1.0 Definitions
In these Terms and Conditions the following words shall have attributed to them the meanings specified
1.1 ‘Twinwheelz’ shall mean Twinwheelz.com. whose principal place of business is at 35 Denison Road, Hazel Grove, Stockport. SK7 6HR.
1.2 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer or Trade Customer
1.3 ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
1.4 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.
1.5 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from Twinwheelz including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.6 ‘Contract’ shall mean the Contract between Twinwheelz and the Customer for the sale of Goods by Twinwheelz to the Customer.
1.7 ‘Catalogue’ shall mean any published promotional material produced by Twinwheelz.
1.8 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of English Bank Holidays.
1.9 ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with Twinwheelz or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
1.10 ‘Distance Selling’ shall mean a non face-to-face purchase, therefore an item purchased via the Internet, over the telephone or mail order.
2 General
2.1 All orders for Goods are accepted by Twinwheelz subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Twinwheelz and the Customer for the sale of Goods. Twinwheelz accepts responsibility under these terms and conditions for its commitments to the Customer.
2.2 Any substitute products that are supplied, and found not to be suitable may be returned at Twinwheelz's expense. Contact us via email in the first instance to arrange for the goods to be returned.
2.21 Goods will be supplied based on any information provided by the customer.
2.3 Any Catalogue published by Twinwheelz is an invitation to treat and not an offer to supply.
2.4 Subject to condition 2.5 any advice or recommendation given by Twinwheelz or its employees or agents to a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk.
2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer.
2.6 All descriptions and illustrations contained on the website or any price list or otherwise communicated to the Customer are correct at the time of publication.
2.7 If the description of any Goods, contained in any correspondence, invoice or on the website varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Twinwheelz. The updated and complete manufacturer’s description is available from Twinwheelz on request before any order is placed.
2.8 In the event of any material change to any description of goods since the date of publication onto the website by Twinwheelz, Twinwheelz will advise the Customer of the revised description at the time of delivery of the goods or before where possible.
2.9 Twinwheelz reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability. Goods listed in any form may originate from a Non-EU source. Any published information by Twinwheelz as to the country of origin of Goods is an indicator only of the source of supply to Twinwheelz and does not constitute a warranty or representation. All contracts between Twinwheelz and the Customer shall be governed by and interpreted in accordance with English Law and both Twinwheelz and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom. Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.
2.10 Twinwheelz is not a VAT registerd company and therefore we are unable to provide VAT invoices. Published prices do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Twinwheelz. Prior to the conclusion of the contract Twinwheelz will inform the customer the total amount to be debited.
2.11 Whilst every endeavor will be made to maintain prices Twinwheelz reserves the right to alter prices at any time. Prior to the conclusion of the contract Twinwheelz will inform the customer the total amount to be debited.
2.12 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract Twinwheelz will inform the customer the total amount to be debited.
3 Order Processing
3.1 Twinwheelz reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Twinwheelz may decline to accept any order. In the event that Twinwheelz declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
3.2 In the event of cancellation of part of an order by a Trade Customer Twinwheelz reserves the right to invoice for any difference between the selling price applicable for the final quantity despatched and the total price of the original order plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.
4 Payments
4.1 Payment shall be made by the Customer for all monies owed to Twinwheelz in respect of orders placed for Goods.
4.2 Under normal circumstances payment shall be made at the time that the order is placed. Payment may be made by, and is accepted by, Paypal. Non paypal account holders may pay via major credit and debit cards: (Maestro, MasterCard, Visa and American Express) using the paypal payment portal.
4.3 Twinwheelz may in its absolute discretion and without prejudice to any other rights which it may have, suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part. in the event of any breach of these Terms and Conditions by the customer.
5 Delivery
5.1 Delivery charges are based upon the predicted weight of the goods ordered, and the destination address. Delivery charges will be stated by Twinwheelz prior to the conclusion of the contract.
5.2 The risk of damage to or loss of Goods ordered from Twinwheelz will pass to the Customer when the goods are delivered.
5.3 Items are normally despatched between 24 hours and 5 working days after completion of the contract. This is dependant upon our stock holding and the suppliers lead time. Details of when you can expect despatch will be sent via email to the email address provided when ordering, normally within 1 working day of the order being placed. Delivery will normally only be made to the Customer’s registered address unless notified to Twinwheelz in writing beforehand.
5.4 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract Twinwheelz will inform the customer the total amount to be debited.
5.5 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
5.6 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 14 days of such delivery give notice via Email to Twinwheelz of any apparent physical or delivery damage in the Goods.
5.7 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made via Email to Twinwheelz within 14 days of invoice date and the invoice number must be quoted.
