Walton & Co

Terms and conditions of use of the site

By using 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 Walton & Co Ltd’s relationship with you in relation to this website. The term ‘Walton & Co Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Castle Mills, Bar Lane, Roecliffe, North Yorkshire. The term ‘you’ refers to the user or viewer of our website.
 
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without Walton & Co Ltd’s prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
 
Website copyright notice
 
This website and its content is copyright of Walton & Co Ltd - © Walton & Co Ltd 2012. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may use the images within this site for your own commercial ecommerce solution without permission of Walton & Co Ltd providing you acknowledge our website as the source of the material.
 
Website disclaimer
 
The information contained in this website is for general information purposes only. The information is provided by Walton & Co Ltd and while 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.

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.
 
Through this website you are able to link to other websites which are not under the control of Walton & Co Ltd. 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.

Every effort is made to keep the website up and running smoothly. However, Walton & Co Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
 
General
  1. Unless agreed in writing by Walton & Co Ltd (‘the Seller’) the following terms and conditions shall be deemed to be incorporated into all contracts and agreements for the sale of goods (‘the Goods’) by the Seller to the customer (‘the Buyer’) and they shall precedence over any other terms and conditions. No official or employee of the Seller other than a Director, in writing, has any power or authority to alter, vary or waive these terms and conditions.
  2. Unless prior written permission of a Director of the Seller has been granted, this contract shall not be severable by the Buyer who shall comply with the whole agreement. The placing of any order with the Seller shall be deemed an acceptance of all the terms and conditions of the Seller whether the order is placed orally or in writing whether signed or not signed to the exclusion of all other terms and conditions which the Buyer may purport to apply under any sales document or similar document.
  3. The failure by the Seller to enforce at any time or for any period any one or more of these terms and conditions shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.

Orders

  1. No order submitted by the Buyer shall be deemed to be accepted by the Seller until a sales order acknowledgement or other sales offer document is sent by the Seller to Buyer.
  2. The Seller reserves the right to refuse, cancel or defer any order for goods at any time and without warranty.
  3. No order which has been accepted by the Seller maybe cancelled by the Buyer except with agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of the cancellation.

Prices

  1. The price of Goods shall be the price listed in the Sellers current Price List or such other price as maybe agreed in writing by the Seller and the Buyer. The Seller reserves the right to increase the price of goods to reflect in the cost of labour, materials, freight, alteration of duties or taxes and any adverse movements in the rate of exchange or other circumstances considered appropriate by the Seller.
  2. The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay the Seller.
  3. Any typographical, clerical or accidental errors or omissions in any sales literature, price list, web site, quotation, order, invoice or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Delivery

  1. Dates given for the delivery of Goods are estimates only and are given in good faith. The Seller shall use its best endeavours to comply with delivery dates but shall not be liable for any delay howsoever occasioned, nor shall any delay affect contract of sale or entitle the Buyer to any rebate in price.
  2. The Buyer is under a duty whenever possible to inspect the Goods on delivery. The Seller shall be under no liability for any shortages or damages if a written complaint is not delivered to the Seller within 5 working days of delivery detailing the alleged damage or shortage.

Payment

  1. The Buyer shall pay the price of the Goods plus any carriage costs and appropriate taxes less any discount or credit agreed by the Seller within 30 days of the date of the Seller’s invoice or otherwise in accordance with such credit terms as may have been agreed in writing between the Seller and the Buyer in respect of the contract.
  2. Payment of all sums due on the due date for payment shall be the essence of the Contract.
  3. The Seller is not obliged to accept orders from any Buyer who has not supplied the Seller with satisfactory references. If at any time the Seller is not satisfied with the credit worthiness of the Buyer it may give notice to the Buyer that no further credit will be allowed to the Buyer in which event no further goods will be delivered other than against cash payment and all amounts owing by the Buyer to the Seller shall be immediately payable in cash.
  4. The Seller reserves the right to recover from the Buyer all expenses reasonably incurred by the Seller in the collection of overdue sums.

Defective Goods and Return of Goods

  1. No goods maybe returned to the Seller without prior issue of a Return Authorisation Number (RAN) from the Seller.
  2. Goods returned which the Seller is satisfied were subject to defects of quality or condition shall either be replaced free of charge or the Seller shall credit the Buyer for the price of such defective Goods but the Seller will have no further liability to the Buyer.
  3. Goods returned by the Buyer which are not defective and are not in a resaleable condition (Goods must be original packaging and not spoiled in anyway whatsoever by Buyers price ticketing or EPOS information) will not be credited and will be returned to the Buyer at the Buyers cost.
  4. The Seller shall be under no liability in respect of any defect arising from fair wear or tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller’s instructions, misuse or alteration of the Goods without the Seller’s approval or any other act or omission.
  5. If Goods are sold by sample the Buyer shall accept variations and shall only be entitled to refuse acceptance of the whole or part of the Goods if the difference is such as to render the Goods totally unfit for the purpose for which they are sold.

Risk and Retention of Title

  1. The risk in the goods shall pass to the Buyer upon delivery to his premises or the agreed delivery address.
  2. Notwithstanding the aforesaid conditions such Goods shall remain the sole and absolute property of the Seller as legal and equitable owners until such time as the Buyer shall have paid the Seller the full price of the Goods delivered and any other sums due from the Buyer to the Seller
  3. Until payment has been made to the Seller in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.
  4. In the event that the Buyer sells or transfers the Goods to a third party before legal and beneficial title has passed to him under these Conditions, the proceeds of the sub-sale or transfer (or such proportion as is due to the Seller) shall be held by the Buyer on behalf of the Seller. The Buyer shall ensure that such moneys are held separately from, and are in no way mixed with, any other moneys or funds, and that all moneys held on the Seller’s behalf are identified as such.
  5. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
  6. The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. The Buyer irrevocably authorises the Seller to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Seller retains title.
  7. The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if the Buyer commits or permits any material breach of his obligations under these Conditions;
    1. The Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with their creditors;
    2. The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
    3. The Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or 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.

Third Party Rights

The Buyer shall immediately notify the Seller of any claim made or action brought or threatened alleging infringements of the rights of any third party and the Buyer shall no make any admission of liability whatsoever or take any other action in connection thereof. The Seller shall have absolute control and shall conduct any such proceedings in such a manner as it shall determine.

Assignment

The Seller may assign the Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.

Jurisdiction

The Contract (and these conditions) shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.

 

Walton & Co. Ltd, Castle Mills, Bar Lane, Roecliffe, Boroughbridge, North Yorkshire, YO51 9LS. Company registration number: 00156230. VAT no: GB 169 8026 32
Copyright © Walton & Co. Ltd 2017