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Terms of Business

Navigating the legal landscape of any partnership is crucial, and that’s why we’ve outlined our Terms of Business with transparency and simplicity. Here, you’ll find all the essential information that governs our relationship with you, our valued client.

Our terms are designed to ensure a smooth and mutually beneficial experience. They provide clarity on what you can expect from us and what we kindly ask in return. This includes details on service delivery, payment policies, confidentiality agreements, and more.

We encourage you to read through these terms carefully to understand how we operate and to foster a strong, trusting relationship from the get-go. If you have any questions or need further clarification, our team is always here to assist.

By engaging with our services, you agree to these terms, which serve as the foundation for our ongoing commitment to excellence and customer satisfaction.

  • Life Outdoors Ltd trading as Wimba is a company registered in England and Wales (company number 11213048). Our registered office is at 65 Taunton Way, Stanmore, HA7 1DJ. References to the “Company”, “we”, “us” or “our” mean Life Outdoors Ltd. We operate the website www.thewimbaway.co.uk (the “Website”).
  • If you have any questions about these Terms of Business, please contact us by calling +44 208 611 2603 or by emailing info@thewimbaway.co.uk.
  • These Terms of Business govern our sale of Products to you.
  • Please read these Terms of Business carefully before purchasing any Products from us. They contain important information about your legal rights, remedies and obligations, including who we are, the terms under which we sell Products to you, how we may change these terms or end the contract, what to do if there is a problem, and other important information.
  • By purchasing Products from us, you agree to be bound by these Terms of Business and any documents expressly referred to in them. If you do not agree to these Terms of Business, you should not purchase the Products.
  • We recommend that you print or save a copy of these Terms of Business for future reference.
  • If you would like to receive a printed copy of these Terms of Business, please email us at info@thewimbaway.co.uk.
  • We especially draw your attention to Clause 17, which relates to the limitation of our liability.
  • No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of these Terms of Business unless expressly agreed otherwise in writing between the parties.
  • These Terms of Business are made only in the English language.
  • You must be at least 18 years old and have the legal capacity to enter into binding contracts to purchase Products from us. By accessing or using the Website, purchasing Products, or requesting services from us, you represent and warrant that you are 18 years of age or older and have the legal authority to enter into a contract.
  • If you act on behalf of a company, you represent that you have the authority to legally bind that entity and agree to indemnify us for any loss suffered if you do not.
  • To enter into a contract with you, we will collect certain information from you. Any information provided by you and collected by us will be processed in accordance with our Privacy Policy.
  • The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your device’s display accurately reflects the colour of the Products. Products may vary slightly from those images, and any depiction of Products with accessories is for illustrative purposes only. You should check that the Products you wish to purchase include any accessories shown before placing your order.
  • All Products shown on the Website are subject to availability.
  • All photographs, advertising and specifications provided by us are issued or published solely to give an approximate idea of the Products and do not constitute an exact or complete representation. While we aim to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements stated are subject to a tolerance of up to 5%.
  • Where Products are made to measurements you have provided, you are responsible for ensuring that those measurements are accurate.
  • If requested, we will explain the condition of the Products at the time of sale; however, this should not be construed as advice or a recommendation to purchase the Products or as confirmation of their suitability for your intended purpose.
  • We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on our Website are correct. However, although we aim to keep the Website as up to date as possible, the information on the Website may not always reflect the availability of the Products.
  • The listing of Products on our Website constitutes an invitation to treat only.
  • Once you have selected a Product, we will confirm whether it is available and whether we are able to sell it to you. Although we may endeavour to hold Products for you to complete aspects of the sale if requested, any such agreement does not constitute acceptance of your offer to purchase the Products.
  • Before completing your order, you will be required to provide certain information to us. This information will be processed in accordance with our Privacy Policy.
  • After you place an order, you will receive an email acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Acceptance will occur as described in Clause 4.6.
  • Our acceptance of your order takes place when we send you an email confirming that we accept your order. At that point, a legally binding contract between you and us for the sale of the Products will come into existence (the “Order”).
  • If we are unable to supply the Products for any reason, we will inform you as soon as possible and will not process your order. If you have already paid for the Products, we will refund the full amount within 7 days.
  • We may refuse to accept an order for any of the following reasons:
    • The Products are no longer available.
    • We are unable to collect payment from you.
    • There was an error in the pricing or description of the Products.
    • You do not meet the eligibility criteria set out in Clauses 2.9 or 2.10.
    • We have reason to suspect fraudulent activity.
  • This Clause 5 applies to consumers only. You are a consumer if you purchase the Products for domestic and private use only (a “Consumer”).
  • If you are a Consumer, in accordance with the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, we must provide you with certain information to establish a valid and legally binding agreement between you and us. This information is set out in these Terms of Business.
