Terms & Conditions

Wellocks – Terms and Conditions of Sale

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 11 (LIMITATION OF LIABILITY).

1. About us

1.1 Company details Richard Wellock & Sons Limited, registered number 04296795 whose registered office is at The Riverside Building Livingstone Road Hessle, East Yorkshire, HU13 0DZ. Our main trading address is 4 Pendleside, Lomeshaye Industrial Estate, Nelson, Lancashire, BB9 6SH. Our VAT number is 303424505. We operate the website https://www.wellocks.co.uk .

1.2 Contacting us. To contact us, telephone our customer service team at 01282 602988, email sales@wellocks.co.uk or write to Richard Wellock & Sons Limited 4 Pendleside, Lomeshaye Industrial Estate, Nelson, Lancashire, BB9 6SH.

2. Our contract with you

2.1 Our contract. Subject to clause 2.2 below, these terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). The Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or that are implied by trade, custom, practice or course of dealing.

2.2 Separate Commercial Terms Where you have entered into separate written commercial terms or a supply agreement with us ("Commercial Terms"), those Commercial Terms shall take precedence over these Terms and Conditions in the event of any conflict or inconsistency.

2.3 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.4 Language. These Terms and the Contract are made only in the English language.

3. Placing an order and its acceptance

3.1 Placing your order. Each order you place is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.2 Order Cut Off time. Your delivery date will be next day unless you specify otherwise in your Order, subject to you having placed your order by the next day delivery cut off time for your delivery region. Please refer to the FAQs on our website for these times and delivery regions at https://www.wellocks.co.uk/faqs/ .

3.3 Change of Order. You may make a change to the Order for Goods at any time before 5.30pm on the evening prior to delivery day of the Goods by contacting Us at on 01282 602988,  or by email to sales@wellocks.co.uk

3.4 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.5 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6 below.

3.6 Accepting your order. You Order will be accepted at the point at which we despatch your Goods at which point the Contract between you and us will come into existence.

3.7 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order.

3.8 Incorrect orders and returns. If you believe the Goods are faulty, not as described, or have been supplied in error by us, you must notify us by 5.00pm on the day of delivery. We will investigate the issue and, where we agree there has been an error or issue with the Goods, we may replace the Goods or issue a credit. Requests to return Goods ordered in error by you are not automatically eligible for credit and are subject to our prior authorisation. This return process does not apply to perishable Goods and special-order Goods, which you are not entitled to return.

Where we agree to accept a return:

      1. the Goods must be kept in appropriate condition and made available for collection;
      2. a restocking fee of up to 25% of the item value, capped at £25, may apply depending on the product type and condition.

4. Our goods

4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.

4.2 We cannot guarantee that your computer's display of the colours OR the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.

4.3 The packaging of your Goods may vary from that shown on images on our site.

4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

5. Cancellation

5.1 Subject clause 5.2, you may cancel the Order on the day before delivery no later 5.30pm. To cancel, notify us at Sales@wellocks.co.uk or

5.2 This cancellation right does not apply in the case of Pre-Order Items, which will continue to be delivered and charged for.

6. Delivery, transfer of risk and title

6.1 The delivery date will usually be next day delivery from the Order being placed, but this will vary depending upon the time the Order is placed and is also subject to changes due to bank holidays. See our FAQs for delivery timings https://www.wellocks.co.uk/faqs/.

6.2 Where you request a specific delivery date, your Order will be delivered on the requested delivery date, where reasonably possible. Any delivery dates or times are estimates only and time shall not be of the essence. We will use reasonable endeavours to meet requested delivery dates.

6.3 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.

6.4 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

6.5 If no one is available at your address to take delivery, we will leave your order in a place deemed safe by our Delivery Driver. Please refer to clause 7 for your responsibilities.

6.6 You own the Goods once we have received payment in full, including of all applicable delivery charges.

6.7 If we fail to deliver the Goods, our liability is limited to the cost you incur in obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver the Goods was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

6.8 If you fail to take delivery of the Goods on the day on which we notified you that the Goods were ready for delivery, we may resell part or all the Goods.

6.9 Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.

7. Delivery out of hours

7.1 In respect of any meat, fish or dairy products that we deliver, we strongly recommend that suitable chilled and secure storage is available for all unattended deliveries (for example, a lockable refrigerated storage area or cool box).

7.2 Where, at your written request, we agree to make a delivery at a time when the premises are unattended, and/or the goods are left in an unchilled and/or unsecured location:

      1. you acknowledge and accept the associated risk of loss, theft, damage or deterioration of the goods; and.
      2. you agree that you are responsible for the safety and hygiene of the goods to ensure that they goods are stored correctly as soon as possible to ensure food safety standards.

7.3 The responsibility for safety and hygiene of the goods (in clause 7.2 above) begins from the start of the specified delivery window (e.g. 0100 where delivery window is 0100-0700).

7.4 Wellocks are not responsible for the food safety of the goods after delivery and you indemnify Wellocks in respect of any claims, liability costs or expenses made or incurred in connection with the delivery of the goods to an unattended, unchilled or unsecure location, where Wellocks has complied with the agreed delivery instructions.

8. Price of goods and delivery charges

8.1 The prices of the Goods will be as quoted on our site at the time you submit your Order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 5 for what happens if we discover an error in the price of Goods you ordered.

8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

8.3 The price of Goods excludes VAT. If VAT is payable in respect of some or all the Goods, you must pay us such additional amounts in respect of VAT, at the prevailing rate, at the same time as you pay the price of the Goods.

