Terms of use

Welcome to our website and online store. William Warne and its associates provide their services to you subject to the following conditions. If you visit our website or shop with us, you accept these conditions. Please read them carefully.

Your use of this website and purchase of any products (whether orders are placed online or over the telephone) is governed by these Terms of use. Please read them carefully. Together with our Privacy policy they govern our relationship with you in relation to this website. If you have any questions about these terms or do not wish to accept them, please contact us at williamwarne@williamwarne.com or +44 (0)1843 298062 before using this website.

We may change these Terms of use at any time by updating this page. You should check this page from time to time to review these terms to ensure you are happy with any changes. Using or accessing this website indicates your acceptance of these Terms of use. If you do not accept these Terms of use, please do not continue to use this website.

Company information

https://williamwarne.com/ is a website operated by:

William Warne
153 Northdown Road
Cliftonville, Margate
Kent CT9 2QY
United Kingdom

Telephone: +44 (0)1843 298062
Email: williamwarne@williamwarne.com
VAT no. 571 9309 24

Your use of this website

We do not guarantee that this website will be compatible with the hardware and software that you use. We do not guarantee that the use of this website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and we advise you to take all appropriate safeguards before visiting the website. We do not guarantee that this website will be available at all times or at any specific time. We reserve the right to withdraw or modify this website at any time.

We are only liable to you for losses which you suffer as a result of a breach of these Terms of use by us. We are not responsible for any losses you may incur which were not a foreseeable consequence of us breaching these Terms of use, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not under any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. Please note that nothing contained in these Terms of use affects your statutory rights in any way.

William Warne grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of William Warne. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of William Warne. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of William Warne and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing William Warne's name or trademarks without the express written consent of William Warne. Any unauthorised use terminates the permission or licence granted by William Warne.

Our liability

These Terms of Use do not exclude our liability (if any) to you for:

  • Personal injury or death resulting from our negligence.
  • Fraud.
  • Any matter which would be illegal for us to exclude or to attempt to exclude.

Links

We may link to other websites that we don't own or control. We are not responsible for these websites in any way. It is your responsibility to check the terms of use and any other policies on other websites you visit.

You may publish a link to our website if it does not portray William Warne in a false, misleading, or defamatory manner, and if the linking site does not contain any offensive material. You may not, without our prior written permission, frame or inline link any of the content of the site, or incorporate any of our material, content or intellectual property into another website or service. You may not use any William Warne logo or other proprietary graphic or trademark as part of the link without express written permission.

Trademarks

William Warne's trademarks and trade dress may not be used in connection with any product or service that is not William Warne's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits William Warne. All other trademarks not owned by William Warne or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by William Warne or its subsidiaries.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of William Warne or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of William Warne, with copyright authorship for this collection by William Warne, and protected by international copyright laws.

Reviews, comments, emails and other content

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. William Warne reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant William Warne and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant William Warne and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content claims resulting from content you supply. William Warne has the right but not the obligation to monitor and edit or remove any activity or content. William Warne takes no responsibility and assumes no liability for any content posted by you or any third party.

Buying products from our website

Product descriptions

William Warne and associates attempt to be as accurate as possible when describing products on our website. However, William Warne does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by William Warne itself is not as described, your sole remedy is to return it in unused condition.

Buying a product

The description of the products in our website does not constitute a contractual offer to sell the products. When an order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.

The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.

A contract will be formed for the sale of products ordered only when you receive an email from us confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an email with all information in it (the order confirmation). You will receive the order confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any products supplied under the contract.

No variation of the contract, whether about description of the products, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and William Warne in writing.

We intend that these Terms of use apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and payment

The price of the products and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing. Prices and charges include VAT at the rate applicable at the time of the order. You must pay by submitting your credit or debit card details with your order and we can take payment immediately or otherwise before delivery of the products.

Delivery

We will deliver the products, to the delivery location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into.

The products will become your responsibility from the completion of delivery or collection. You must, if reasonably practicable, examine the products before accepting them.

Risk of loss

All items purchased from William Warne are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Title

You do not own the products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the products still owned by you, in which case you must return them or allow us to collect them.

Withdrawal right

You can withdraw the Order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

Returns right

You can cancel the contract, except for any products which are made to your special requirements, by telling us no later than 14 calendar days from the day the contract was entered into if you wish to change your mind. You can do so without giving us a reason and without liability, except you must return to any of our business premises the products in undamaged condition at your own expense. We will then refund to you the price for the products that have been paid for in advance, but we can retain a separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective products. This Returns right is different and separate from the Cancellation rights below. This is a distance contract which has the Cancellation rights set out below.

These Cancellation rights do not apply to a contract for the following products in the following circumstances:

  • Products that are made to your specifications or are clearly personalised.
  • If the products become mixed inseparably (according to their nature) with other items after delivery.

Cancellation rights

Subject as stated in these Terms of use, you can cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the products. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision (eg a letter sent by post or email).

We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you (handling the products beyond what is necessary to establish the nature, characteristics and functioning of the products: if it goes beyond the sort of handling that might reasonably happen in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Returning products

If you have received products in connection with the Contract which you have cancelled, you must send back the products or hand them over to us at our business premises without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the products before the period of 14 days has expired. You agree that you are responsible to pay for the cost of returning the products.

For the purposes of these Cancellation Rights, these words have the following meanings:

  • Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
  • Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of products to a consumer and the consumer pays or agrees to pay the price, including any contract that has both products and services as its object.

Conformity and guarantee

We have a legal duty to supply the products in conformity with the contract, and will not have conformed if it does not meet the following obligation. Upon delivery, the products will:

  • Be of satisfactory quality.
  • Be reasonably fit for any particular purpose for which you buy the products which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the contract.
  • Conform to their description on the website.

It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

Either party can transfer the benefit of this contract to someone else, and will remain liable to the other for its obligations under the contract. William Warne will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

  • The party will advise the other party as soon as reasonably practicable.
  • The party's obligations will be suspended so far as is reasonable, provided that that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any Cancellation rights.

Applicable law

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of use or of any term of these Terms of Use will be governed by the law of England and Wales.

The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use or use of the Website. However you should note that this does not prevent residents of Northern Ireland or Scotland from starting proceedings in their own local courts.

We always try to avoid any disputes, so if a customer has a complaint they should contact us. We will aim to respond with an appropriate solution within 10 working days.

This current version of our Terms of use shall begin to be effective as of March 31st, 2021.