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Registration

Terms & Conditions of Sale

Wiha Terms & Conditions of Sale
May 2007

1. Contract

1.1.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Wiha’s relationship with you in relation to this website.

The term “Wiha” or “us” or “we” refers to the owner of the website whose registered office is

Wiha Werkzeuge GmbH
Obertalstr. 3-7
D-78136 Schonach
Germany

The term “you” refers to the user or viewer of our website.

1.2.
All orders placed are subject to acceptance by us for the delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.

2. General

2.1.
All orders for products and services on the Wiha website are accepted by Wiha Werkzeuge GmbH subject to these terms and conditions of sale.

2.2.
These Terms & Conditions override and exclude any other terms or conditions in or referred to in any negotiations or transactions between the Company and the Customer or set out in the Customer’s standard terms and conditions except where such terms or conditions are expressly incorporated into the Contract with the written agreement of the Company.

2.3.
If there is any conflict between:

the other provisions of this Catalogue and these Conditions; or
the provisions of the order and these Conditions

these Conditions will prevail unless the Company expressly agrees otherwise in writing. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered.

2.4.
No other terms will apply to the supply of products and services by Wiha unless agreed in writing by an authorised signatory of Wiha.

2.5.
All descriptions of the products and services contained on the Wiha website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Wiha and the Customer. Wiha may correct any errors in its website without liability to the Customer. The advertising of products and services in the Wiha website merely constitutes an invitation by Wiha for the Customer to make an offer to purchase products and services.

3. Prices

3.1.
The prices of the products and services are as set out in the Wiha website that is current at the date of despatch. All prices are in £ sterling. Wiha reserves the right to change them without prior notice at any time.

3.2.
Where the Company agrees to trade in any currency other than £ sterling the applicable currency and either the price payable in that currency or the exchange rate to be applied by the Company to its sterling price will be that specified by the Company in writing at the time of acceptance of the Order.

3.3.
On occasion, the prices payable of goods advertised on our web site may differ from those prices offered in the current catalogue or in one of our trade counters, and we are under no obligation to honour any web site price if there is such a difference.

3.4.
Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

4. Payment

4.1.
We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage, before your order can be processed unless we have agreed otherwise in advance in writing.

4.2.
Payments over the website can only be accepted by a Credit card. We accept Visa and Mastercard.

5. Ordering

5.1.
Wiha reserves the right to decline to trade with any company or person. In addition, Wiha may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, facsimile or e-mail within a reasonable period of receipt by Wiha of the order.

5.2.
Wiha executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will either be put on back order to be fulfilled when Wiha next has available stock or be cancelled.

5.3.
The company operates a minimum order value of £15.

5.4.
The Company will levy a Postage & Packing charge of £4.95.

6. Delivery

6.1.
Delivery will be made to the Customer's usual address, unless otherwise specified.

6.2.
Wiha shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.

7. Inspection, Delivery Delays and Non-Delivery

7.1.
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery, give notice to Wiha in detail of:

a. Any defect in the product that is apparent on reasonable examination. In this case Wiha shall, at its discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered in a damaged condition;

b. Any shortfall in products delivered. In this case Wiha shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;

c. Any delivery of products not in accordance with the order. In this case Wiha shall, at its discretion, replace the products or refund the purchase price;

d. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case Wiha shall deliver the undelivered products or refund the purchase price.

7.2.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Wiha's record of the products despatched shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.

7.3.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Wiha shall not be liable for any losses, consequential or otherwise, arising from these circumstances.

The return of the wrong items have to be delivered to:

Wiha Werkzeuge GmbH
Obertalstr. 3-7
D-78136 Schonach
Germany

The delivery costs are at the expense of Wiha.

8. Risk and Ownership

8.1.
Risk of loss or damage to the products will pass to the Customer when the Goods are received at the Customers premises.

8.2.
Ownership of the products shall not pass to the Customer until all sums due to Wiha are paid in furr. If payment is not received in full or the Customer passes a resolution for winding up or a court shall make an order to that effect or a receiver is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.

9. Product and Availability Information

9.1.
Wiha reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Wiha website.

10. Distance selling regulations

10.1.
If the Customer is buying as a 'consumer', as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided he or she has taken reasonable care of the Goods, return the Goods and be repaid the original purchase price paid within 7 working days (excluding Saturday and Sunday and any UK Bank Holiday). To return Goods on this basis, the Customer must notify the Company in writing and return the Goods, in their original packaging, within the 7 day period, quoting the Customer's account number, order number and invoice number. In respect of certain Goods the Company may prefer to arrange collection itself and, if requested, the Customer will allow the Company to collect the Goods and will assist in the arrangements for the Goods’ collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending their return or collection.

