Information -- Terms & Conditions
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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Winchester Research
Limited (trading as gofence.com), whose registered office is at 12 Back Road,
Dollar, Clackmannanshire registered in Scotland No. SC210538 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplierīs website at the time you place your order.
2.2 The goods are subject to availability. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplierīs website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplierīs website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 2.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplierīs control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 7 days from
the day after you receive the goods (see below). Please note that this policy has some limitations and
does not effect your statutory rights.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post
or email, giving details of the goods ordered and (where appropriate) their delivery.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
8. Warranty
8.1 All goods supplied by the Supplier are warranted as fit for purpose and,
where relevant, conforming with the EC legislation on protective fencing
clothing. This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the
manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without
the manufacturer's approval.
8.3 Fencing, by its very nature as a combat sport involving body contact, is a
dangerous sport. Although protective clothing is intended as far as
reasonably possible to prevent injuries, or in the worst case reduce the
severity of injuries, this can not be guaranteed. Broken blades are a
particular threat as breakage of blades may result in uneven breaks, high tip
velocities and high energy impacts. As a result, no practical clothing
is capable of withstanding all broken blade impacts.
8.4 Protective clothing must not be changed or manipulated in any way.
In particular, seams must not be opened or further parts added or taken
away. Care instructions must be followed as failure to do so may result
in a reduction of the level of protection afforded by the clothing.
8.5 Fencing clothing must be inspected regularly to make sure that no defects
(abrasion, holes, broken seams etc etc) have occurred. If this has
happened the garment should be repaired by a recognised supplier of fencing
clothing or discarded.
8.6 If the goods supplied to you are damaged on delivery, you should notify the Supplier
by telephone, in writing or by email within 7 working days.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplierīs negligence or fraudulent misrepresentation.
10. Data Protection
10.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by
you.
10.2 The gofence.com website does not use cookies.
11. Complaints
11.1 In the first instance, complaints should be made in writing to:
Winchester Research Ltd, 12 Back Road, Dollar, Clackmannanshire FK14 7EA.
These terms of sale and the supply of the goods will be subject to Scottish law and the
Scottish courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in
England shall have the right to insist upon these terms being construed in accordance with the laws of
England and to submit to the jurisdiction of English courts.
goFence.com
Winchester Research Limited
PO BOX 7474
Perth
PH2 9YU
Registered in Scotland No. SC210538
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