1.1. These Terms and Conditions govern the supply of goods sold by Whale Parts Direct (a trading name of Whale Tankers Limited No. 04251423) of Whale Tankers, Ravenshaw Way, Solihull, West Midlands, B91 2SU, United Kingdom (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto. Our VAT number is 849 7450 79.
1.2. All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us.
1.3. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking “Place order and pay” button on the checkout page.
2.2 All orders placed by you , and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to your or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
2.4 We aim to deliver your products where possible by next working day or by the estimated delivery date set out in the confirmation email or, in the case of pre-ordered Products, we will contact supplier to obtain an estimated delivery time. Whale Parts will then contact you to discuss this and confirm acceptance. If we are unable to meet the estimated delivery date because of an event outside our reasonable control we will contact you to discuss a revised estimated delivery date. Full details of delivery methods and despatch times are available on http://www.whalepartsdirect.co.uk/billing-and-delivery
3.1 The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for delivery as advised to you. The price payable for the goods excludes VAT.
3.2 We reserve the right to update the price of goods, from time to time but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order and may decline it or limit the order quantity of goods sold.
3.3 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.4 Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
3.5 We must receive full payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed. Orders will be processed where and account is in operation between us and the customer. Variance of this must be agreed in advance in writing.
3.6 For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
3.7 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
3.8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
3.9 We recommend that you do not communicate your payment card details to anyone, including us, by email. Subject to clause 8.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.10 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
3.11 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
3.12 The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format.
3.13 Any "Was" price displayed on the website shows the item’s previous selling price for a period of at least 30 days prior to the reduced price coming in to effect, unless otherwise stated.
3.14.1 Where credit is granted, unless otherwise agreed in writing, all sums payable in respect of Whale Tankers Limited trading as Whale Parts Direct must be paid without deductions within 30 days from the date in which the invoice was raised unless otherwise agreed.
3.14.2 Failure to pay by the due date shall entitle the Company to suspend delivery of all unexecuted or future orders. The time for payment of the price of the Products shall be of the essence.
3.14.3 We reserve the right at any time in its absolute discretion to demand immediate payment of any account whether due or not and to take legal action to recover the debt and costs.
3.14.4 If payment is not made in accordance with these terms and conditions, the we reserve the right to charge Statutory Interest plus 4% on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Customer.
3.14.5 In the event of any cheques, standing orders or direct debits due from a Customer to the us being dishonoured, a charge of £45 (or such other sum as the Company may from time to time advise the Customer) will be made on the Customer’s account to cover bank and administrative costs.
3.14.6 We reserve the right in its absolute discretion to refuse to grant credit.
3.14.7 We may, at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by us to the Customer.
3.15 Current UK rates of VAT will be due if you buy from us from the EU. We can supply products at zero rated VAT only if you are a company registered for VAT in a EU country and you supply us with your VAT registration number, including the 2 letter country code. Current UK VAT rates will be charged if this information is not available. VAT will be zero-rated for supply of products outside the EU.
4.1 We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances). but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject to clause 5 and 11. In addition to your rights under clause 5 and 11, in the unlikely event that we do not make the goods available to you within 30 days of placing your order you will have the option of cancelling your order by notifying us accordingly prior to delivery.
4.2 Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
4.3 For reasons of health and safety and to avoid any property damages, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.
4.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 5 business days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
4.5 Without prejudice to Clause 4.4, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods unless otherwise agreed; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
5.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
6.1 You may cancel your order by giving us notice of cancellation prior to delivery to you. Such notice may be given by phone, mail, fax or email using the contact details set out at clause 13.
If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation. In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation.
6.2 Where your order comprises multiple delivery shipments, the 30 day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
6.3 You will lose your right to cancel after the delivery of the item referred to in clause 6.1 (this does not affect your rights if there is any problem with your goods).
6.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (with the original packaging) without undue delay and in any event within 5 business days after the day of the cancellation at your cost, unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.
6.5 Following cancellation, subject to clause 8.6 we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:
6.6 We will refund you using the same means of payment as you used to pay for your order or purchase.
6.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
6.8 Your right of cancellation does not apply to goods that are customised to your requirements, made to measure , made to your specifications or clearly personalised. Your right to cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons, if you have opened the product packaging after delivery or collection.
6.9 We will not accept any returns nor pay refunds in the event that the goods returned are returned as a result of normal “wear and tear” of the goods.
7.1 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30 day period in clause 6.1.
7.2 Without prejudice to your right to cancel orders generally, if you have notified us of a problem with the goods within 30 days of delivery, we may at our option either offer to make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery; or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.
7.3 The provisions of clauses 6 and 7 do not affect your legal rights if you are a consumer.
8.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
8.2 As a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
8.3 Without prejudice to clause 8.2, if you are a trade customer, we shall not be liable to you(whether in contract, tort (including negligence), breach of statutory duty or otherwise)for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
8.4 As a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
8.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
8.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other 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 contained in the documentation associated with the goods.
8.7 As a trade customer and subject to clause 8.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
9.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by communicating to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
10.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
11.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected.
11.2 You and we agree that English law applies to these Terms and Conditions and that any dispute between us arising out of our connection with Terms and Conditions will only be dealt with by the English courts, unless you are a resident in another party of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
11.4 Intellectual Property Issues - Whale Tankers Limited and its licensors and suppliers own the Material, trademarks, services marks, logos, and other Material or content that are displayed on, or made available through, the Site. These Material, trademarks, service marks and other material or content are protected by UK and foreign copyright, trademark, patent, and/or other intellectual property laws and other applicable laws; they may not be used in any manner, or for any purpose, without express written permission, except as provided for herein.
You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.
11.5 Security Of The Website - While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized alterations to the Site by third parties, please contact us as soon as possible at firstname.lastname@example.org with a description of the materials at issue and the URL or location of such materials.
11.6 Warranties - We provides a 12 month warranty on all new parts supplied and a 3 month warranty for reconditioned parts which runs from the date of invoice.
11.7 Inbound and Outbound Links - If you link to the Site, the link may not be used in any way that suggests that the Cloud Security Alliance endorses you or your website, or that disparages the Cloud Security Alliance or its products or services. We reserve the right to request that you remove any link to the Site.
The Site provides links to other web sites and online resources. We are not responsible for, and do not endorse, such external sites or resources. Your use of third party websites and resources that are linked to our Site is at your own risk.
12.1 If you wish to make an order, cancel or discuss your order or make a complaint with respect to your order please contact us using these details
Tel: +44 (0) 121 704 5720
Fax: +44 (0) 121 704 5758