Terms And Conditions

Terms and Conditions

    1. RELEVANT PARTIES
      1. White Horse Wholesale is a trading name of Zebra Renewables Ltd.
      2. Zebra Renewables Ltd. has its registered office at:Europa House,
        18 Wadsworth Road,
        Perivale
        UB6 7JD
        Company No. 11771488, VAT No: 471 9649 50.
      3. Any orders placed on the White Horse Wholesale site create a contract between White Horse Wholesale and the customer placing the order.
    2. WHOLESALER RELATIONSHIPS
      1. We may ask the customer to prove the existence of your business and the sales methods that the customer use in order for White Horse Wholesale to establish that the customer are a retailer. This may include, amongst other things, the customer providing to White Horse Wholesale the address of your retail outlet and/or a digital photograph of your store front, and/or details of the URL of your website from which the customer operate your own e-commerce enabled webstore.
      2. White Horse Wholesale uses selected suppliers to produce products for provisions to resellers. The arrangement between White Horse Wholesale and its suppliers represents a key element of our competitive advantage and intellectual property, and these Conditions are designed to protect those relationships. By agreement to these Conditions, the customer agree that the customer will not approach or purchase from any supplier that has been involved in the production or manufacturing of products purchased through White Horse Energy.
      3. Any breach of condition 2.2 will entitle White Horse Wholesale to compensation of a sum no less than 20% of the purchase price paid to White Horse Wholesale in question, for a period of 24 months following completion of the last contract between the customer and White Horse Wholesale.
      4. Whilst White Horse Wholesale accept that the customer will be purchasing products for either use or re-sale, the customer is not permitted to re-sale the products using third party eCommerce marketplaces – including but not limited to Amazon, eBay and B&Q (diy.com).
    3. BASIS OF SALE
      1. These Terms and Conditions set out the entire relationship between White Horse Wholesale and the customer, for the sale of goods.
      2. These Conditions shall govern and be incorporated into every Contract, and shall prevail over any terms or conditions (whether or not inconsistent with these Conditions) contained or referred to in any correspondence, Order, documentation submitted by the Customer or elsewhere or implied by custom, practice or course of dealing.
      3. Any samples, drawings, descriptions or advertising that appear on White Horse Wholesale’s web site or in any marketing material, are provided to give the customer an approximation of the goods they represent. They do not form part of the contract between the two parties.
      4. The customer is considered to have placed an order and entered a binding contract with White Horse Wholesale when the customer has:
        • Ticked that the customer has accepted the Terms and Conditions on the website; and/or
        • Provided a Purchase Order number, and/or
        • Made payment for the goods ordered.
      5. White Horse Wholesale have the right to revise and amend these Terms and Conditions as White Horse Wholesale see fit. The customer will always be bound by the terms and conditions that were active at the time the order was placed.
      6. White Horse Wholesale intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between White Horse Wholesale and the customer. While White Horse Wholesale accept responsibility for statements and representation made by Our duly authorised employees, please ensure that the customer ask for any variations from these Terms to be confirmed to the customer in writing to avoid any confusion. If the customer thinks that there is a mistake or require any changes to be made to these Terms, please contact White Horse Wholesale to discuss this as soon as possible.
    4. QUOTATIONS AND ACCEPTANCE
      1. A quotation by White Horse Wholesale does not constitute an offer and White Horse Wholesale reserves the right to revise a quotation prior to acceptance of an Order.
      2. White Horse Wholesale’s acceptance of any Order shall be effective only where such acceptance is in writing on White Horse Wholesale’s order acceptance form and signed by an authorised representative of White Horse Wholesale or, if earlier, White Horse Wholesale delivers the Goods to the Customer.
