WE KINDLY REQUEST YOUR CAREFUL ATTENTION TO THE FOLLOWING TERMS AND CONDITIONS. IT IS IMPORTANT TO REVIEW THE INFORMATION PROVIDED, PARTICULARLY REGARDING YOUR RIGHTS CONCERNING RETURNS AND CANCELLATIONS AS OUTLINED IN CLAUSE 8, AS WELL AS THE LIMITATIONS TO OUR LIABILITY AS DESCRIBED IN CLAUSE 9.
1. Our Contract
1.1 These Terms and Conditions govern the sale of goods by West Midland Electrics Ltd (Registration No. 05270828) with registered address at 7 Villa Road, Birmingham, B19 1BH (referred to as "we" or "us") to you, the customer (referred to as "you"). Our VAT number is 269 6824 48.
1.2 All orders placed by you and purchases of goods from us, whether made in-store, by telephone, through our website, or by any other authorized means, are subject to these Terms and Conditions. Acceptance of your order occurs either (as applicable): (i) upon delivery of the goods to you, or (ii) upon providing the goods you have purchased to you at the trade counter. At this point, a legally binding contract is established between you and us.
1.3 Please note that the processing of your payment and the acknowledgment of your order, including the sending of an email confirming the processing of your order, does not constitute legal acceptance of your order.
2.1 On our website, you can place an order to purchase a product that is advertised for sale by following the onscreen instructions after selecting the desired item. Before finalizing your order by clicking the "Place order and pay" button on the checkout page, you will have the opportunity to review and rectify any input errors.
2.2 We reserve the right to accept or decline your order or purchase for any reason. In such cases, we shall not be held liable to you or any other party.
2.3 Upon accepting your order, we are obligated to provide goods that conform to these Terms and Conditions.
3. Price & Payment
3.1 The price for the goods you order or purchase is determined by the prices displayed in-store and on our website at the time of submitting your order. If you place an order through one of our catalogues, the price will be as stated in the relevant catalogue, provided it is the most recent edition. Additionally, any applicable delivery charges will be communicated to you. All prices include the current applicable VAT rate, unless stated otherwise.
3.2 Catalogue prices are accurate at the time of publication, and we reserve the right to update prices in future catalogues, which will supersede previous editions. Furthermore, we retain the right to adjust the price of commodity goods, such as copper, at any time due to market conditions. However, we will confirm the prevailing price with you before accepting your order or purchase. We are under no obligation to accept your order or purchase for such goods and may decline it or limit the quantity ordered.
3.3 Occasionally, we offer promotional prices for goods. To avail of the promotional price, you must provide the relevant promotion code; otherwise, you may be charged the full price.
3.4 In the event of an error leading to incorrect pricing or description of goods, we are not obliged to supply the goods at the incorrect price or in accordance with the incorrect description. We reserve the right to rectify any errors as they arise. At our discretion, we will either cancel your order and refund the amount paid or make reasonable efforts to contact you and inquire whether you wish to proceed with the order at the correct price or description. If we are unable to reach you or you choose not to proceed at the correct price or description, we will cancel your order and provide a refund.
3.5 Full payment, including the total price of the goods ordered or purchased and any applicable delivery charges, must be received before we can process your order, unless prior written agreement has been made.
3.6 For orders placed on our website, payment can be made using major credit or debit cards or PayPal by completing the relevant details on the checkout page.
3.7 By using a credit/debit card for payment, you confirm that the card belongs to you or that you are authorized to use it. When using PayPal, you confirm that the PayPal account used is yours.
3.8 All credit/debit card transactions are subject to validation checks and authorization by the card issuer, while PayPal payments require authorization from PayPal. If the card issuer or PayPal refuses to authorize payment, we will not accept your order or purchase. We are not obliged to disclose the reason for the refusal, and we will not be held responsible for non-delivery or non-provision of the item. We are not responsible for any charges imposed by the card issuer or bank or by PayPal for processing your credit/debit card payment or for making the order.
