TERMS & CONDITIONS
In order to protect your own interests please read the conditions carefully. If you are uncertain as to your rights or have any questions, please email us at sales@wowxwow.com before you place your order.
By placing an order and purchasing goods from WOW x WOW you enter into a legally binding agreement with us on the following conditions. You should read and understand these conditions because they affect your rights and liabilities.
1. INTERPRETATION
1.1 In these conditions:
‘Buyer, you’ means the person whose name is printed on the Order;
‘Content’, means any information on our site, published by us, or anybody else with our consent;
‘Contract’ means the contract for the sale of the Goods;
‘Delivery Area’ means wherever we accept an order from for Goods which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Website in accordance with the condition;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
‘Price’ means the price together with postage and packing in force at the date and time of confirmation of the Order;
‘Receipt’ means the date and time when the Order has been delivered and signed for by the Buyer;
‘Regulations’ mean the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
‘Seller, we, us, WOW x WOW’ means WOW x WOW, the company operating via www.wowxwow.com
‘Website’ our presence on the World Wide Web, currently accessible via www.wowxwow.com
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.
2. BASIS OF THE SALE
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 We reserve the right to cancel any order prior to delivery. Cancelled orders will be refunded.
2.4 No variation to these conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.5 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
2.6 All descriptions of the Goods are given by the artist, and may not be accurate. Therefore any such description does not form part of this agreement.
2.7 Your contract is with us and you may not communicate under any circumstances with our artists in regard to sales, commissions, refunds or returns.
3. ORDERS AND SPECIFICATIONS
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 If any of the Goods you order are unavailable you will be offered available alternatives prior to us dispatching your order. In this event you can:
3.4.1 Accept the alternatives
3.4.3 Cancel the order
3.4.4 Tell us to just omit the item which is out of stock
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 Given the bespoke, hand crafted nature of many of the Goods sold on the Website, the exact size of Goods may differ slightly from the official Goods dimensions listed on the Website.
3.7 The Seller endeavours to display and describe as accurately as possible the colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor or home printing device.
3.8 We reserve the right to make changes in the specification of the Goods which are required to conform to any applicable statutory or EC requirements.
4. PRICE AND CURRENCIES
4.1 The price of the Goods shall be the price set out on the relevant page of this Website. We reserve the right to change the prices set out on this Website provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The Seller is based in the UK and accepts GBP sterling payments. The Seller provides an online currency converter which allows the Buyer to select a currency of choice while viewing the Goods. These currency conversions are estimated and should be used for informational purposes only.
5. TERMS OF PAYMENT
5.1 Upon providing us with details of the Payment Card and submitting the Order you:
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 8, we shall credit the Payment Card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
6. DELIVERY
6.1 The place for delivery of the Goods will be as shown on the Order and the standard methods of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of the Seller.
6.2 The Buyer must inspect the Goods on delivery and sign the proof of delivery document when required. A signature on that document will constitute conclusive evidence against the Buyer of Receipt of the quantity of Goods indicated on that document are free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
6.3 If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
6.4 Purchased Goods may not be returned to the Seller except as provided in Condition 8 below.
7. RISK OF DAMAGE AND TRANSFER OF GOODS
7.1 As soon as we have delivered the Goods, you will be responsible for them.
7.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
8. RIGHT TO CANCEL
8.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.
8.2 During the cooling off period any cancellation must be given by written notice by either party.
8.3 The Seller will not be held liable for any damage to any Goods caused any time after Receipt of the Order. The Seller will not be able to accept any returns of Goods that have been damaged after Receipt.
8.4 Any Goods returned must arrive safely in their original packaging, therefore this packaging must be saved and reused in a good condition.
9. COMMUNICATIONS
9.1 Any communication sent electronically by e-mail or otherwise:
9.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
9.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
9.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
9.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
9.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
10. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
10.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
10.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
10.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
11. GENERAL
11.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11.2 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
11.3 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
11.4 This agreement shall be governed and construed in accordance with the law of Scotland only.
BY CONTINUING WITH A PURCHASE IT IS DEEMED THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS.