By visiting The Wind Section website and / or purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions. These terms & conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.
Please read these terms & conditions carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by our terms & conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services offered by The Wind Section Ltd.
Purpose of Use
thewindsection.com web site is designed to present the products and services offered by The Wind Section Ltd (hereafter referred to as 'The Company') for the purposes of sale and e-commerce. The web site remains the sole property of The Company and use of the site is governed by these Terms and Conditions.
Copyright
Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with The Company or using this web site as a shopping resource. Any other use of materials on this website including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of The Company is strictly prohibited. All products shown on the web site are protected by international copyright and ownership in the design lies with the designers and/or manufacturer of the particular product in question. It is an offence to copy any of these designs and the owners reserve the right to use both the criminal and civil law to protect their rights. For the avoidance of doubt, Scots law applies at all times.
Trademarks
Product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners. The name 'The Wind Section', The Wind Section logo (both with and without text) are all the intellectual property of The Company. Their use is protected by international copyright law.
Conditions of Website Use Disclaimer
To the fullest extent permitted by law, The Wind Section Ltd is providing this web site and its contents on an 'as is' basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this web site including, without limitation, warranties of merchantability and fitness for a particular purpose, colour representation, design/item availability, timescale, compliance with legislation outside the EU. In addition, the wire free world does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price, design and availability information is subject to change without notice. Except as specifically stated on this web site, to the fullest extent permitted at law, neither The Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, The Company does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of The Company, its affiliates, directors, employees or other representatives.
Minimum Age for Ordering
The Company will not intentionally supply anyone under the age of 18 due to regulations covering various products sold. By proceeding to order from The Company, The Customer is confirming they are at least 18 years of age.
Colours & Designs
Colours and designs shown on the web site are representative only and The Company offers no guarantee of precise colour or design match, due to the limitations of photography and conditions outwith The Company’s control such as reproduction of images on The Customer’s PC. Manufacturing variations in colour, design, material, length, width and presentation are to be expected although the Company guarantees that no such variations will affect the quality of the product nor shall any variation in length or width contravene the Sale of Goods Act.
Dimensions & Weights
All dimensions and weights stated are approximate and are as accurate as required by UK and EU legislation. The Company advises customers to allow a small variation in dimension / weight / volume when ordering as suggested by common usage and sense.
Packaging
The company does not regard products sold as 'gift items' - that is to say that The Company's policy is to regard retail packaging as protection for the product and not, in itself, part of the product. Should a product arrive with the retail packaging marked / torn / dented / scratched etc then this does not mean the product is not of merchantable quality, but purely shows that the packaging has done its job in protecting the product, and that The Company will not regard the product as not being of merchantable quality. In other words - the packaging is not part of the product so damaged packaging is not the same as damaged product, therefore the product cannot be considered as not being of merchantable quality, as defined by the Sale of Goods Act.
The Company endeavours to use recycled material and compostable packaging materials wherever possible but the priority is to protect the products, so reserves the right to use whatever type, style and quantity of packaging The Company feel appropriate for any particular order.
Prices
The Company reserves the right to change prices without notice and especially for non-UK customers, where a currency conversion is required. International exchange rates vary on a daily basis and the price charged may vary slightly from the price advertised due to Shopify, PayPal and other website software offering different exchange rate calculations. For example: a non-UK customer paying by PayPal accepts PayPal’s exchange rate as part of the terms and conditions of using PayPal. This exchange rate may be slightly different from that used to calculate the advertised product price.
The price advertised is the 'selling price'. The Company will honour all selling prices even where an error has occurred in The Customer's favour except in circumstances where a technical fault on either The Company's website, Shopify, PayPal, any other card / bank payment platform or The Customer's own computer / tablet / phone causes the price to display incorrectly at checkout (e.g. the advertised price is correct but displays at checkout as zero). In such circumstances, The Company shall endeavour to contact The Customer to arrange for them to pay the balance, or will cancel that item from the order.
VAT
All prices include VAT (Value Added Tax) where applicable, at the current UK rate. There is no reduction in price for orders from parts of the UK where VAT is normally not payable - such as the Channel Islands, nor can VAT be removed from order totals for business customers within the EU. The Company will provide a full VAT invoice with every order, which enables business customers to reclaim VAT within their own country. The Company reserves the right to amend all prices throughout the website should the UK rate of VAT change and/or should VAT rules change regarding which goods are applicable for VAT.