11. Warranty

11.1.
Warranty is 5 years for materials and processing subject to product being used for the purpose it was intended.

11.2.
For products purchased from Wiha: Wiha warrants that if any product is defective (materials and processing), it will replace the product or refund the purchase price.

11.3.
The Customer must contact Wiha to notify Wiha of their return. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect, together with such further information as Wiha may at the time of supply have stipulated. Where the Customer returns products otherwise than in accordance with these warranty provisions, Wiha may refuse such products and return them to the Customer at the cost of the Customer.

11.4.
Any products or parts which are replaced by Wiha shall become the property of Wiha. Title to replacement products shall pass to the Customer on delivery.

11.5.
This replacement will not apply:

if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods;
if the Customer has failed to notify the Company of any defect in accordance where the defect should have been reasonably apparent or if the customers fails to notify the Company of the defect.

12. Liability

12.1.
Wiha shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information, whether or not due to its negligence or that of its employees, agents or sub-contractors.

12.2.
Wiha shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:

a. any express or implied terms of the contract between Wiha and the Customer, or of any order accepted by Wiha;

b. any duty of any kind imposed on Wiha by law arising out of or in relation to the contract or order; or

c. any defect in the products or services.

12.3.
Nothing shall exclude or limit the liability of Wiha for death or personal injury caused by the negligence of Wiha or its employees, agents or sub-contractors, or for fraud.

13. Cancellations and Returns

13.1.
The Customer may not cancel orders once accepted by Wiha. Wiha may, at its discretion and in writing, allow an order to be cancelled subject to Wiha recovering from the Customer the costs incurred by Wiha. If the return is agreed to, the Goods should be returned to the Company’s at the Customer’s risk and expense. Unless otherwise expressly agreed by the Company, the Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.

13.2.
In the event of part cancellation, Wiha may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

14. Force Majeure

14.1.
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company's obligations under these Contract if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

15. Use of Personal Data

15.1.
"Personal Data" means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Customer or that representative, regardless of how and when that data is provided.

The Company may process Personal Data for all purposes contemplated in these Conditions or arising in
the context of the relationship between the Company and the Customer including:

a. Deciding whether to enter into any contract or arrangement with that Customer. This may include conducting credit reference searches, against a Customer or its representatives and the disclosure of information to the relevant agency as to how that Customer conducts its account;

b. Order fulfilment, administration, customer services, profiling the Customer’s purchasing preferences and to help the Company understand and develop its business;

c. Crime prevention or detection.

The processing of the Personal Data may involve:

a. The disclosure of that Personal Data to the Company's service providers, agents, advisers and representatives;

b. The disclosure of that Personal Data to other companies in the Wiha Group whose products and services the Company believes may be of interest to that Customer or representative;

c. The disclosure of that Personal Data to third parties whose products and services the Company believes may be of interest to that Customer or representative;

d. The transfer of Personal Data outside of the EEA, including to countries whose laws may not provide adequate protection to Personal Data. The Company will only transfer Personal Data outside the EEA to companies who have guaranteed to the Company the same level of protection as that Personal Data would have received in the UK.

16. Legal construction

16.1.
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company, Wiha may enforce such Contract in any court of competent jurisdiction.

17. General

17.1.
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply.

THESE CONDITIONS SUPERSEDE ALL PREVIOUS ISSUES

Publisher

Wiha Werkzeuge GmbH
Obertalstr. 3-7
D-78136 Schonach
Germany

18. Copyright

18.2.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

18.3.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

19. Disclaimer

19.1.
The information contained in this website is for general information purposes only. The information is provided by Wiha and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

19.2.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

19.3.
Through this website you are able to link to other websites which are not under the control of Wiha. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

19.4.
Every effort is made to keep the website up and running smoothly. However, Wiha takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

20. Privacy Policy

20.1.
This privacy policy sets out how Wiha uses and protects any information that you give Wiha when you use this website.

Wiha is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Wiha may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

20.2.
What we collect

We may collect the following information:

name and job title
contact information including email address
demographic information such as post code, preferences and interests
other information relevant to customer surveys and/or offers

20.3.
What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
We may use the information to customise the website according to your interests.

20.4.
Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

20.5.
How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

20.6.
Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

20.7.
Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at shop.uk@wiha.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to

Wiha Werkzeuge GmbH
Obertalstr. 3-7
D-78136 Schonach
Germany

If you believe that any information we are holding on you is incorrect or incomplete, please write to or e-mail us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.