3.9 We strongly advise against transmitting your payment card details or PayPal information and password via email to anyone, including us. Except as outlined in clause 9.5, any losses incurred while transmitting information to us via internet link or email will be your sole responsibility.
3.10 If you are a trade customer, you are accountable for all orders placed by your employees and any purchases made using cards issued to you (including Trade UK cards). We are not bound by any individual order limits imposed by you on your employees.
3.11 If you are a trade customer, you may not withhold payment of any invoice or amount due to us on the grounds of a right of set-off or counterclaim, real or alleged.
3.12 We retain the right to offset any debt or claim we may have against you against any sums owed by us to you at any time.
3.13 The format of our invoices and statements to you will be determined solely by us.
4. Delivery & Title
4.1 Unless you opt to collect the goods from one of our trade counters (including through our Click & Collect or Call & Collect service), and except in exceptional circumstances as outlined in clause 12, our objective is to deliver the goods as per your order within the stated delivery time (unless exceptional circumstances apply), but no later than 30 days after the day of placing your order, unless otherwise agreed upon between you and us, always subject to clause 6 and 12. We reserve the right to deliver orders in instalments through separate shipments.
4.2 Prior to placing your order, please refer to the delivery options provided on our website and in our catalogues to ensure that we can deliver to your address. A valid signature may be required upon collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, please notify us immediately. We strongly advise against scheduling or commencing any installation work until after you have received your order, checked all the goods for suitability and ensured they are free from defects or missing parts.
4.3 For reasons of health and safety, and to prevent any property damage, items can only be delivered to the exterior of a ground floor location at the designated delivery address. Therefore, if the relevant item needs to be transported from the delivery location, you must make suitable arrangements at your own risk. Unless otherwise agreed upon in writing, we do not provide any unpacking, installation, fitting, or waste removal services upon delivery.
4.4 You must make all reasonable efforts to facilitate the delivery at the specified time and location. In the event of a delivery delay or failure due to your failure to take appropriate measures, we will endeavor to arrange an alternative delivery date within 30 days of the unsuccessful delivery. If delivery fails due to circumstances within your reasonable control, you will be responsible for the cost of any redelivery. If we are unable to schedule a redelivery, we may cancel your order and refund the price paid for the goods.
4.5 Without prejudice to clause 4.4, upon delivery or collection of the goods, the risk and responsibility for the goods pass to you. However, ownership (referred to as "title") of the goods does not transfer to you until you have fully paid the price for the goods and, if any other amounts owed to us by you are overdue, until those sums are paid as well. Until title in the goods is transferred from us to you, you shall: (i) refrain from using the goods; (ii) safely hold the goods on our behalf; (iii) promptly return the goods to us if requested; and (iv) be liable to us for any loss, damage, or destruction of the goods. Additionally, until title in the goods is transferred from us to you, you shall bear the cost of storing the goods separately from all other goods in your possession and clearly mark them as our property. You grant us an irrevocable license to enter your premises, with or without vehicles, for the purpose of inspecting or repossessing the goods.
5. Click & Collect / Call & Collect
5.1 The provisions outlined in this clause 5 pertain to "Click & Collect" or "Call & Collect" orders.
5.2 These services are applicable to all goods designated as available for "Store Collection" on our website and in our catalogue.
5.3 As per clause 1.2, the acceptance of your order and the establishment of a contract between us will occur when we hand over the purchased goods to you at the trade counter.
5.4 If you require to cancel your order after its submission, kindly contact us at 0121 523 4987.
5.5 Prior to placing your order, you will be prompted to confirm the preferred trade counter from which you intend to collect the item. It is essential that you collect the item from the trade counter you have selected.
5.6 Subject to clause 6, if the item is available in stock at the trade counter, we strive to ensure its availability for collection within a short duration of 1 minute (during store opening hours) following the receipt and successful processing of your order payment.
5.7 Subject to clause 6, any item that is not in stock at the time of ordering can typically be made available for collection from 12 pm on the next working day. Alternatively, whenever feasible, you may choose to collect the available goods on the same day from your chosen trade counter and collect the remaining goods from 12 pm the following working day.
