last update November 2nd, 2017
1. INFORMATION ABOUT US
1.1 We operate the website www.wallector.com. We are Wallector Limited, a company registered in England and Wales under company number 09425779 and with our registered office at 1st Floor, Sackville House 143-149 Fenchurch Street London England - EC3M 6BL. Our VAT number is GB214550635
1.2 Wallector Limited sells Products on behalf of suppliers acting as their agent, this means that we act as a disclosed agent for third party suppliers. We act as an agent of suppliers whose Products are featured on our site. We carefully select the suppliers with whom we act as an agent.
2. COMMUNICATIONS BETWEEN US
2.1 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
2.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to send an email at firstname.lastname@example.org quoting your order number and the reason for the return request. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation request. If you have any questions or complaints about the Product please write to us at email@example.com including details of your order to help us to identify it and please provide the reason why you’re returning the order. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including because you have any complaints, please contact us by e-mailing us at firstname.lastname@example.org..
(c) If we have to contact you or give you notice in writing, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 Contacting us if you are a business:
(a) You may contact us by emailing us at email@example.com.
(b) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(c) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 10.00 am on the second working day after posting or if sent by e-mail, one working day after transmission.
(d) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
(e) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
3. OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Dimensions and weight of the Products could present minimal variation compared with the information reported on the catalogue.
4. HOW WE USE YOUR PERSONAL INFORMATION
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by writing at firstname.lastname@example.org.
5. USE OF OUR SITE
5.1 If you are a consumer. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 If you are a business customer. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products. These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
(b) You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
(c) You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. OUR CONTRACT WITH YOU
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order you will receive an email from us of acceptance of the order and we will process it. From the moment you receive this email (our acceptance email) a contract between you and us is formed.
6.3 We will also confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation).
6.4 If we are unable to supply you with a Product (even after our acceptance email), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.5 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
7.2 Every time you order Products from us, the Terms in force at the time of your order will be applied to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 This clause 8 only applies if you are a consumer.
8.2 If you are a consumer you can always end your Contract with us if:
(a) the Product you have bought is broken, worst in condition or misdescribed;
(b) you want to end the Contract because of something we have done or have told you we are going to do;
(c) you have just changed your mind about the product.
8.3 Ending the Contract because the Product is broken or worst in condition or misdecribed. If the Product is broken, worst in condition or misdescribed you have a legal right to end the Contract or to get the product repaired or replaced to get some or all of your money back. If you have any questions or complaints about the Product, please contact us at email@example.com.
a) We are under a legal duty to supply Products that are in conformity with this Contract. See the list below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following: up to 30 days: if your item is faulty, then you can get a refund. up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases. up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
b) Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them by post back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please complete the return form on our website or if you have problems contact us by e-mail at firstname.lastname@example.org for a return label or to arrange collection.
8.4 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (d) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control; (d) you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late).
8.5 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.6. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
(a) Your legal right to cancel a Contract starts from the date on which we e-mail you to confirm our acceptance of your order, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the list below:
Your Contract: Your Contract is for a single Product (which is not delivered in instalments on separate days).
End of the cancellation period: The end date is the end of 14 days after the day on which you receive the Product.
Your Contract: Your Contract is for either of the following: one Product which is delivered in instalments on separate days or multiple Products which are delivered on separate days.
End of the cancellation period: The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To cancel a Contract, you just need to let us know that you have decided to cancel. Please let us know by doing one of the following:
(a) Online: The easiest way to do this is to complete the return form on our website. If you use this method we will e-mail you to confirm we have received your cancellation.
(b) Email us at email@example.com. Please provide your name, home address, details of the order, reason why you want to return the product/s, your phone number and email address. (c) By post: Print off the form and post it to us at the address on the form, or simply write to us as that address, including the information required in the form.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
9.2 Returning products after ending the contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us or you must allow us to collect them from you without undue delay. Please complete the return form on our website or if you have problems please contact us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract. If we have offered to collect the Products from you we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
9.3 When we will pay the costs of return. Unless the Product is broken, worst in condition or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. We will pay the costs of return:
(a) if the Products are broken, worst in condition or misdescribed. If you have returned the Products to us because they are broken, worst in condition or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us;
(b) if you are ending the Contract because we have told you of an upcoming change to these terms, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you cancel your Contract we will refund you the price you paid for the Products. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds. If you cancel your Contract please note we are permitted by law to reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them inappropriately. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the Contract for a Product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(b) you do not, within a reasonable time, allow us to deliver the Products to you;
10.2 If we end the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
11.1 During the order process we will let you know when we will provide the Products to you. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the date on which we e-mail you to confirm our acceptance of your order OR we will contact you with an estimated delivery date OR to agree a delivery date, which will be within 30 days after the date on which we e-mail you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. If our supply of the Products is delayed by an Event Outside Our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received, see clause 17.
11.2 Collection by you. If want to collect the Products instead of us delivering the Products to you please email us at email@example.com to see if collection for your Product is possible.
11.3 If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and clause 10.2 will apply.
11.4 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
11.5 You own the Products once we have received payment in full, including all applicable delivery charges.
11.6 This clause 11.6 only applies if you are a consumer. If we miss the delivery deadline for any Products then you may cancel your order and treat the Contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
11.7 If you do not wish to cancel your order and treat your Contract as at an end straight away, or do not have the right to do so under clause 11.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order and treat the Contract as at an end if we do not meet the new deadline.
11.8 If you do choose to cancel your order and treat the Contract as at an end for late delivery under clause 11.6 or clause 11.7, you can cancel your order for any of the Products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value.
After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. Please complete the return form on our website or if you have problems please contact us at firstname.lastname@example.org for a return label or to arrange collection
11.9 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
12. INTERNATIONAL DELIVERY
12.1 We deliver to the great part of the worldwide countries. However since in some Countries there are restrictions of delivery, during the purchase process we will inform you in case your Country or zip code is not supported.
12.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
13.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13.3 The price of a Product includes VAT (where applicable).
13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and end the contract, refund you any sums you have paid and require the return of any Products provided to you.
14. HOW TO PAY
14.1 You can only pay for Products using a debit card, credit card, PayPal account and, in such cases, by wire transfer. We accept the following cards: Mastercard, American Express, Visa.
14.2 Payment for the Products and all applicable delivery charges is in advance.
15. OUR LIABILITY IF YOU ARE A BUSINESS This clause 15 only applies if you are a business customer
15.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.3 Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.
15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
16.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including denial of local authorities to authorize the export, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Disputes. If you are a consumer you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr.
18.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).