  • If you purchase Products as a Consumer, you agree not to use the Products for any commercial, business or resale purposes.
  • You acknowledge and agree that the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 apply to Consumers only and do not apply to trade or business users.
  • As a Consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms of Business affects those rights. You also have certain rights to change your mind, which are set out in Clause 11.
  • This Clause 6 applies only if you are a business (a “Trade User”).
  • As a Trade User, you confirm that you have the authority to bind any business on whose behalf you purchase the Products.
  • These Terms of Business, together with any documents expressly referred to in them, constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms of Business or any document expressly referred to in them.
  • You agree and understand that the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 do not apply to Trade Users.
  • This does not affect your statutory rights under the Sale of Goods Act 1979 or your rights if the Products are faulty, not fit for purpose, or not as described.
  • The Purchase Price for the Products will be as quoted at the time you place your order. We take all reasonable care to ensure that the Purchase Price of the Products is correct at the time the information is entered onto the system.
  • The Purchase Price that we quote will be in GBP. Payments must be made in GBP and any refunds will only be issued in GBP. We do not accept liability for fluctuations in exchange rates, which may affect the price or your refund.
  • We may change the Purchase Price at any time without notice to you, but any changes will not affect orders that have already been accepted by us.
  • The Purchase Price includes VAT (where applicable) at the current UK rate at the time of purchase. If the VAT rate changes between your order date and delivery date, we will adjust the VAT unless you have already paid in full.
  • Unless expressly stated otherwise at the time of purchase, the Purchase Price does not include delivery fees, which will be quoted separately.
  • The Purchase Price does not include assembly services. We do not offer assembly services directly but may provide contact details of third-party providers on request. We are not responsible or liable for any assembly services provided by third parties.
  • Despite reasonable efforts, some Products may be incorrectly priced. If we accept an order with an obvious and unmistakeable pricing error that could reasonably have been recognised by you, we may cancel the sale and refund any sums paid.
  • Price Match Guarantee
    • Eligibility:
      • Applies to identical products or services available from authorized UK retailers within 100 miles of our store.
      • The product or service must be new, in stock, and available for immediate purchase.
    • How It Works:
      • If you find a lower price on an identical item, provide proof of the competitor’s offer (advertisement or website link).
      • We will match the price or refund the difference to ensure you get the best deal.
    • Exclusions:
      • Does not apply to clearance items, limited-time promotions, or special events.
      • Does not cover auction sites, membership clubs, or unauthorized sellers.
    • Process:
      • Contact our customer service team to initiate a price match request.
      • We will verify the competitor’s offer and adjust the price accordingly.
    • Terms and Conditions:
      • The competitor’s offer must be current, valid, and verifiable.
      • Price matching is limited to one item per customer per day.
      • We reserve the right to modify or discontinue this guarantee at any time.
    • Remember, at Wimba, your satisfaction is our priority. Shop confidently knowing you’re getting the best deal with our Price Match Guarantee.
  • You can make payment for the Products by following the instructions on our Website or by contacting our Customer Services Team for assistance.
  • In some instances, we may accept payments by BACS. We are not responsible for payments made to the wrong account, so you should verify our bank details by calling our Customer Services Team once you have received an invoice.
  • We will never change our bank details via email. If you receive an email claiming a change in banking details, please verify it by telephone. Do not rely on email for such verification.
  • In some cases, we may be able to reserve Products for you for an agreed period. We may require a holding deposit to be paid at the time of reservation (“Deposit”).
  • Where no specific time to complete the purchase is agreed and a Deposit has been paid, we reserve the right to issue an invoice requesting final payment, with payment terms of 28 days from the invoice issue date.
  • When we collect a Deposit and agree to hold Products for you under Clauses 8.4 or 8.5, time for payment is of the essence. If payment is not received by the specified date, we may sell the Products to another customer.
  • Unless expressly agreed otherwise at the time of order, Deposits are non-refundable unless you are a Consumer and your purchase is cancelled within the Cooling-Off Period in accordance with Clause 12.
  • If we reasonably suspect a fraudulent payment, we will not dispatch the Products and any refunds will only be carried out once authorised by our bank.
  • The title to Products remains with us and will not pass to you until we have received full cleared payment for the Purchase Price and all charges associated with the sale of the Products.
  • If you have possession of the Products before full payment has been made, you agree to:
    • Keep possession of the Products and not, nor instruct anyone else to, sell, export, hand over, or dispose of any interest in them. You agree to indemnify us if you do.
    • Keep all identifying marks showing that we own the Products clearly displayed.
    • Preserve the Products in the same state as on delivery and not modify, restore, repair, reframe, or alter them.
    • Keep the Products safe and use your best endeavours to prevent any damage to or deterioration of the Products.
    • At our request, and subject to reasonable notice, allow us or a third party acting on our behalf to access the Products in order to inspect them.
  • If you have possession of the Products but title remains with us, we have the right to take possession of the Products at any time in accordance with these Terms of Business.
  • Payment for the Products and all other applicable charges must be made in advance. We must receive cleared payment before dispatching the Products.