5.8 Collection of items is permissible only during the regular opening hours specified for the relevant trade counter, as indicated on our website.
5.9 Prior to collecting your goods, we will conduct an in-store verification process. If you have made payment using a credit/debit card, this will involve inserting the card you used for the purchase into the chip and pin machine and entering the PIN. Therefore, it is imperative that you bring the card with you when collecting your goods. Trade UK customers must present their Trade UK card upon collection. If you have paid through PayPal, you will be notified at the time of ordering regarding the documents you need to bring for collecting your goods.
5.10 If you fail to collect your order within 21 days, your order will be canceled, and the value of your order will be credited to your West Midland Electrics Record as customer credit. Please contact or visit us to arrange a refund.
6.1 The availability of all goods is contingent upon their stock availability. While we make every effort to maintain sufficient stock to fulfill all orders and purchases, if we do not have an adequate supply to fulfill the goods ordered and paid for by you, we will make an attempt to contact you using the contact details you have provided, in order to discuss how you would like to proceed. At our discretion, we may process any portion of the order that is available. In situations where goods are out of stock, we will promptly refund you the price paid for such goods, within a maximum of 14 days. Alternatively, if you are an account customer, we may, at our absolute discretion, promptly issue a credit to offset the invoiced amount.
7. Manufacturer's Warranties & Guarantees
7.1 Certain goods sold by us are accompanied by a manufacturer's warranty, guarantee, or similar assurance (please refer to the relevant product description on our website for detailed information). Any complaint, query, or claim pertaining to a manufacturer's warranty, guarantee, or similar assurance must be directed to the manufacturer. We do not assume any responsibility or liability in relation to such warranty, guarantee, or assurance.
7.2 If you are a consumer, any manufacturer's warranty, guarantee, or similar assurance is in addition to your legal rights.
7.3 Some products may offer an extended manufacturer's warranty, which requires registration within 28 days of purchase. Please consult the product documentation for further details.
8. Cancellation, Returns & Refunds
8.1 You have the right to cancel your order and return the purchased items to us by notifying us of your cancellation within 28 days from the date of delivery or collection from a trade counter, as applicable. If the goods are already in our delivery process before we receive your cancellation notice, you may need to accept the delivery before initiating the cancellation process. If your order consists of multiple delivery shipments, the 28-day cancellation period for the goods in your order begins from the date of the last shipment's delivery. Please note that we do not accept returns for items that are not in stock.
8.2 After the expiry of the 28-day period mentioned in clause 8.1, you will no longer have the right to cancel (unless there is a problem with the goods, which is covered by your rights).
8.3 To exercise your right to cancel, you may notify us of your decision through postal mail, phone, email, or in-person at one of our trade counters. Our contact details can be found in clause 15.
8.4 If you choose to cancel your order, you must return the goods to us (including the original packaging) without undue delay, and in any case, within 14 days from the date of cancellation, at your own cost (subject to clause 8.11), unless we agree that you can dispose of them. In the latter case, please follow the manufacturer's instructions before disposing of any hazardous goods. The returned goods must include all components and any promotional items or free gifts received, as well as discounted additional products. For detailed information on how to return the goods, please refer to the Returns section on our website. You can return certain goods by post via your local Post Office, and for larger goods, we provide a carrier pick-up service. A fee may be charged for the carrier pick-up service, with the maximum fee being £20.
8.5 After cancellation, and subject to clause 8.7, we will refund you the price paid for the cancelled order (or the relevant portion of the order). If you cancel the entire order, we will also refund the standard delivery charges (or an equivalent amount if you chose a more expensive delivery method). However, if you cancel only a part of the order, the delivery charges will not be refunded. We will process the refund within 14 days from one of the following days:
8.5.1 The day you notified us of the cancellation, if you have not yet received the goods.
8.5.2 The day we receive the returned goods from you, if you are in receipt of the goods.
8.5.3 The day you provide us with proof of return for the goods, if you have returned the goods but we have not yet received them.
