Trading terms, conditions and policies
| Terms and Conditions & Sales Contract |
The following terms and conditions for the sale of goods ('the Conditions') will govern all Contracts for sale online, by e-mail, telephone or by post that we, the Seller, enter into with you, the Customer, to the exclusion of all other terms and conditions. Please read these Conditions carefully.
All matters concerning and incidental to any offer or agreement for the purchase and sale of goods from our website shall be in English and construed and governed according to English law and the English courts shall have jurisdiction in all such matters.
These terms and conditions are subject to change at any time without prior notice to you. Any such change shall not affect any contract subsisting between us at the time of such change.
We advise you, to print and keep safe a copy of these Terms and Conditions.
Your continued use of this website indicates your acceptance of these terms and conditions.
Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship. In the event that there is a discrepancy between the website and these Conditions, the Conditions shall have precedence.
| Statutory Rights |
These provisions do not affect your statutory rights relating to faulty or misdescribed goods or your right to cancel orders under the Sales of Goods Act 1979 and the Consumer Protection (Distance Selling ) Regulations 2000 and their revisions. Further details of which are available from the Office of Fair Trading; your local Trading Standards Department and Citizens Advice Bureau.
| Seller |
The Seller for items available on walkhigh.co.uk is DAW Brands Limited a limited liability company registered in England and Wales with registered number 7777615. The registered office is 20 Market Hill, Southam, CV47 0HE. VAT No GB 132 0385 52. Trading and correspondence address is DAW Brands Limited T/A Walkhigh , Unit 2-3, Warwick House Business Park, Banbury Road, Southam, Warwickshire, CV47 2PT, UK. UK telephone number 01926 678231 (standard landline call charges apply.)
| Specifications |
The information in this website is given in good faith. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation and give no warranty as to its accuracy.
All drawings, descriptive matter, specifications and advertising on our website are for the sole purpose of giving approximate descriptions of the goods. All measurements are approximate and the reproduction of colours is as accurate as the photographic and production process will allow. However, if your goods do not conform to the specification displayed on the website relating to such goods at the date of purchase and as a direct result you wish to exchange or return the goods, follow the Returns Procedure.
We reserve the right to substitute items for equivalent items of equal or greater value and of equal or better performance where in our opinion there may be an unacceptable delay in obtaining the original item.
The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
We do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
| Order acknowledgement |
You are deemed to accept these Conditions when you place an order for goods with us. Your order will be acknowledged via email, if you enter a correct email address, on the understanding that delivery is subject to availability. The email response sent to you to acknowledge receipt of your order does not constitute acceptance of it. Acceptance of the order will take place on allocation of the goods to your order. Your offer is accepted and our contract begins with you, when the goods are dispatched.
| Availability of goods |
Your order for goods is subject to availability. If we do not supply goods to you for any reason we will inform you of the situation and will not charge you for those goods, we will obviously refund any money already paid by you for the goods. However, we will not be responsible for compensating you for any other losses, which you may suffer if we do not supply goods.
We will identify items as Limited Availabily where we are aware of potential supply difficulties as a courtesy notice.
| Special Order items |
Any order for a product or service that is manufactured or customised to your specifications or for non-stock items that are ordered on your behalf or for non-tangible custom services for example installation or rope cutting, are binding and may not be cancelled; returned or refunded except if the Special Order item cannot be reasonably supplied and such exception shall only apply to the specific line item.
| Prices |
You will be charged the current price for buying goods from our website at the date you place your order.
We do our best to make sure that prices are correctly shown but very occasionally an error may occur. Due to exchange rate fluctuations and manufacturers policies, prices may also be altered from time to time without notice. If this should happen during processing your order, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price.
The Versaclimber Price Promise only applies for quotations obtained after registering your interest in the products with Walkhigh Mountaineering and provided by legitimate Versaclimber outlets and resellers including Versaclimber UK. It is not valid for grey imports, non-retail or private sales or for non UK mainland customers.
Currency (£ and €)
Prices indicated in Euros (€) are approximations for convenience and are not contractually binding. All orders are payable in GBP (£) sterling. We are sorry but payments in other currencies cannot presently be accepted.
Indicative exchange rate used is £1 = €1.20. Important: You may be charged a different exchange rate and additional fees by your bank or card provider.
| VAT and Duty |
All prices shown are inclusive of VAT at 20% where applicable.
Non EU customers may not be required to pay VAT provided goods are for permanent export from the EU.
Non-EU customers are required to pay local import duties and sales taxes according to local legislation. By ordering from us you assume responsibility for all non-UK taxation costs.
