Terms of service
1. Interpretation
1.1 'Contract' means any contract between We Got Your Back and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
1.2 'Goods' means any goods agreed in the Contract to be supplied to the Buyer by We Got Your Back.
2. Application of Terms
2.1 The Contract will be governed by these Conditions to the exclusion of all other terms and conditions, subject to any variation under condition 2.3.
2.2 No terms endorsed upon, contained in the Buyer’s purchase order, or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These Conditions apply to all sales by We Got Your Back, and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of We Got Your Back.
2.4 Each order for Goods by the Buyer from We Got Your Back shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
2.5 Each order placed by the Buyer shall be deemed to be accepted by We Got Your Back unless We Got Your Back notifies the Buyer within 14 working days that it does not accept the order.
2.6 The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
3. Description
3.1 All material and specifications, including weights and dimensions, issued by We Got Your Back and any descriptions or illustrations contained in We Got Your Back’s catalogues, brochures, and website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
4. Delivery & Installations
4.1 Unless otherwise agreed in writing, We Got Your Back will arrange delivery of the Goods to the Buyer’s premises in the UK.
4.2 Any dates specified by We Got Your Back for delivery of the Goods are intended to be an estimate, and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery will be within 30 days of the Buyer placing an order.
4.3 We Got Your Back will not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the Goods, even if caused by We Got Your Back’s negligence.
4.4 We Got Your Back will deliver to the ground floor entrance of the Buyer’s premises and shall not assemble the Goods unless agreed otherwise.
4.5 If a delivery period is specified in the contract, it shall commence on the date upon which We Got Your Back confirms or accepts the Buyer’s order, or (if later) when We Got Your Back receives any further information from the Buyer necessary for the contract to proceed. The delivery date or period specified in the contract shall not be binding on We Got Your Back, and although We Got Your Back will use its best endeavors to deliver within such dates or periods, it shall not be liable for failure to do so.
4.6 Where agreed in a contract, We Got Your Back will install the Goods at the premises nominated by the Buyer as specified in the contract, and the Buyer shall provide all necessary access and facilities for the installation work. If the Buyer fails to provide and agree facilities within 7 days of delivery of the Goods to the premises, the contract price shall become due forthwith. The Buyer will indemnify We Got Your Back against any liabilities, claims, or costs which We Got Your Back may suffer by reason of injury to the person or property of employees of We Got Your Back or any other person occurring while they are on the Buyer’s premises unless such injury is caused by the fault or negligence of We Got Your Back.
5. Non-Delivery
5.1 In the event that the Buyer requires We Got Your Back to produce evidence of proof of delivery, the Buyer must request this within 30 days of the Invoice Date; otherwise, the Buyer must accept that the Goods were delivered to the Buyer’s premises.
5.2 The quantity of any consignment of Goods as recorded by We Got Your Back upon dispatch from We Got Your Back’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.3 We Got Your Back shall not be liable for any non-delivery of Goods unless written notice is given to We Got Your Back within 30 days of the date when the Goods would, in the ordinary course of events, have been received.
5.4 Any liability of We Got Your Back for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
6. Risk/Title
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until We Got Your Back has received in full all sums due to it in respect of:
6.2.1 the Goods; and
6.2.2 all other sums which are or which become due to We Got Your Back from the Buyer on any account.
6.3 The Buyer’s right to possession of the Goods shall terminate immediately if:
6.3.1 the Buyer has not paid in full for the Goods and has a bankruptcy order made against them or makes an arrangement or composition with their creditors, or otherwise takes the benefit of any Act for the relief of insolvent debtors, or convenes a meeting of creditors or enters into liquidation except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
6.3.2 the Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe/perform any of its obligations under the Contract or any other contract between We Got Your Back and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
6.3.3 the Buyer encumbers or in any way charges any of the Goods.
6.4 We Got Your Back shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from We Got Your Back.
6.5 The Buyer will grant We Got Your Back, its agents, and employees a license to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them when an appointment has been agreed in advance.
6.6 If, notwithstanding the foregoing, the Buyer is in default of payment of any part of the purchase price shall before the whole of the purchase price has been paid, have a receiving order made against the Buyer or being a Company go into liquidation or have a receiver appointed, then We Got Your Back may without prejudice to any other rights or remedies available to it be entitled to recover possession of the Goods and sell the same, retaining all monies received on account of the purchase price and accounting to the Buyer for the balance if any.
7. Price
7.1 Prices charged are those agreed between We Got Your Back and the Buyer as stated on the order confirmation.
7.2 Prices shown in the catalogue are exclusive of delivery and if appropriate, installation and assembly.
8. Payment
8.1 Where the Buyer has an approved credit account, payment of the price for the Goods is due 30 days after the date of the invoice.
8.2 Where the Buyer does not have an approved credit account, We Got Your Back will take the Buyer’s credit or debit card details at the time of ordering. If the Buyer is a business account or in any event if the Goods are in stock at the time of ordering or will be delivered within 14 days or if the Buyer is a private individual and the Goods are specially ordered (are not generally held in stock), We Got Your Back shall forthwith take payment, including all applicable charges, from the Buyer’s account. Otherwise, We Got Your Back shall take payment, including all applicable charges, from the Buyer’s account seven days prior to delivery.
