These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by us to consumers through this website, www.windwardislandquest.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all contracts are in the English language only.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods;
“Goods” means the goods sold by us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and “We/Us/Our” means The Windward Island Quest Company Ltd, a limited company registered in England and Wales Company Number , 13129156 address Suite 130, Access Offices, Kingsbridge Road Barking, IG110BD.
Information About Us
Our brand name WIQ and Site, www.windwardislandquest.com are owned and operated by The Windward Island Quest Company, a limited company registered in England and Wales under , whose 13129156 address .Suite 130, Access Offices, Kingsbridge Road Barking, IG110BD. Access to and use of our Site
Access to our site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access our site.
Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our site (or any part of it) at any time and without notice. We will not be liable to you in any way if our site (or any part of it) is unavailable at any time and for any period.
Use of our site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
Goods, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us correspond to the actual Goods. Please note, however, the following:
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
Please note that sub-Clause 1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether.
Where appropriate, you may be required to select the required product, size and quantity of the goods that you are purchasing.
We cannot guarantee that Goods will always be available. Stock indications are not provided on our site. We always use our best efforts to ensure availability of Goods and prompt delivery. If we are unable to supply or deliver in the normal timescale, we will do our best to inform you as quickly as possible by email and you will have the option to accept a new delivery date or cancel your order and receive a full refund.
Minor changes may, from time to time, be made to certain Goods between your order being placed and us processing that order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
We make all reasonable efforts to ensure that all prices shown on our site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated periodically. Changes in price will not affect any order that you have already placed.
All prices are checked by us before we accept your order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, we will treat your order as cancelled and notify you of this in writing.
In the event that the price of Goods you have ordered changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on our site at the time of placing your order.
Orders – How Contracts Are Formed
Our Site will guide you through the ordering process. Before submitting your order you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, We will cancel your order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
No part of our site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. our acceptance is indicated by us sending you an order confirmation by email. Only once we have sent you an order confirmation will there be a legally binding Contract between us and you.
Order Confirmations shall contain the following information:
1 Your Order Number;
2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
4 Estimated delivery date;
In the unlikely event that We do not accept or cannot fulfil your order for any reason, we will explain why by email. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
Any refunds due under this Clause will be made using the same payment method that you used when ordering the Goods.
Payment
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged at the time of ordering.
Our Liability to Consumers
We will only be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable, or any consequential loss.
We only supply goods on our Site for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.
If any event described under this Clause 14 occurs that is likely to adversely affect our performance of any of our obligations under these Terms of Sale:
1 We will inform you as soon as is reasonably possible;
2 We will take all reasonable steps to minimise the delay;
3 To the extent that we cannot minimise the delay, our affected obligations under these Terms of Sale (and therefore the contract) will be suspended and any time limits that we are bound by will be extended accordingly;
4 We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary;
5 If the event outside of our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
6 If an event outside of our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so by contacting us directly using the following details:
Telephone: 07415 897756;
Email: support@windwardislandquest.com
Post: Windward Island Quest Ltd, Suite 130, Access Offices, Kingsbridge Road Barking, IG110BD.In each case, providing us with your name, address, email address, telephone number, and order number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
Communication and Contact Details
If you wish to contact us with general questions or complaints, for matters relating to the Goods, your order or cancellations, you may contact us by email : support@windwardislandquest.com by post: Suite 130, Access Offices, Kingsbridge Road Barking, IG110BD.
Complaints and Feedback
We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with our complaints handling policy. If you wish to complain about any aspect of your dealings with us, please contact us in one of the following ways:
1 In writing, addressed to Suite 130, Access Offices, Kingsbridge Road Barking, IG110BD.
2 By email, addressed to support@windwardislandquest.com By telephone on 07415 897756.
Other Important Terms
We may transfer (assign) our obligations and rights under these Terms of Sale (and under the contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our express written permission.
The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by us in exercising any of our rights under these Terms of Sale means that we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that we will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms of Sale as they relate to your order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of the England & Wales.
If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