  • Once we have received full payment and accepted your order, we will process it for delivery.
  • Delivery lead times may vary, and you will be advised of estimated delivery times at the time you place an order.
  • We currently offer Collection, Standard Home Delivery, and Express Home Delivery services. Delivery options will be provided at the time of order.
  • All delivery lead times are subject to Clause 18 (Events Outside Our Control). We are not responsible for delays outside our control. If such delays occur, we will contact you to minimise the effect. If a substantial delay occurs, you may end the contract and receive a refund for Products paid for but not received.
  • For collection services, you will be notified when Products are ready. Collection is complete when Products have been unloaded at our warehouse and made available. You may be required to show ID, and collection is by appointment only.
  • For delivery services, Products will be delivered to the address provided by you. It is your responsibility to provide the correct address. We are not liable for loss or delay caused by incorrect or inadequate delivery instructions.
  • Standard Home Delivery lead times are typically 5–10 business days, but may be longer during busy periods or for remote locations. The Standard Delivery Fee will be advised at the time of order.
  • Express Home Delivery lead times are typically 1–2 business days, but may be longer during busy periods or for remote locations. The Express Delivery Fee will be advised at the time of order.
  • You will be notified by the courier once Products have been dispatched. We use third-party delivery providers, who may contact you to arrange delivery.
  • In the event of a failed delivery, the courier may re-attempt delivery, leave the Products with a neighbour or in a safe place, or leave a card with instructions to rearrange delivery or collect from the local depot.
  • If you do not collect the Products or rearrange delivery after a failed attempt, we will contact you for instructions and may charge for storage or additional delivery. If we are unable to contact you, we may end the contract in accordance with Clause 19.
  • Promotional delivery offers may be withdrawn at any time. Past offers do not obligate us to provide similar offers for future orders.
  • The risk of the Products passes to you upon completion of delivery. Delivery is complete once Products have been delivered and unloaded at your designated address.
  • If you fail to accept delivery at the agreed time, we may charge reasonable costs for postage, storage, and insurance.
  • You should inspect the packaging immediately upon delivery. Any visible damage must be reported within 24 hours. Products not reported as damaged within 24 hours will be deemed delivered without damage.
  • You have legal rights if we deliver late. If delivery is missed by 30 days or more, you may treat the contract as ended if:
    • We have refused to deliver the goods;
    • Delivery within the deadline was essential (considering all circumstances); or
    • You informed us before we accepted the order that delivery within the deadline was essential.
  • If you wish to make a change to a Product you have ordered, please contact us. We will advise if the change is possible. If possible, we will inform you of any changes to the price, delivery timing, or other effects, and ask you to confirm whether you wish to proceed. If the change cannot be made or the consequences are unacceptable to you, you may end the contract with us.
  • We may change the Product:
    • To reflect changes in relevant laws and regulatory requirements.
    • To implement minor technical adjustments and improvements, for example, to address health and safety issues. These changes will not materially affect your use of the Product.
  • This Clause 12 applies to Consumers only.
  • You can always end your contract with us. Your rights when ending the contract depend on what you bought, whether it is faulty, how we are performing, and when you decide to end the contract:
    • If what you bought is faulty or misdescribed, you may have a legal right to end the contract, have the Products repaired or replaced, a service re-performed, or receive a refund. (See Clause 14)
    • If you want to end the contract because of something we have done or told you we are going to do, see Clause 12.3.
    • If you have just changed your mind about the Products, see Clause 12.4.
    • In all other cases (if we are not at fault and there is no right to change your mind), see Clause 12.6.
  • If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any Products not provided:
    • We have told you about an upcoming change to the Products or these Terms of Business which you do not agree to.
    • We have told you about an error in the price or description of the Products you ordered, and you do not wish to proceed.
    • There is a risk that supply of the Products may be significantly delayed because of events outside our control.
    • We have suspended supply of the Products for technical reasons, or notified you we are going to suspend them.
    • You have a legal right to end the contract because of something we have done wrong.
  • In accordance with the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, you are entitled to cancellation rights when buying Products at a distance (online, email, phone) or off-premises. You may change your mind within 14 days after the day on which you or someone nominated by you receives the Products (“Cooling Off Period”), provided that:
    • Your right to change your mind does not apply to Products not sold at a distance or off-premises.
    • Trade Users do not have a right to change their mind.
    • Products made to measure, personalised, or altered as per your request are excluded.
  • If what you bought is faulty or misdescribed, you may have a legal right to end the contract or get repair/replacement or a refund. (See Clause 14)
  • If we are not at fault and you do not have a right to change your mind, you may still end the contract before it is completed, but compensation may apply. The contract is completed when the Products are delivered. Any refund for Products not provided may be reduced by reasonable costs incurred due to early termination.
  • We offer a goodwill cancellation period to Consumers who do not have statutory change-of-mind rights. Under this policy, Products can be returned within 14 days of delivery if you no longer need them. This does not affect your legal rights for faulty or misdescribed Products. To benefit from the goodwill cancellation:
    • Notify us of your intention to cancel in accordance with Clause 13.
    • Return the Products at your own cost within 14 days of delivery.
    • Return the Products in original, undamaged packaging and in unused, resellable condition.
  • If you wish to cancel a contract with us, you must inform us of your decision by a clear statement including your name, address, order details, and, where available, phone number and email address so that we can identify your order. You may end the contract with us by doing one of the following:
    • Phone or email: Call our Customer Services Team on 0208 611 2603 or email info@thewimbaway.co.uk.
    • Online: Complete the cancellation form on our website by clicking here.
    • By post: Complete the cancellation form (attached) and post it to the address on the form, or write to us at 65 Taunton Way, Stanmore, HA7 1DJ including details of what you bought, when you ordered or received it, and your name and address.
  • If you send your cancellation notice by email or post, it is effective from the date you send the email or post the letter. For example, notice is valid as long as the letter is posted on the last day of the cancellation period or the email is sent before midnight on that day.
  • If you have any questions or complaints about the Products, please contact us:
    • Telephone: Customer Service Team on 0208 611 2603
    • Email: info@thewimbaway.co.uk
    • Post: 65 Taunton Way, Stanmore, HA7 1DJ
  • We are legally required to supply Products that conform to this contract. A summary of your key legal rights is set out in these Terms of Business. Nothing in these Terms affects your legal rights.
  • Under the Consumer Rights Act 2015, Products sold must be as described, fit for purpose, and of satisfactory quality. Your legal rights during the expected lifespan of the Products include:
    • Up to 30 days: if your Products are faulty, you can get an immediate refund.
    • Up to six months: if your Products cannot be repaired or replaced, you are entitled to a full refund in most cases.
    • Up to six years: if your Products do not last a reasonable length of time, you may be entitled to some money back.
  • To exercise your legal rights to reject Products, you must either:
    • Return them in person to where you bought them.
    • Post them back to us.
    • If not suitable for posting, allow us to collect them from you.
    We will pay the costs of postage or collection. Please contact us via phone, email, or post (details above) to arrange a return label or collection.
  • Products will not be regarded as faulty if we informed you of an existing fault at the time of purchase, unless they have another fault not previously notified.
  • If you are a Trade User and purchase our Products, you are entitled to certain cancellation rights in accordance with statute.
  • You can end the contract with us if any of the following apply:
    • The Products do not conform in all material respects with their description.
    • The Products are not free from material defects in design, material, or workmanship (other than those notified at the time of order).
    • The Products are not of satisfactory quality (within the meaning of Sale of Goods Act 1979).
    • The Products are not fit for any purpose held out by us (within the meaning of Sale of Goods Act 1979).
    • We have informed you of an upcoming change to the Products or Terms of Business which you do not agree to.
    • We have informed you about an error in the price or description of the Products, and you do not wish to proceed.
    • There is a risk that supply of the Products may be significantly delayed because of events outside our control.
    • We have suspended supply of the Products for technical reasons, or notified you that we will suspend them for technical reasons.
    • You have a legal right to end the contract because of something we have done wrong.
  • You will have reasonable time to inspect and examine the Products. Given the nature of the Products, 2 business days after delivery is considered reasonable. You should inspect the Products as soon as possible and inform us promptly if the Products are damaged or not as described.
  • If you were specifically informed of a material defect in design, material, or workmanship before placing your order, your right to return the order is limited to a reasonable extent.
  • If we are not at fault, you may still end the contract before completion. A contract for Products is completed when the Products are delivered. If you request cancellation before completion, the contract ends immediately and we will refund sums paid for Products not yet dispatched, provided you exercise your right to cancel within 14 days from the order date. We may deduct reasonable costs incurred as a result of your cancellation.
  • We offer a goodwill cancellation period to Trade Users. Under this policy, you may return Products within 14 days from delivery if you change your mind or no longer need them. This goodwill guarantee does not affect your legal rights for faulty or misdescribed Products. To benefit from this period, you must:
    • Notify us of your intention to cancel the contract in accordance with clause 13.
    • Return the Products at your own cost within 14 days from delivery.
    • Return the Products in the original, undamaged packaging and in unused, resellable condition.
  • If you end the contract after Products have been dispatched or received, unless clause 16.4 applies, you must return them to us at your own cost.
  • Products must be returned either:
    • In person to where you bought them, or
    • Posted to Safestore Self Storage Stanmore, Wimba, 2 Garland Road, Stanmore, England HA7 1NR.
  • If you wish to return Products in person, contact our Customer Services Team to arrange a mutually convenient time. All returns are by appointment only.
  • We will pay the costs of return only if:
    • The Products are faulty or misdescribed.
    • You are ending the contract due to an upcoming change to Products or Terms, a pricing/description error, a delay caused by events outside our control, or you have a legal right to cancel due to something we have done wrong.
    In all other cases, including a change of mind, you must pay the costs of return.
  • You must take reasonable care of the Products and return them, together with any documentation, in the original and undamaged packaging and in unused, resellable condition within 14 days of notifying us.
  • Refunds:
    • We will refund the Purchase Price plus Delivery Fees if:
      • The Products are faulty or misdescribed.
      • You are ending the contract due to upcoming changes, errors in price/description, delivery delays, or legal rights arising from our actions.
    • If exercising the right to change your mind:
      • We may reduce the refund to reflect any reduction in value caused by mishandling.
      • If Products are mishandled, you must pay an appropriate amount if we refund before inspection.
      • Maximum refund for delivery costs is the least expensive delivery method offered; Express Delivery refunds are limited to Standard Delivery Fees.
    • If cancelling under goodwill policies (clauses 12.6, 12.7, 15.5, 15.6):
      • Refund will be by your original payment method.
      • Refund may be reduced for mishandling, non-original/damaged packaging, or reasonable restocking and inspection costs (usually 3% of Purchase Price or £20, whichever is greater).
    • Refunds will be issued within 14 days of receiving the Products or your cancellation notice, whichever is later.
    • We are not responsible for items lost or damaged in transit; refunds are only issued if Products are returned in the same condition as dispatched.
    • We strongly recommend using a reputable courier; damaged or lost items may affect the refund amount. This does not affect statutory rights.
    • For faulty Products, we will refund reasonable return postage costs if you follow our return instructions and provide a receipt. We may, at our discretion, arrange our own courier for collection of faulty Products.
    • For returns from outside the UK, any import/export duties, taxes, or fees are your responsibility.
    • We require reasonable time to inspect returned Products to ensure they are unaltered and in original condition. Refunds may be reduced for loss in value caused by negligent handling, damage, or non-original packaging.
  • Nothing in these Terms limits or excludes our liability for:
    • Death or personal injury caused by our negligence;
    • Fraud or fraudulent misrepresentation;
    • Defective Products;
    • Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    • Any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples);
    • Any clauses that cannot be excluded under the Consumer Rights Act 2015 (if you are a consumer).
  • Subject to the above, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, for:
    • Any loss of profits, sales, business, or revenue;
    • Loss or corruption of data, information, or software;
    • Loss of business opportunity;
    • Loss of anticipated savings;
    • Loss of goodwill;
    • Any indirect or consequential loss.
  • Except as expressly stated in these Terms, we do not give any representations, warranties, or undertakings in relation to the Products. Any representation, condition, or warranty implied by statute, common law, or otherwise is excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring the Products are suitable for your purposes.
  • If we fail to deliver the Products, our liability is limited to the cost of the Products and Delivery Fees. However, we will not be liable to the extent that any failure to deliver was caused because you:
    • Failed to provide adequate delivery instructions;
    • Did not pay the correct delivery fee;
    • Did not follow any other instructions relevant to the supply of the Products.
  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
  • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
    • We will contact you as soon as reasonably possible to notify you;
    • 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  • 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 have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges.
  • We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
    • You do not make any payment to us when it is due and you still do not make payment within 5 business days of us reminding you that payment is due;
    • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
    • You do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
  • You must compensate us if you break the contract. If we end the contract in the situations set out above, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  • When we refer to “in writing” in these Terms of Business, this includes email.
  • Any notice or other communication given by one of us to the other under or in connection with these Terms of Business must be in writing and sent by email.
  • A notice or other communication is deemed to have been received at the time it was received by us.
  • In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
  • The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action, in which case normal service procedures apply.
  • Without prejudice to any other rights and remedies, we will have a lien over the Products while there are any fees owed to us by you.
  • We may, without restriction, assign, transfer or delegate our rights and obligations under these Terms of Business to another entity, but this will not affect your rights or our obligations under these Terms of Business.
  • You may not assign, transfer or delegate your rights and obligations under these Terms of Business without our prior written consent.
  • We reserve the right to change these Terms of Business at any given time, but any such changes will not affect any orders that we have accepted as at the date these Terms of Business were changed.
  • We may change these Terms of Business from time to time by posting a revised version of it on our Website. You will be able to see the most up to date version of the Terms of Business and the date and time of when these Terms of Business have become effective.
  • We may post the notice of the updated Terms of Business on our Website and we encourage you to routinely check the terms before you place an order with us.
  • If you access or use our Website or continue to buy from us you will be considered as having consented to all the changes to these Terms of Business.
  • Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
  • Except as they may be supplemented by additional terms and conditions expressly referred to in these Terms of Business, policies, guidelines, or standards, these Terms of Business constitute the entire Agreement between us and you pertaining to the sale of Products to you and supersede any and all prior oral or written understandings or agreements between you and us in relation to the access to and use of our Website.
  • If any provision or part-provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
  • Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Business.