UK Forces stationed overseas can use 'BFPO Overseas' as their destination country to obtain VAT free invoicing. The customer must provide us with an application for exemption from VAT under Article 15.10 of the Sixth VAT Directive or, if not available, a written order/certificate confirming eligibility under that Article PRIOR to shipping.
| Cashback Discounts and Discount Club Card |
Cashback Discounts are available only to members of currently affiliated organisations or with a valid Offer Code or Discount Club Card. Discount Club Card is not valid on your first purchase or after 1 year from your last purchase. Offer Codes are valid for the month of publication only and cannot be combined with other discounts.Only current members qualify and are prohibited from purchasing on behalf of non members. Proof of entitlement is required. Discounts do not apply to shipping charges, sale items, items marked as Special Price or Special Offer, items where a Save value is already quoted or for Special Order items. You will be charged the full amount and the discount value will be refunded to your payment card when the order is shipped. Versaclimber, Magellan, Montane, Polar brands and Books, Videos and Ropes are also excluded from this promotion.
| Delivery & Installation Charges |
Please see our Post and Packaging page for specific charges depending on your location and value of order.
Charges will be shown prior to confirming your order online.
For specialist items that require installation such as professional gym equipment a fee is chargeable which covers labour and is additional to the item price. Installation for non-UK locations can be quoted on a case by case basis and a separate quotation will be issued on request.
| Payment |
Payment may be made by any of the methods indicated on our website and will be debited when we receive your order. All credit / debit card transactions are subject to validation checks and are authorised by the card issuer. We accept MasterCard, Visa, Delta, Switch and Solo. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order.
We can accept no responsibility if any details you provide us with are incorrect or if any order is held up as a result of incorrect details.
We reserve the right to amend prices if there is a change in the rate of VAT.
We do not offer credit facilities.
| Security |
We are fully committed to providing full security through our on-line service. We use secure socket layer (SSL) technology to ensure that your details are safe for all sales transactions with us. All information you provide is fully encrypted so that it cannot be read by third parties.
Credit card transactions are carried out via a fully approved Payment Services Provider which is accredited by the major banks so that no data is retained on our servers about your credit card. Your browser will confirm that you are shopping in a secure environment by showing a locked padlock icon or an image of a key in the bar at the base of your screen.
| Cancellation |
If, for any reason, you are unhappy with the item/s you have ordered you have the right to cancel (other than in respect of goods made to your specification or clearly personalised).
If you wish to cancel before the items are despatched you are asked to contact us, by e-mail, as soon as is practicably possible.
If your cancellation is received after the items have been despatched, please visit our Returns section and follow the Returns Procedure once your order arrives.
The Seller shall have the right to terminate this Contract without penalty within 28 days from the date we accept your order (or 45 days in the case of items delivered directly to you by the manufacturer.) In the event of termination we will gladly refund to you all sums paid to us and you shall return any goods that we have despatched to you. Termination of the contract shall be without prejudice to the rights and duties of either you or us accrued prior to termination.
| Delivery |
Please allow 28 days for delivery, however we make every effort to be consistently faster than this.
48 hour delivery can normally be arranged for an additional charge if you have an urgent requirement - please call to check stock before placing your order.
Where goods are delivered to your home directly by the manufacturer, Walkhigh Mountaineering or the manufacturer will call you to discuss a delivery date. The description of an item on our website will advise you whether the delivery is made to your home directly by the manufacturer. Deliveries of these items will generally take a minimum of 15 working days.
Deliveries are normally made between Monday to Friday during normal working hours.
A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery or billing address will be proof that you or the person to whom the order is addressed, has received the delivery. A signature and proof of identity (passport, driving licence or utility bill) may be required to enable you to receive your order.
We reserve the right not to dispatch to a delivery address other than the registered billing address.
In the event that an order is returned to us undelivered for any reason, payment of reasonable handling and postage costs must be received before we will re-dispatch your goods.
We regret that we cannot accept orders for and make deliveries to addresses outside of mainland Britain except those countries specifically enabled on the website. For delivery addresses within the mainland, we will endeavour to deliver the goods within the times stated above, but time shall not be of the essence. We shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods.
Title in the goods will pass to you when final payment of all sums owing in respect of those goods has been received in full by us and the goods are delivered to you. Should you return the goods pursuant to this Contract then title in the goods shall revert to us when we receive the goods in an acceptable condition (see Returns Procedure.)
You can browse our site(s) without disclosing any personal data to us. Any links to third party web sites are covered by the third parties privacy policies.
We do not automatically log personal data nor do we link information automatically logged by other means with personal data about specific individuals.
Cookies are placed / collected to monitor visits but not used to store personal data.
We will collect and store information about you to allow us to firstly, process and fulfil any order requirements and secondly to provide you with the best possible service. We will collect and store any personal data that you may volunteer whilst using our services. All information is collected lawfully and in accordance with the Data Protection Act 1998.