8.4 The price of the Goods includes delivery charges, unless stated.

8.5 We sell many Goods through our site. Despite our best efforts, some Goods may be incorrectly priced on our site. We normally check prices when we prepare your order for dispatch so that:

      1. if the correct price for the Goods is lower than the price stated on our site, we will charge you the lower amount when dispatching the Goods to you; and
      2. if the correct price for the Goods is higher than the price stated on our site, we will contact you as soon as possible to inform you about this error and to give you the option to continue with your purchase of the Goods at the correct price, or to cancel your order. We will not process your order until you tell us what you want to do.
      3. If we are unable to contact you using the contact details you gave us when you placed your order, we will treat your order as cancelled and notify you in writing. If we mistakenly accept and process your order where there is an obvious and unmistakeable pricing error that you could reasonably have recognised as mispricing, we may cancel the supply of the Goods and refund any sums you have paid.

9. How to pay

9.1 Where We are providing Goods to you, you must make payment for Goods in line with the agreed credit terms.

9.2 If you do not make any payment due to Us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Yorkshire Bank from time to time.

9.3 This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

9.4 Failure to make payment within the agreed payment terms may result in your Account with us going on STOP.

9.5 Without limiting any of our other rights or remedies, we may suspend delivery of the Goods or place your account on STOP with immediate effect, without liability, if any payment due to us is overdue or where we reasonably believe that your ability to pay for the Goods is at risk.

10. Our warranty for the goods

10.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

10.2 We provide a warranty that on delivery, the Goods shall:

      1. subject to clause 4, conform in all material respects with their description; and
      2. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
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10.3 Subject to clause 4, if:

      1. you give us notice in writing in the required timescale relating to the Goods (as set out in our FAQs https://www.wellocks.co.uk/faqs/) that some or all of the Goods do not comply with the warranty set out in clause 2;
      2. we ask you to do so, you return the Goods to us at your cost, we will, at our option, and where we agree the warranty has been breached, repair or replace the defective Goods or credit the price of the defective Goods in full.

10.4 We will not be liable for breach of the warranty set out in clause 2 if:

    1. You do not notify us within the timescales set out in clause 10.3;
    2. you make any further use of the Goods after giving notice to us under clause 3;
    3. you alter or repair the Goods without our written consent;
    4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
    5. the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

10.5 We will only be liable to you for the failure of the Goods to comply with the warranty set out in clause 2 to the extent set out in this clause 10.

10.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

10.7 These Terms also apply to any repaired or replacement Goods we supply to you.

11. Our liability: your attention is particularly drawn to this clause

11.1 The following definitions apply in this clause 11:

      1. liability: any kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including but not limited to negligence) or otherwise; and
      2. default: any act or omission resulting in liability.

11.2 Nothing in these Terms limits or excludes:

      1. liability for death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
      2. liability for fraud or fraudulent misrepresentation;
      3. liability for breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
      4. liability that cannot legally be limited.

11.3 Subject to clause 2, our total liability shall not exceed 100% of the sums paid or payable to us under the Contract.

11.4 Subject to clause 2, we exclude our liability for loss of profits and indirect or consequential loss.

12. Events outside our control

12.1 We will not be liable for any failure or delay in performing any of our obligations under the Contract for so long as, and to the extent that, its performance is prevented, hindered or delayed by any act or event beyond our reasonable control (Event Outside Our Control).

12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any Goods you have already received and we will refund the price you have paid, including any delivery charges.

13. Customer Conduct and Treatment of Our Staff

13.1 We expect all customers to treat Our employees, agents and subcontractors with courtesy and respect at all times. This includes, without limitation, our delivery drivers, customer service team, warehouse staff and any other personnel acting on Our behalf.

13.2 We will not tolerate abusive, threatening, aggressive or discriminatory behaviour towards any member of Our staff. This includes behaviour occurring in person, over the telephone, by email, or during delivery or collection of Goods.

13.3 If, in Our reasonable opinion, you or anyone acting on your behalf behaves in a manner that is abusive, threatening, aggressive or otherwise unacceptable, We reserve the right to: (a) refuse to complete a delivery; (b) withdraw access to credit terms; (c) place your account on STOP; (d) suspend or terminate the contract between you and Us; and/or (e) refuse to accept future Orders.

13.4 Where We suspend or terminate the contract under clause 13.3, We will notify you in writing. Any outstanding payments for Goods already delivered will remain payable.

13.5 Nothing in this clause affects Our rights under any other part of these Terms.

14. Communications between us

14.1 A reference to writing or written in these Terms excludes fax but not email.

14.2 Any notice given under or in connection with the Contract shall be in writing and shall be by email to sales@wellocks.co.uk

14.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution, in which instances we should be contacted in writing to The Finance Director at Richard Wellock & Sons Ltd at 4 Pendleside, Lomeshaye Industrial Estate, Nelson, Lancashire, BB9 6SH.

15. How we use your personal information

15.1 We will primarily use the personal information you provide to Us to:

      1. Provide the Goods;
      2. Process your payment for such Goods; and
      3. Inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

15.2 Please refer to our privacy policy at https://www.wellocks.co.uk/privacy-policy/ for more detail as to how your data will be used.

16. General

16.1 No variation of the Contract shall be effective unless it is in writing and signed by you and us (or our respective authorised representatives).

16.2 If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

16.3 Severance Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them (or part of them) is invalid, illegal or unenforceable, it shall be deemed deleted, but the remaining paragraphs shall remain in full force and effect.

16.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.5 Governing law and jurisdiction. The Contract is governed by English law and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts, save that you my bring proceedings in Scotland if you are an individual customer who is a resident of Scotland or a company registered in Scotland.