27.1. If we do not insist that you perform any of your obligations under these Terms of Business, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations unless acknowledged and agreed by us in writing. Except as expressly set forth in these Terms of Business, the exercise by either party of any of its remedies under these Terms of Business will be without prejudice to its other remedies under these Terms of Business or otherwise permitted under law.

  • Except as expressly provided, nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.
  • These Terms of Business, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
  • The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Business.
  • We welcome and encourage you to provide feedback, comments and suggestions on how we can improve our Website or the services we provide. You may submit feedback by e-mailing us. By submitting your feedback or suggestions, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas for any purpose. You understand and agree that no compensation is due to you and that any feedback submitted by you is non-confidential and not proprietary material.
  • We work hard to ensure that you have a good experience when purchasing Products from us. If we fall short of the high standards we set for ourselves, we would love to hear from you. Please contact our Customer Service Team by telephone on 0208 611 2603, by email at info@thewimbaway.co.uk, or by post at 24 Lodge Close, Edgware, England, HA8 7RL.
  • Company: Refers to “The Marquee Hire Company,” including its sub-contractors or agents.
  • Hirer: Refers to the other party entering into the contract. If multiple individuals, includes all parties.
  • Period of Hire: The duration for which the equipment is available for use by the Hirer.
  • Installation Period: The time from equipment installation to removal.
  • Equipment: Any property owned by the company.
  • Technical Installation: Refers to additional anchoring equipment required for installation.
  • Upon Booking: The moment the company confirms the booking to the Hirer.
  • Booking Acknowledgment: The initial response acknowledging the Hirer’s request.