8.3 Time for payment shall be of the essence.
8.4 No payment shall be deemed to have been received until We Got Your Back has received cleared funds.
8.5 Interest on late payments will be charged at 4% above the base rate of RBS.
9. Liability
9.1 We Got Your Back accepts liability as set out in this Clause 9 but not otherwise.
9.2 We Got Your Back warrants that the Goods shall be of satisfactory quality and fit for purpose. We Got Your Back does not exclude or restrict its liability for breach of this warranty.
9.3 We Got Your Back accepts liability for directly and reasonably incurred losses (other than those which the Buyer could have reasonably avoided) caused by We Got Your Back’s failure to perform its services. However, We Got Your Back’s liability is limited as set out in Clause 9.5 below.
9.4 We Got Your Back does not exclude or restrict its liability:
9.4.1 for death or personal injury caused by its negligence; or
9.4.2 for any liabilities which cannot by law be excluded.
9. Liability (continued)
9.5 Other than as provided in Clauses 9.2 and 9.4, We Got Your Back does not accept any liability for business losses such as loss of revenue, business, contracts, anticipated savings, or profits, whether or not such losses are direct or indirect and whether or not We Got Your Back has been advised by the Buyer of the possibility of such potential risk.
9.6 If the Buyer is a consumer, the Buyer’s statutory rights are not affected by these terms and conditions.
9.7 All Goods supplied by We Got Your Back are warranted free from defects for 12 months from the date of purchase, unless otherwise stated. Full terms of the warranties given by We Got Your Back are contained on We Got Your Back’s website. Defects in the Goods arising from undue wear and tear or due to damage will not be covered under warranty.
10. Matters Outside We Got Your Back’s Reasonable Control
We Got Your Back shall not be liable to the Buyer if the performance of any of its obligations is delayed or prevented by any matter outside We Got Your Back’s reasonable control. Such matters include, but are not limited to, fire, flood, lightning, extreme weather conditions, industrial disputes of any kind, actions of local or national government, war, acts of terrorism or vandalism, power outages.
11. Cancellation
(Clause 11.1, 11.2, and 11.3 only apply to Buyers who are consumers and are purchasing an individual product)
11.1 The Buyer may cancel an order by sending a written request to We Got Your Back at any time up to receipt of the Goods and within 14 working days thereafter beginning with the day after the day on which the Buyer received the Goods.
11.2 If the Buyer cancels an order, the Buyer must return the Goods during business hours, carriage paid and in perfect condition, to We Got Your Back. If the Buyer fails to return the Goods within a reasonable period, We Got Your Back will charge for the cost of returning or collecting the Goods.
11.3 If the Buyer cancels in accordance with this clause, We Got Your Back will refund all sums paid except those under Clause 11.2.
11.4 For all other purchases of more than one product and in every case where the Buyer has specified a product not illustrated in We Got Your Back’s catalogue, website including all bespoke items, the Buyer may not cancel the order after the order has been received and confirmed by We Got Your Back.
(Clause 12.1 and 12.2 only apply to Buyers who are consumers and have purchased an individual product)
12.1 If We Got Your Back has extended credit to the Buyer, the Buyer may elect to have the option of returning the Goods within 28 days of receipt of the Goods provided that the Buyer notifies We Got Your Back at the time of placing its order that it wanted this option.
12.2 If the Buyer wishes to return the Goods under Clause 12.1, it must notify We Got Your Back immediately in writing and return them to We Got Your Back within 28 days of receipt.
12.3 In all cases where Goods are to be returned, the Buyer must first contact We Got Your Back to obtain a Returns Note and Number. Goods must be returned during business hours, carriage paid, in perfect condition in their original packaging with the Delivery Note and Returns Note enclosed. We Got Your Back will not refund the outward carriage charge nor pay for the cost of return. Outward carriage will be deducted at the We Got Your Back RRP irrespective of the amount invoiced.
12.4 Custom-made products, marked as non-returnable cannot be returned. Any custom-made product returned will be stored at a cost of £9.80 per week or part thereof pending a successful redelivery.
13. General
13.1 Each right or remedy of We Got Your Back under the Contract is without prejudice to any other right or remedy of We Got Your Back whether under the Contract or not.
13.2 If any provision of the Contract is found to be unenforceable it shall to the extent of such unenforceability be deemed severable and the remaining provisions of the Contract shall continue in full force and effect.
13.3 Any waiver by We Got Your Back of any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default.
13.4 This Contract shall be governed by English law subject to the exclusive jurisdiction of the English courts.
13.5 Terms of business relating to e-commerce are given on We Got Your Back’s website.
13.6 We Got Your Back may transfer information about the Buyer to We Got Your Back’s bankers for the purposes of obtaining credit insurance, for credit reference purposes, credit control, or protecting We Got Your Back’s interests. We Got Your Back will provide the Buyer with details of We Got Your Back’s bankers on request.
13.7 As an environmentally responsible company, We Got Your Back expects that the Buyer will dispose of any waste associated with We Got Your Back’s products in accordance with best practice and if the Buyer is unable to do so, for the Buyer to contact We Got Your Back.
This Contract is correct as of [Insert Date]. We reserve the right to change the terms at any time with notice.