Adding Items To, Or Changing, Your Order
Unfortunately, it is not possible for an order to be added to, or changed, once payment has been processed. The moment the order is paid, it is printed out into the warehouse and joins the queue of orders being processed - it is often not physically possible to retrieve this order, make the changes requested, process additional payments, print a new order form and then return this to the warehouse within a reasonable timescale which would avoid delays - again, simply due to the high volume of orders in the system. The Company is always happy to try and help but asks that The Customer understands why such changes may not always be possible.
Delivery Times
The Company shall strive to deliver all in-stock items within a maximum of 1 week to UK mainland customers - the vast majority arriving within 3-5 working days at most. The Company shall strive to deliver all in-stock items within a maximum of 2 weeks to all UK non-mainland customers - the vast majority still arriving within 1 week. However, The Company is bound by Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations and, as such, is obliged to state that it reserves the right to deliver within a 28-day period. The Company stresses that this is a legal requirement and that, in almost all cases, orders are delivered well within 7 business days. Faster shipping options may be available at checkout depending on order weight and The Customer's location.
Notwithstanding, The Company strives to deliver all Standard Shipping orders within 3-5 working days (except special order items) and all Express Shipping orders placed before 12:00pm within 1-3 working days - assuming UK mainland delivery addresses.
By placing an order, The Customer accepts these timescales and special comments/requests re faster delivery added to the order form are not considered part of the Contract of Sale.
Availability
The products shown on this web site are also sold by The Company in through their retail other on-line media. Stock availability shown on the web site is subject to customer returns, supplier availability and, as such, cannot be guaranteed. Stock availability cannot be confirmed prior to checkout as more than one customer may have the same product in their online shopping bag – it is only at the point of checking out the order that the web site can adjust stock levels. The Company reserves the right to cancel any orders where delivery cannot be fulfilled within 14 days and/or new stock is not expected to arrive right away.
Back Orders
Although rare, an item(s) may become out-of-stock for a short period, in which case The Company reserves the right to ship all available parts of the order and, at its sole discretion, to ship or refund the balance to The Customer. The Customer is asked to note that orders are not accepted upon a “conditional” basis - The Company has the right to ship whichever parts of an order are available without The Customer having the right to cancel the rest of the order. The shipping costs of any back order(s) will be covered by The Company.
Shipping Costs
The website uses a system of calculating shipping costs based on product weight, order value and delivery destination. No system can be totally accurate and The Company endeavours to be as fair and equitable as possible when charging for shipping. Within the UK mainland small, lightweight orders can normally be shipped by Royal Mail; larger, heavier orders are normally shipped by UPS courier. The Company can deliver any order to any UK mainland address for the same flat rate.
Customers in Northern Ireland, on Scottish Islands, the Isle of Man, the Channel Islands, the Isle of Wight, other UK offshore islands will be offered Royal Mail options as well as courier options at checkout. Courier delivery to these areas includes a non-mainland / islands surcharge as is standard. For heavier orders, Royal Mail options may be based on sending multiple parcels. The Company reserves the right to ship all orders in the number of parcels which best offer protection to the goods in that particular order.
Shipping Terms & Conditions
The Company “ships on behalf of the Customer”. The Company is bound by all relevant UK legislation including, but not limited to, the Sale of Goods Act, Distance Selling Regulations and the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations but The Company emphasises that it is not liable for any loss or damage or consequential loss to orders in shipping beyond the original value of the order.
Delivery is normally during the business hours 0800 - 1800, although both Royal Mail and carrier deliveries can commence from early morning and into the evening. The Company offers The Customer the opportunity to specify a different delivery address from The Customer’s (billing) address. Where this alternative delivery address is that of a friend, relation or neighbour The Company respectfully points out that The Customer remains solely responsible for ensuring safe delivery of all items and in good condition. The recipient at the delivery is acting on behalf of The Customer so, for example, if this person signs for 3 boxes in good condition then The Customer cannot later claim only 2 boxes were delivered.
The Carriers require a signature on delivery for all orders. Where the carriers agree to leave the order unsigned for and unattended, The Customer accepts full responsibility for the safety of the order and for delivery. For the avoidance of doubt: where The Customer requests an order is left somewhere (for example "leave in garage") and later claims non-delivery of the order or part of the order, or damage to the order or part of the order, The Company will not be liable for if it can prove delivery was attempted / made following this instruction.