We may use the data for our own marketing purposes, including market research and to keep you up to date with any offers or information regarding our stores or direct sales channels.
The type of information that we will collect will include,
- Your title and name
- Known address
- Contact telephones numbers
- E-mail address
- Order and Payment details
Individuals registering their details or subscribing to any online service we currently offer or offer in the future do so on the understanding that they are aware of the intended purpose for the collection of data. They will be sent further information / communication via email only.
If you are currently receiving information from us and would prefer not to, please email firstname.lastname@example.org with "No further mailings" in the subject box.
Information about you will not be shared or transferred to any other companies without your consent.
We will strive to always hold accurate and up to date information about you. You can gain access to information that we may hold about you by writing to us.
We will provide you with a readable copy of any personal data that we may hold about you, within thirty days of receipt of your request.
We will provide the information at a charge of £10.00 payable with your request.
You should also enclose a self addressed and stamped envelope and proof of your identity before we will release any data.
In instances where you find information that we hold about you to be inaccurate we will correct or delete it promptly.
We reserve the right to refuse to provide a copy of any personal data held, but will give reasons for our refusal.
| Lost & Missing Deliveries |
If we are later than the relevant delivery time scales for the chosen method of delivery for your order, contact us within 7 days of the expected delivery date to check whether we've dispatched it to you.
You should also check that the delivery address is correct - you are responsible for entering this correctly during ordering, the delivery address is confirmed on your order confirmation.
If you entered any special delivery instructions, check whether these have been followed.
Normally we only dispatch when all items of your order are in stock to save you shipping costs, occasionally this may delay shipping.
Despite our efforts, there can sometimes be unforeseen delays in delivery. Contact your local postal sorting office as it's possible they have already tried to deliver your package, but were unable to.
If we've dispatched your order in the last few days and it still hasn't arrived within the delivery times specified above, please contact us and we'll do our best to locate it. For courier deliveries we will normally have a tracking record.
| Complaints |
We will use reasonable efforts to resolve disputes when they first arise and endeavour to acknowledge all complaints within 7 working days. If you have a complaint, contact us by writing to the Seller's address, clearly marking the envelope with "complaint"
| Copyright and Trade Marks |
The golden "Walkhigh.co.uk" logo and the "WM" Climber logo and the "carabiner foot emblem" and "Walkhigh lozenge" are trademarks of Walkhigh Mountaineering.
This website and its contents are Copyright © 2003-2012 Walkhigh Mountaineering. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
This website also contains material which is licensed to us. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
You may view, use, download and store the material on this website for personal and research use only. Commercial use of the material on this website is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without our prior written consent is prohibited.
| Web links |
This website contains links to other websites. We accept no responsibility or liability for the content of other websites which are not under our strict control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website.
You may not create a link to this website from another website or document without our prior written consent. Please send an email including your reasons for wishing to link to us and your source URLs for our consideration. If acceptable we will may optionally provide you with limited use of our graphics.
| Fraud and Unauthorised use |
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. Fraud will be treated particularly seriously as it results in higher prices for valued customers.
Denial of service attacks, viral and Trojan infection and other computer based hacking or attempts to cause malfunctions, inaccessibility or deformation of this website shall also be treated as an offence.
| Liabilities |
Climbing, mountaineering, hill walking, bouldering, scrambling and other related activities are potentially hazardous. It is the individual's own responsibility to learn and understand the proper techniques associated with safe participation in these activities and to fully accept and assume all risks, damages, injury or death which may result from the use of the items posted on the Walkhigh Mountaineering Internet site. You must always read the manufacturers instructions on care and use and follow these guidelines. All climbing equipment we sell meets the relevant standards for the purpose for which it was designed, but may not be safe if used in other ways. None of the equipment we sell is provided for use in commercial, industrial or professional applications, all liability for ensuring the products are suitable for the purpose, staff training, damages, losses and for any accident or injury resulting from the use of these goods is entirely accepted by the purchaser. By using this website purchasers acknowledge and accept these responsibilities and accept liabilty in full. For the avoidance of doubt, due to the diverse nature of climbing and industrial applications Walkhigh Mountaineering is not liable under any circumstances for the consequences of the use or misuse of products supplied or for warranting the safety or fitness for purpose of products supplied or for advice rendered verbally or in writing whether or not a product is purchased from us.
These terms and conditions do not exclude our liability (if any) for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Except as described in this section, we will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or reliance on any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any errors in the content of this website or any communication from us regarding the same.
| Force Majure |
We shall not be liable to you, for any failure or delay in performance of our contract, if it is due to an event beyond our reasonable control. Including, without limitation, acts of God, war, industrial dispute, fire, flood, tempest and national emergencies and if so delayed we shall be entitled to a reasonable extension of time for performing such obligations.