This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the items (Items) listed on our area of the website portal https://www.warp-it.co.uk/leedsbeckett (our Portal Area) to you. Please read these terms and conditions carefully before acquiring any Items from our Portal Area. You should understand that by requesting any Items, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Items from our Portal Area.
1. Information About Us
1.1 Waste Action Resource Efficiency Limited operates the website https://www.warp-it.co.uk/leedsbeckett and we have subscribed to use such website. We are Leeds Beckett University, and with our registered office / principal place of business at Rose Bowl, Portland Crescent, Leeds, LS1 3HB, West Yorkshire .
2. Your Status
2.1 By placing an order through our Portal Area, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old.
3. How the Contract Is Formed Between You and Us
3.1. After placing an order, you will receive electronic notification from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to supply an Item to you that has been made available on our Portal Area. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Item is available for collection (Collection Confirmation). The contract between us (Contract) will only be formed when we send you the Collection Confirmation.
3.2 The Contract will relate only to those Items whose availability we have confirmed in the Collection Confirmation.
4. Availability and Delivery
Your order should be collected by the collection date set out in the Collection Confirmation or, if no collection date is specified, then within a reasonable time of the date of the Collection Confirmation; unless there are exceptional circumstances outside of our control.
5. Risk and Title
5.1 The Items will be at your risk from the collection date set out in the Collection Confirmation.
5.2 Ownership of the Items will only pass to you from the time of collection.
6.1 We warrant to you that any Item obtained from us through our Portal Area will, on collection, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Items of that kind are commonly supplied.
6.2 You agree and warrant to us that the Items are for your use only and shall not be used by any third party under any circumstances without our written consent.
6.3 Please note that you must comply with all applicable laws and regulations of the Country from which the Items are used. We will not be liable for any breaches by you of such laws.
6.4 We will make the Items available to you on the basis that you must ensure that the Items are safe and fit for purpose; including but not limited to, testing and tagging any electrical Items before use and any decontamination required for medical Items.
7. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Portal Area, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Portal Area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8. Transfer of Rights and Obligations
8.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
8.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
9.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
9.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11. Entire Agreement
11.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
11.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
11.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) will be for breach of contract.
11.4 Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
12. Limitation of Liability
12.1 Nothing in this clause limits or excludes liabilities which cannot be excluded by law.
12.2 Subject to 12.1 we shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a Contract.
12.2 Subject to 12.1 our total liability to you for all other losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid for the item.
13. Force majeure. We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control.14. Our Right to Vary These Terms and Conditions
14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you request Items from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Collection Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of collection by you of the Items).
15. Third party rights. No third parties shall have any rights under this agreement.
16. Law and Jurisdiction
Contracts for the purchase of Items through our Portal and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.