EKS Brand UK is a sole trader/brand trading under UK registered company 2W Distribution Ltd (company no. 09025195).
We comply fully with UK law relating to mail order companies and the distance selling regulations. We want you to be totally happy with your purchase and our service and invite your comments if we fail in any way. Our terms and conditions do not affect your statutory rights. We operate as an ethical, customer focused business and make every effort to ensure a positive experience in dealing with our customers. We know that you have a choice, and appreciate that you choose us.
Format of the Contract
These terms of sale apply to all goods supplied by EKS Brand UK/2W Distribution (the "Supplier").
No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
The contract is subject to your right of cancellation (see below).
The Supplier may change these terms of sale without notice to you in relation to future sales.
Description and price of the goods
The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
All prices shown are in GBP. You have the option to change the currency on the website using the currency menu.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found after accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) have been charged and not dispatched we will cancel and refund your order.
In addition to the price, you may be required to pay a delivery charge for the goods.
Payment
Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment is made immediately when you place your order online.
There will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
Delivery - see our Shipping and Postage
The goods you order will be delivered to the address you give when you place your order.
If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
I. Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
II.Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery.
Risk
The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
The goods, and all other sums which are or which become due to the Supplier from you on any account.
The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
Cancellations & Returns - see our Returns Policy.
Warranty
All goods supplied by the Supplier are warranted free from defects for 1 month from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval.
If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via e-mail within 7 working days.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via e-mail, as soon as possible, defect or complaint.
If you wish to return the goods for inspection, repair of cancellation then you will be responsible for returning the goods to the Supplier at your own cost.
Limitation of Liability
If you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
I. There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
II. Such loss or damage is not a reasonably foreseeable result of any such breach;
III. Any increase in loss or damage resulting from breach by you of any term of this contract.
If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Place of Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.