Terms and Conditions
Terms and Conditions with Customers | Westfalia UK (shop.westfalia-automotive.com)
These terms relate to towbars, bike racks and related electrical equipment purchased directly from Witter Towbars (or a recommended supplier) (Goods) supplied to you through our website and should be read in conjunction with the Terms of Use which shall also apply. In these Terms and Conditions, the customer is below referred to as you/ your, and CP Witter Ltd t/a Witter Towbars & Westfalia UK with company number 01362420 and registered in ENGLAND & WALES is referred to as us/ our.
1. Terms of Payment
1.1 Your order is an offer to purchase from us. There will be no contract of any kind between you and us unless and until we dispatch the Goods to you. At the moment that the Goods are dispatched, a contract will be made between you and us, and you will be charged for the Goods.
1.2 The prices payable for the Goods that you order are clearly set out on our website. If we discover any errors in the price of Goods before we accept your order, we will notify you as soon as possible and give you the option to resubmit your order at the correct price or cancel the order.
1.3 All prices are expressed exclusive of any VAT payable unless otherwise stated.
1.4 Payment can only be by made by credit/debit card (payments by Solo, Electron and Charge Card are unacceptable methods of payment) and the credit/ debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
1.5 Discount codes have to be applied to the order at time of purchase and cannot be applied retrospectively.
2. Availability
If for any reason beyond our reasonable control, we are unable to supply particular Goods, we will not be liable to you except to ensure that you are not charged for those Goods.
3. Delivery
3.1 Delivery will be made to the address specified by you on the completed order form or to the Approved Fitting Centre on witter-towbars.co.uk (Approved Fitting Centre) selected by you.
3.2 Delivery times will be agreed with you at the time of placing your order. Whilst we make every effort to deliver all your Goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
3.3 Claims for orders damaged in transit or incomplete shall be notified to us within three working days of delivery.
4. Return of Goods
4.1 We hope you will be happy with your purchase. However, should you feel it necessary to return the order; you may cancel the contract for its purchase by contacting us within 14 working days of delivery of the Goods to you. Once you have contacted us via phone (01244 284500) or e-mail ([email protected]) you will be issued with a returns note and a returns number. You should then return the relevant Good to us in secure packaging to C P Witter Ltd, 6th Avenue, Zone 2 Deeside Industrial Estate, Deeside Flintshire CH5 2LB. Any returns sent without a prior returns number won't be processed.
4.2 Return of an order is required to be in accordance the return procedure as detailed on our website.
4.3 You will be responsible for the cost of returning any Goods to us unless the Good is defective or we have delivered the Goods to you in error. The Goods should be returned to us in its original condition. If we do not receive the Goods back from you we may arrange for collection of the Goods from you at your cost. If we arrange collection for you, we will deduct a reasonable fee to cover the cost of postage and a contribution towards the cost of administration (referred to below as a Handling Fee).
4.4 If any Good is not returned in its original condition, including unopened packaging, we reserve the right to impose a Handling Fee which will be deducted from the refund payment.
4.5 When we receive notice of cancellation of your contract for any Goods, we will refund the price paid by you for that Good or if the Good is defective we will repair the Good or supply you with a replacement Good. We will not refund the delivery charge for sending the Goods to you unless you are returning the entire order.
4.6 When ordering a towbar fitting service via the Approved Fitting Centre, Witter Towbars reserves the right to impose a Handling Fee should the towbar not be suitable due to conversions made to the vehicle. This includes but is not limited to chassis extensions, bumper conversions, van conversions to motorhomes or other special use vehicles. The Handling Fee will be deducted from the refund payment.
4.7 When ordering a towbar fitting service via the Approved Fitting Centre, we reserve the right to impose a Handling Fee should the fitting appointment be missed or cancelled by you. The Handling Fee will also be imposed if the fitter arrives to your appointment and establishes that your vehicle is too rusty to have a towbar fitted, already has a towbar fitted, is misaligned due to a potential previous accident, your vehicle does not have a towing capacity or the fitter reasonably concludes the fitting cannot proceed. It is your responsibility to ensure this in advance of the fitting. You can find out here about checking your towing capacity: What can I tow?