8.6 The refund will be issued using the same payment method you used for the original purchase. For PayPal purchases, you can choose between a refund or customer credit.
8.7 We reserve the right to deduct an amount from the refund if the returned goods show signs of unreasonable use, which includes handling the goods beyond what is necessary to determine their nature, characteristics, and functioning. We may withhold the refund until we have received the goods or until you provide proof of return.
8.8 The right to cancel your order does not extend to goods that have been cut or mixed according to your specifications, made to measure, made to order, made to your specifications, or clearly personalized. Examples of such goods include made-to-order radiators, pre-assembled kitchens, mixed paint, keyed alike and master keyed locks, and embroidery goods. Additionally, your right to cancel does not apply to goods that are not suitable for return due to health protection or hygiene reasons, such as water pumps, toilets, and macerators, if the product packaging has been opened after delivery or collection. Boilers that have been unboxed cannot be returned for a refund or credit.
8.9 If you decide to cancel an order for a product delivered from our supplier, please contact us. You will be responsible for sending the goods back to the supplier at your own cost, and you will be liable for any damages or loss incurred during the return shipment.
8.10 The customer bears the responsibility for the shipping cost back to West Midland Electrics.
8.11 In cases where the goods are being returned because they are faulty or incorrect, we will cover the cost of return delivery, but we request that you allow us to select the carrier. Your right to return goods in these circumstances is not limited to the 30-day period stated in clause 8.1.
8.12 Without prejudice to your general right to cancel orders under this clause 8, if you have notified us of a problem with the goods within 30 days of delivery or collection, you have the right to reject the goods and receive a full refund. Alternatively, we are pleased to offer a replacement.
8.13 If an item develops a fault after 30 days following delivery or collection, we may provide a repair or replacement for the item, or offer a price reduction or refund. If the product is eligible for repair and the manufacturer has provided a helpline, repair service, or warranty, we may ask you to contact the manufacturer directly, or we can handle this on your behalf. If there is no such service or warranty provided by the manufacturer, in most cases, we will either offer a repair or, if that is not possible, replace the item with the same or an equivalent model.
Legal Rights as a Consumer
8.14 The provisions outlined in this clause 8 do not affect your legal rights as a consumer.
9.1 If you are purchasing goods from us as a consumer (meaning you are not acting within the course of your business, trade, or profession), to the extent permitted by law, we do not accept liability for:
9.1.1 Unforeseeable loss (loss is foreseeable if it was an obvious consequence of our breach or if both parties contemplated it at the time of entering into the contract);
9.1.2 Loss that occurs when we are not at fault or in breach of these Terms and Conditions; and
9.1.3 Business loss (including loss of profits, business, contracts, goodwill, business opportunity, and similar losses, as well as business interruption).
9.2 If you are a trade customer, our liability to compensate you (whether in contract, tort, breach of statutory duty, or otherwise) is limited to any refund we provide under these Terms and Conditions or at our discretion.
9.3 Notwithstanding clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort, breach of statutory duty, or otherwise) for: (i) Loss of profits, business, contracts, goodwill, business opportunity, and similar losses, or any business interruption; or (ii) Indirect or consequential loss. Furthermore, we will not be liable for any other loss that is not a foreseeable consequence of our breach of these Terms and Conditions or our legal duties.
9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire agreement between us.
9.5 These Terms and Conditions do not affect your legal rights as a consumer, nor do they exclude or limit our liability to you for fraud, fraudulent misrepresentation, death or personal injury resulting from our negligence, or any other liability that cannot be limited or excluded by applicable law.
9.6 The goods are intended for use in the UK only, and we cannot guarantee their compliance with laws, regulations, or standards applicable outside the UK. All goods are sold in accordance with the manufacturer's specifications and are subject to any qualifications, representations, or instructions provided with the goods.
9.7 If you are a trade customer and subject to clause 9.5, we are not responsible for the use or installation of any goods by you. Therefore, as a trade customer, you agree to hold us harmless and indemnify us against any liability associated with any claim or allegation that we are responsible for any failures in the installation or use of the goods we supply.
