TERMS AND CONDITIONS
This page outlines information about us and the terms and conditions (“Terms”) upon which we sell any of the products (“Products”) listed on our website (“our site”) to you. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in Clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 15th September 2021. These Terms, and any Contract between us, are only in the English language.
Information about us
1.1 We operate the website www.wallwizard.co.uk. We are Wall Wizard Ltd, a company registered in England and Wales under company number 13272556.
1.2 Wall Wizard’s registered office address is MSparc Menai Science Park, Anglesey, LL60 6AG, UK.
1.3 Wall Wizard’s contact email address is email@example.com.
2.1 To cancel a Contract in accordance with your legal right to do so as set out in Clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us or contact our Customer Services team by telephone. If you are emailing us or writing to us please include details of your order number to help us to identify it. 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.
2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Customer Service team or by e-mailing us.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the product and aspects of its function accurately
3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, measurements, product recommendations as indicated on our site are provided for general information only and may vary. This includes product search results returned and it is your responsibility to check the compatibility of any product with the intended application. As a result, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
3.3 If you have any questions about our products, please contact us by telephoning our Customer Service team or by e-mailing.
3.4 The packaging of the Products may vary from that shown on images on our site.
How we use your personal information
We only use your personal information in accordance with our Privacy Notices. Our Privacy Notices tell you about how we use personal data. The Privacy Notice may change, and you can always find the most up-to-date version of the Privacy Notice HERE. Please read the Privacy Notice.
How the contract is formed between you and us
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 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 stage of the order process.
5.3 After you place an order, you will receive an order confirmation forming the Contract between us.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in Clause 9.4 we will inform you of this by e-mail and advise you of your options. If you have already paid for the Products and wish to now cancel this order, we will refund you the full amount including any delivery costs charged as soon as possible.
Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect, amongst other things, changes in relevant laws and regulatory requirements.
6.4 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.
Your consumer right of return and refund
7.1 For all Product on our site you are entitled to cancel your order or return the Product in accordance with the remaining provisions of this Clause 7.
7.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2015 during the period set out below in Clause 7.3. This means that if, during the relevant period, 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. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.3 You have a legal right to cancel a Contract is up to 14 days after the order is delivered.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us or by post to our registered address shown in clause 1.2. If you are emailing us or writing to us please include details of your order to help us to identify it. 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. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 If you cancel your Contract we will:
7.5.1 Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
7.5.2 Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.5.3 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. For information about how to return a Product to us, see Clause 7.8
(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.
7.6 If you have returned the Products to us under this Clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges.
7.7 We will refund you on the credit card or debit card used by you to pay and will need to collect these details from you.
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
7.8.1 Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. For details of how you can send a Product back to us, please contact us by telephoning our Customer Service team or by e-mailing us.
7.8.2 Unless the Product is faulty or not as described (in this case, see Clause 7.7), you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
7.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We will inform you of an estimated delivery or collection date at the time of placing your order unless these goods are not held in stock and in this case we will confirm a delivery date in writing as soon as possible. Occasionally our delivery to you may be affected by an Event Outside Our Control. Please see Clause 13 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, we may leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Please note that re-delivery charges may apply.
8.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8.5 If we miss the agreed delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
8.5.1 We have refused to deliver the Products;
8.5.2 Delivery within the agreed delivery deadline was essential (taking into account all the relevant circumstances);
8.5.3 You told us, before we accepted your order, that delivery within the agreed delivery deadline was essential.
8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
8.7 If you do choose to cancel your order for late delivery under Clause 8.5 or Clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. 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. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
Price of products and delivery charges
9.1 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. However please see Clause 9.4 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 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. If we discover an error in the price of the Products you have ordered we will contact you 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
10.1 You can only pay for Products using a debit card or credit card or via PayPal or Apple Pay. We accept the following cards: MasterCard, Visa, Visa Debit, Visa Electron and AMEX.
10.2 Payment for the Products and all applicable delivery charges will be taken when you place your order. However, a Contract is not formed when payment is taken. A Contract is formed in accordance with Clause 5.
10.3 Notwithstanding any payment made by you in accordance with Clause 10.2, we may decline your order at any time before the order confirmation is sent. If we decline your order but have received payment from you, we will refund the relevant amount(s) to you as soon as possible.
Manufacturer’s Warranties & Guarantees
11.1 The majority of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please see the respective manufacturer’s website for further details). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
11.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
12.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
12.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); 12.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and 12.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
12.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
12.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
12.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
12.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
12.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
12.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
12.8 Advice and guidance given by the company via the website or any other means is provided in good faith, but in all instances it remains the customer’s responsibility to determine if the advice, guidance or product recommendation meets their needs. In every case the data, guidance and installation instructions provided by a product manufacturer must be consulted before a product is used and the information provided by the company will never take precedence over information provided by a product manufacturer. The company will not be held liable for any claims arising from products selected as a result of advice, guidance or recommendations given by the company.
Events outside our control
13.1 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. An Event Outside Our Control is defined below in Clause 12.2.
13.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation, global pandemic, 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.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 We will contact you as soon as reasonably possible to notify you; and
13.3.2 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.
13.4 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.
Other important terms
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 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.
14.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.5 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.
14.6 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.
14.7 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 that the courts of England and Wales will have non-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.