4.8 When ordering a towbar fitting service via the Approved Fitting Centre, we reserve the right to charge a Handling Fee for the collection of parts that have been dispatched to a fitter but will not be used due to change of Goods being fitted to the vehicle on your request. This can include but is not limited to a change from a 7pin electric kit to a 13pin electric kit or vice versa or a change from a fixed towbar to a detachable towbar or vice versa.
5. Cancellation and changes prior to delivery
You can cancel or change any of your current orders prior to dispatch by contacting us as soon as possible.
6. Fitting of the Towbar
At your discretion, you may arrange the fitting via shop.westfalia-automotive.com/towbars with an Approved Fitting Centre or Mobile Fitter (Approved Fitter). Once the booking is agreed, any cancellations incur a Handling Fee to cover the lost workshop time and return of the towbar to us. To postpone the fitting there is no charge provided that you give us and the Approved Fitter 72 hours' notice and that you do not postpone more than twice. If you postpone more than twice, a Handling Fee will be charged.
7 Mobile Fitting
7.1 If you have selected a Mobile Fitter, to ensure the fitter can complete the job in a safe environment, you must ensure the fitting location specified has safe, well-lit off-road parking for your vehicle. There must be available a parking area within close proximity for the fitter's vehicle so that the fitter can have safe and easy access to the equipment required for the fitting. Please be aware that the Mobile Fitters won't hold any type of permit to park in restricted parking areas and any parking fees that the Mobile Fitter may incur will be covered by you.
7.2 In the case of extreme weather conditions, we reserve the right to postpone the fitting if the Mobile Fitter does not have a suitable and safe environment in order to conduct the fitting.
8. Force Majeure
8.1 Notwithstanding anything herein contained we are not liable for any delay or failure to carry out the order through events, circumstances or causes beyond our reasonable control.
8.2 Such circumstances include but are not limited to, failures in the towbar fitting services that have been booked via shop.westfalia-automotive.com/towbars, software errors provided by third parties, delayed or faulty deliveries by third party suppliers or courier companies, or uninspected deliveries by the Approved Fitting Centre or Mobile Fitters leading to a delayed or postponed fitting. We do not accept liability or responsibility for personal time and money lost due to reasons beyond our control and requests for compensation of this nature will not be approved.
9. Remedy of issues arising within Six Months of the date of delivery or fitting of the Goods
As stated in the Guarantee , if you discover an issue with the quality of the Goods or their fitting and inform us about it within the first 6 months of delivery (in the case of non-fitted Goods) or fitting (where you have arranged fitting via shop.westfalia-automotive.com/towbars), your Goods will be covered by the Guarantee.
10. Issues arising after Six Months from the date of delivery or fitting - Exclusion of liability for the acts or omissions of an Approved Fitter or third party fitter
If an issue arises after six months from the date of delivery, your Goods will be covered by the Guarantee.
If an issue arises after six months from the date of fitting, regardless of whether the Goods were fitted by an Approved Fitting Centres, Mobile Fitter or a third party fitter, in the event of any issue directly or indirectly relating to the fitting of the Goods, you agree that:
a) any claim must be made against the relevant Approved Fitter or third party fitter; and
b)we are not liable for the acts or omissions of such Approved Fitter or third party fitter.
11. Limitation of liability
11.1 Nothing in these Terms and Conditions shall limit liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation.
11.2 Subject to clause 11.1, our total liability to you shall not exceed the value of the order paid by you for the Goods in the 12 months immediately preceding the act or omission giving rise to liability. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions.
11.3 Subject to clause 11.1 we shall not be liable, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss of profits, loss of sales or business, loss of anticipated savings, loss of or damage to goodwill, wasted expenditure, management time costs or indirect or consequential loss.
12. Severance
12.1 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
12.2 If any provision or part-provision of these Terms and Conditions is deemed deleted under clause 11.1, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
13. Applicable law
Any dispute or claim arising out of or in connection with these Terms and Conditions, the Goods delivered to you or the fitting of such Goods, are made pursuant to and shall be governed by and construed in all respects in accordance with the laws of England and Wales. You irrevocably agree that 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 and Conditions or its subject matter.
Updated: October 2023