5.8 Twinwheelz shall not be liable to compensate the Trade Customer or Consumer by way of damages or otherwise for non-delivery or late delivery of the Goods or for any loss consequential or otherwise arising from non-delivery or late delivery.
5.9 Conditions 5.2 to 5.4 inclusive do not affect the statutory rights of a consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
6 Returns
6.1 Unwanted goods - For unwanted goods Twinwheelz offers a 14-day return policy. To return a product under this policy the Customer should: email Twinwheelz at contact@twinwheelz.com. A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 14-day return policy; these would include for example software, cut cable, built kits, and consumables. Twinwheelz will not accept the return under the 14-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. Twinwheelz will deem such registration by the Customer as acceptance of the Goods. Twinwheelz must
receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to Twinwheelz proof of despatch to Twinwheelz. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed.
6.2 Where unwanted Goods are returned to Twinwheelz after the expiry of the 14-day return period but within a reasonable period of time Twinwheelz reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of £10 will be levied on Goods which are not defective. The Customer must bear all the costs of returning any unwanted Goods to Twinwheelz and provide proof of delivery. Twinwheelz reserve the right to recover reasonable direct costs where collection of goods from a customer has been requested. Twinwheelz reserves the right not to accept the return of unwanted, non-defective goods after the 14 day period at it’s absolute discretion.
6.3 Unwanted Goods under Distance Selling Regulations – The Distance Selling Regulations give the Customer the right to change their mind and to cancel an order within 7 working days. Reasonable care should be taken whilst the goods remain in their possession and goods must be adequately packaged when being returned back to Twinwheelz. Customers whose transactions are covered by the Distance Selling Regulations, the 7 day cooling off period is inclusive within the 14 day returns policy.
6.4 Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by Twinwheelz either by repair or, at the sole discretion of Twinwheelz, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made via email (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.
6.5 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Twinwheelz.
6.6 Twinwheelz Reserve the right to inspect at the adress stated in 1.1 any Goods returned prior to issuing credit for those Goods.
6.7 Warranty seals applied to any Goods supplied by Twinwheelz must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.
6.8 The warranty period as stated in 6.4 is from the date of purchase if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by Twinwheelz in writing.
6.9 Conditions 6.1 to 6.8 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
6.10 The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as Twinwheelz have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes. Compatibility information on our website is intended as a guide only. Product compatability should be checked by the customer prior to ordering.
7 Intellectual Property
7.1 Goods referred to in any Twinwheelz Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. Twinwheelz owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Twinwheelz. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Twinwheelz and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as Twinwheelz are able to grant such licence) and any software must not be copied or altered or otherwise
modified in any way.
7.2 Where any designs or specifications have been supplied by the Customer for manufacture of Goods by Twinwheelz the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Twinwheelz against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.
8 Data Protection
8.1 By placing an order with Twinwheelz the Customer agrees to data relating to the transaction being retained and processed by Twinwheelz in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Twinwheelz for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
8.2 Twinwheelz may send to the Customer details of other Goods and services offered by Twinwheelz that Twinwheelz may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Twinwheelz either in writing or by e-mail at contact@twinwheelz.com requesting that data is removed from the marketing database.
8.3 All Card payments are dealt with using Paypal's secure servers, Twinwheelz do not recieve detalis of any cards uses to complete payments.
8.4 Twinwheelz cannot be held responsible for any failure by Paypal to protect a customers financial information
9 Liability
9.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application.
9.2 To the extent permitted by law, Twinwheelz accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Twinwheel’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
9.3 To the extent permitted by law, Twinwheelz shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or unforeseen loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Twinwheelz, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
9.4 The entire liability of Twinwheelz under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.
10 Force Majeure
10.1 Twinwheelz shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Twinwheelz in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Twinwheelz. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Twinwheelz: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Twinwheelz or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or
breakdown in machinery.
11 Miscellaneous
11.1 All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Twinwheelz and a Customer. Any provision of any contract with Twinwheelz which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract. No waiver or forbearance by Twinwheelz (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Twinwheelz and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.
12 Unlawful or Prohibited Use
12.1 You shall not use this site for any purpose that is unlawful or by any means prohibited under this terms and conditions. You shall not use this site in any manner, which may harm Twinwheelz or other parties or adversely affect the site functionality or its use by others. You shall not attempt or obtain from or through this site any information that is not already and intentionally made available from or through it.
13. Web Site Terms of Use
13.1 All the information on this web site is intended for guidance only. The web site is regularly updated. Products and prices are subject to change with out notice. Twinwheelz and their suppliers own the copyright in all materials on this site.
14. Copyright
14.1 All contents and information on this site including without limitation text, graphic and images, is the property of Twinwheelz or the property of their respective owners and is protected by United Kingdom copyright laws.
Tradmarks
All trademarks that appear on this site are the property of their respective owners.
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