For the avoidance of doubt, in all cases where The Customer has given instructions for the order to be left unsigned for and unattended, delivery shall be considered successful and complete when the carriers follow out the said instructions. Subsequent loss or damage to the order or any part thereof is not the responsibility of the carrier or The Company. The Customer is solely responsible for ensuring the designated delivery address is “safe”, including (but not limited to) that it is secure from possible theft, damage by domestic or wild animals, or ingress of water.
Failed Delivery Attempts & Re-delivery Charges
If The Customer is not available to accept delivery of the order, the carriers will leave a card to advise that a delivery attempt has been made. The Customer should contact the carriers at the number shown on the card right away to arrange re-delivery. Failure to contact the carriers within 48 hours maximum from the original delivery attempt could result in the carriers returning the order to The Company. The automated email sent by The Company to The Customer to confirm that the order has been shipped also includes tracking information such as a consignment number, plus the contact telephone number and website details for the carriers.
After the order has been returned to The Company, a charge has to be made to have it re-sent to The Customer. In most cases the re-delivery charge is the same as the original delivery charge on The Customer’s order, before any discount was applied. Cancelling the order at this stage will not result in the refund of the original delivery costs to The Company and these will be deducted from any refund.
A similar system applies of delivery by Royal Mail, although experience shows that cards are often not left to advise customers of an attempted delivery. The Company advises The Customer to phone their local Royal Mail Delivery Office in such instances, as this is where 90% of all non-delivered mail is held. The Customer should contact Royal Mail immediately as, although mail may be held for up to 7 days before being returned to sender, Signed For and 1st class mail can be returned sooner than 7 days. The Company stresses that The Customer should call the Delivery Office – not simply check with the local Post Office.
thewindsection.com website automatically sends an email to The Customer on the day the order is shipped - thereby alerting The Customer to its imminent arrival within 48 hours at most (UK mainland). The Company’s website may also generate an automated email giving The Customer additional tracking information for the order although because of spam filters and other factors outwith the Company’s control, this is offered as an additional service and, as such, any failure to receive the email does not constitute a breach of the contract. Should the expected delivery date pass without delivery being made or a card having been received from the carriers, The Customer should contact The Company as a matter of urgency so that The Company may endeavour to trace the order before it is returned to The Company by the carriers.
thewindsection.com website operates in such a way that The Customer should know when to expect delivery and should contact The Company right away if this delivery timescale has not been met. Where the carriers have attempted delivery and have recorded that a card was left for The Customer, The Company can only rely on that information as being accurate. The Company cannot enter into any dispute arising out of whether or not a card was left by the carriers; all such concerns should be addressed to the carriers directly.
Returns
For full details of The Company’s Returns Policy please see the Delivery & Returns page. In summary . . .
Damaged, Faulty or Incorrectly Supplied Items
Under the Sale of Goods Act, we are happy to replace or refund any damaged, faulty, or incorrectly supplied item right away. Please contact us as soon as possible to let us know what the issue is using the email address or telephone number above and we will arrange to have the item returned to us. You can then choose to have a replacement item sent to you, a shop credit, or a full refund back to your original payment method. We aim to process all refunds within 14 days of receiving returned items.
Changing Your Mind
If an item is not what you expected and you change your mind, then under the Consumer Protection (Distance Selling Regulations) 2000, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015, we are happy for you to return any item, but please note the following:
- Before returning any items, you must contact us first via info@thewindsection.com or by calling 0131 557 6543 and one of our team will talk you through the returns process.
- You have 14 days from receipt of your order to inform us that you will be returning any items.
- You then have a further 14 days to return the item to us.
- All items must be unused and in the original packaging to be eligible for a full refund. We reserve the right to refuse a return or deduct any reduced value if any items are not in this condition.
- Any items where hygiene is concerned such as mouthpieces and reeds cannot be returned.
- You are responsible for paying your own shipping costs for returning any items to us. If you are shipping a high value item, you should consider using a trackable shipping service or purchasing shipping insurance as the item is your responsibility until we receive it.
- The original delivery charge on your order will not be refunded and will be deducted from the amount refunded.
- Once we receive the returned item and it has been fully inspected, a refund will be issued back to your original payment method.
- We aim to process all refunds within 14 days of receiving returned items.