33.2. Venue Requirements

  • Quotes assume the site has level, firm ground with good vehicular access.
  • Hirer must specify any obstacles over or under the ground that may interfere with equipment installation.
  • If access by foot exceeds 25 meters, an additional charge applies.
  • Flooring and surface requirements: Flooring requires suitably flat ground. Grass must be cut short, debris removed, and surfaces levelled.

33.3. Damages

  • Hirer assumes responsibility for safe custody and any damage to the equipment during hire.
  • Damages will be charged to the Hirer upon equipment collection/return.
  • Itemized list of damaged equipment and costs will be provided.
  • Deposit covers fire, theft, and natural disasters but not accidental/malicious damage.
  • Items must be returned clean; otherwise, a £30 cleaning fee per item applies.

33.4. Uncontrollable Circumstances

  • Company is not responsible for installation delays due to adverse weather, poor access, or Hirer absence.
  • Emergency evacuations may occur; Hirer should consider event insurance.
  • Additional expenses during emergency evacuations are the Hirer’s responsibility.

33.5. Booking Process & Availability

  • Booking process: initial request → acknowledgment → confirmation.
  • Availability is subject to prior bookings and seasonal demand.
  • Booking is secured only after deposit payment AND submission of:
    • Valid UK ID (passport or driving licence)
    • Proof of address (bank statement or utility bill within 3 months)

33.6. Cancellation Policy

  • Cancellation Process:
    • Send email to info@thewimbaway.co.uk to confirm intention to cancel.
    • Cancellation is confirmed only after company acknowledgment.
  • Cancellation Fees:
    • More than 30 days before event: 25% of deposit non-refundable.
    • Less than 30 days before event: deposit non-refundable.
    • Less than 7 days before event: full rental fee retained.
  • Unforeseen Circumstances: If the company cannot provide services due to events beyond control, deposit refunded in full.

33.7. Late Returns

  • Additional hire charges apply for late returns as per price list.
  • Hirer is responsible for timely return and must notify company of any delays.
  • Extensions must be requested in advance, subject to availability and charges.
  • Excessive delays may result in charges of full replacement value and compensation for losses to subsequent bookings.

33.8. Refundable Deposits

  • Deposit is refundable within 5 working days after booking.
  • Deposit amounts:
    • Structures:
      • Marquees – £200
      • Igloos – £200
      • Stretch Tents – £400
    • Accessories:
      • Tables & Chairs – £100
      • Electric/Oil Heaters – £50 / £300
      • Lights – £50
      • Hard Outdoor Flooring – £400
      • Lining – £100

33.9. DIY Hire Collections & Safety

  • Only individuals listed on booking can collect items with appropriate ID.
  • Company is not responsible for injury or damage to the public during hire.
  • Hirer must follow assembly instructions carefully.
  • Remove snow from roofs during light snowfall; use tie-down kits in wind; disassemble in extreme conditions.
  • Do not place near heat sources, flames, or flammable liquids; smoking inside the structure is discouraged.
  • Keep all exits clear; fabric is not flame retardant.

34. Pre-Orders

34.1. Pre-Order Function

  • We may occasionally list new-to-market products on our website for your convenience.
  • If you wish to pre-order a product pending release, you can do so via our usual order process. Pre-order products will be clearly marked.
  • Once your pre-order is successfully placed, you will receive an acknowledgment email confirming your pre-order details and an estimated shipping date.

34.2. Payment

  • 50% pre-payment is required for all pre-orders, with the remaining 50% payable 2 weeks prior to the delivery date.

34.3. Delivery

  • You will receive an email notifying you when the product is ready to ship.
  • We aim to deliver your product in the time outlined in your pre-order acknowledgment email, but actual shipping dates may vary.
  • If we are unable to fulfil your pre-order, we will contact you via your chosen contact method.

34.4. Cancellation and Returns

  • Custom-made Pre-orders: Non-refundable due to their personalized nature.
  • Non-Custom-made Pre-orders: You may cancel within 14 days from receiving the goods.
  • We reserve the right to cancel or not accept a pre-order for any reason at our discretion, including:
    • Payment authorisation has not been obtained.
    • Stock is low or product is out of stock.
    • Errors in price or product description.
    • Provided pre-order information is corrupted, unsupported, or inadequate.
    • Pre-order is deemed suspicious.
    • Pre-order breaches these Terms & Conditions.
    • We believe the pre-order is fraudulent.

34.5. General

  • We strive to accurately describe products but may make changes before delivery.
  • We are not liable for delays, postponements, changes to, or discontinuation of pre-order products.
The Wimba Way
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