10. Age Requirements for Specific Goods
10.1 When you place an order or purchase age-restricted goods such as solvents, axes, knives, and knife blades, you confirm that you are over the age of 18 and that, if applicable, delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe that you do not meet the age restrictions for certain goods.
11.1 We may suspend further supply or delivery, halt the delivery of goods in transit, or terminate our contract by providing written notice to you in the following circumstances: if you breach an obligation under these Terms and Conditions, if you become unable to pay your debts when they become due, or if proceedings alleging bankruptcy or insolvency are commenced by or against you, or if an administrator, receiver, or administrative receiver is appointed or is likely to be appointed over your undertaking and assets. Upon termination, any outstanding payments you owe us (even if they are not yet due for payment) will become immediately due and payable, and we will have no further obligation to supply goods to you.
12. Events Beyond Our Control
12.1 We shall not be held liable for any failure or delay in the supply or delivery of goods, or for any damage or defect to goods supplied or delivered under this agreement, or for any other liability arising from events or circumstances beyond our reasonable control. Such events or circumstances include, but are not limited to, accidents, extreme weather conditions, fires, explosions, floods, storms, earthquakes, natural disasters, failures of telecommunication networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts, and other industrial disputes, acts or restraints of the Government, and imposition or restrictions of imports or exports.
13. Disposal of Electrical and Electronic Equipment
Disposal of Electrical and Electronic Equipment
13.1 The WEEE regulations (January 2013) are in place to reduce the amount of waste generated by certain electrical and electronic equipment, ensure its separation from household waste, facilitate separate collection, and promote environmentally sound disposal through recycling and recovery. If you are a trade customer, you agree that the responsibility for the collection, recovery/treatment, and disposal of non-household electrical or electronic equipment purchased from us rests with you. For household waste, please take it to your nearest Designated Collection Facility (DCF) equipped for proper disposal. To find your nearest DCF, please visit the following website: www.recycle-more.co.uk. West Midland Electrics Ltd contributes financially to the operation of these facilities and the subsequent recycling of this waste.
14.1 If any provision of these Terms and Conditions, including any provision that excludes or limits our liability to you, is found to be invalid, illegal, or unenforceable, it will not affect the validity, legality, or enforceability of the other provisions of these Terms and Conditions or the remaining part of the provision in question. Our contract shall be governed by and interpreted in accordance with English law.
14.2 All "Was" prices shown reflect the previous higher prices throughout the entire previous catalog period (7th January to 5th March, or the highlighted period on the page if shorter), and those products were available for purchase at those higher prices from any of our stores, on www.wmestore.co.uk, and through our Contact Centre. For further details, please contact us using the information provided below.
14.3 All images are for illustrative purposes only. Contents and accessories shown in the images are not included unless stated otherwise in the product description.
15. Contact Details
15.1 For placing orders, order cancellations, order discussions, or making complaints regarding your order, please contact us via mail at West Midland Electrics Ltd, Trade House, Mead Avenue, Houndstone Business Park, Yeovil, BA22 8RT, by phone at 0121 523 4987, or by email at [email protected]. Please note that calls may be recorded for quality and training purposes.
VAT: All prices include VAT at 20% (unless otherwise indicated) and are subject to changes in taxation.
17. Alternative dispute resolution
17.1 Alternative dispute resolution is a formal mechanism in which an impartial entity examines the details of a dispute and endeavors to reach a resolution, eliminating the need for litigation. The European Union has established an Online Dispute Resolution (ODR) platform to facilitate this process. Should you be dissatisfied with our handling of a complaint related to your transaction, you have the option to submit your dispute for online resolution through the ODR Platform at www.ec.europa.eu/odr.
© West Midland Electrics Ltd. Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, is strictly prohibited without written permission. Quantities and measurements are approximate. Trademarks acknowledged. Exact products may vary from those shown. All products subject to availability. West Midland Electrics is a trading name of West Midland Electrics Ltd., registered in England No. 05270828