
Part C
1 Complaints
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in section 1 of part A above. We will try to do our best to solve any problems that arise.
2 Force Majeure
We do not take responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.
3 Entire Agreement
These terms and conditions constitute the entire agreement between you and us relating to the provision of goods appearing on the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms and conditions.
4 Interpretation
In this Agreement:
(1) reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
(2) words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;
(3) any reference to a party to this Agreement includes a reference to his successors in title and permitted assigns;
(4) the headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this Agreement.
5 Law
(1) This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
6 Severability
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
7 Assignment
7.1 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
7.2 You may not assign or transfer any of your rights or sub-contract any of your obligations under these terms and conditions except with our specific permission in writing.
8 Amendment to Terms
We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on the Website.
9 Third Party Links
There may be links on our Website to third party Websites, from time to time, which we believe may be of interest to you. We do not have any control over the content of these Websites nor can we be liable in respect of anything contained on these Websites.
10 Intellectual Property
10.1 All intellectual property rights relating to the Website belong to us absolutely. You are permitted only to use material on the Website as expressly authorised by us.
10.2 Any unauthorised use of material on the Website is strictly prohibited.
11 Third Party Rights
A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