    6. SUPPLY OF CONTAINERS
      1. The Customer shall be responsible for meeting, and liable for any cost incurred by failing to meet, Container Ships Terms and Conditions
      2. The Customer shall be responsible for additional charges incurred by them as detailed in the Teesport Port Tariff, particularly
        1. Free loading/discharging time of container door deliveries
        2. Container cleaning
        3. Administration fee
      3. The Container Ships Terms and Conditions and Teesport Port Tariff can be found at:www.containershipsgroup.com
      4. The customer is liable for any costs incurred if their actions result in a container delivery being aborted and redelivered.
      5. Payment is taken to have been made when cleared funds as detailed in the quotation are received by White Horse Energy, or the payment is allocated to a credit account.
      6. If payment is due by an agreed date, failure to make payment by that date will incur a £100.00 administration charge and the order will be cancelled
    7. DELIVERY
      1. The contract between White Horse Wholesale and the customer will be deemed to be fulfilled on delivery of your order in good condition. Where the order is not delivered in good condition, the contract between White Horse Wholesale and the customer will be deemed to be fulfilled, upon receipt by the customer of any refund due to them, as a function of the customer having notified White Horse Wholesale of any damage to the order, in accordance with these Terms and Conditions.
      2. The goods will be considered to be delivered in a fit state where you, the customer, has signed the delivery note confirming the safe delivery of the order.
      3. Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature, the contract will be seen as completed, regardless of the actual state of goods. Delivery will be deemed to have been made at the time stated on the delivery note.
      4. We strongly advise against customers requesting unattended deliveries.
      5. We use a 3rd party haulier to deliver all orders. Any liability arising from the delivery process lies strictly with the haulier.
      6. All pallet based deliveries are delivered to the kerbside. While our delivery company will normally go to great lengths to ensure that your delivery is placed where the customer require it, the contract between yourself and White Horse Wholesale includes delivery to kerbside only. Please ensure that the customer have the means to move the pallet(s) and their goods from the kerbside to a suitable storage location. Please consult the delivery page to see the required access conditions for deliveries.
    8. DELIVERY TIME FRAMES
      1. We provide guidelines as to the expected delivery schedule of the relative delivery services offered by White Horse Wholesale. Please note that in all cases the timeframes given are guides only. White Horse Wholesale will not be held liable, if for whatever reason, a delivery does not arrive within an expected period.
      2. All orders received on a standard working day prior to 4pm are dispatched that day, subject to stock availability. White Horse Wholesale endeavours to maintain a positive stock balance on all lines throughout the year.
      3. Standard Delivery – Orders placed on a standard delivery basis for delivery within mainland England and Wales will typically arrive on the third or fourth working day, including the day of dispatch (i.e. Monday pre 4pm order should be delivered by Wednesday or Thursday, but may be sooner). Deliveries to areas outside mainland England and Wales can take longer than 4 working days, but should not take longer than 6 working days.
      4. Premium delivery – orders placed on Premium delivery will be delivered the next working day after the day of dispatch. During peak periods (pre-Christmas, etc) when the delivery page indicates a reduced service, the Premium service may operate with delivery within 2 working days of dispatch.
      5. We are unable to honour any specific delivery date requested in the delivery notes. Where a customer requests delivery on a specific day in the delivery notes White Horse Wholesale will pass this request on to the hauliers, but the order will still be delivered as per our standard terms for that delivery service. Where a delivery is made contrary to the request in the delivery notes with respect to a specified day of delivery, White Horse Wholesale will entertain no liability for failing to comply with that request. Customers who require a specific day of delivery are requested to call the office and request a timed delivery (at a cost of £20+vat).
    9. RETURNS
      1. White Horse Wholesale reserves the absolute right to refuse to accept the return of any Goods (where such return is not as a result of the Goods being defective) but shall have the discretion to accept the return of Goods from the Customer and refund the appropriate cost of the Goods (less a minimum restocking charge of 10% of the cost of the Goods) if such return is supported by the invoice number or delivery note number of the Goods in question.
      2. In order for White Horse Wholesale to accept the return of Goods by the Customer, such Goods must be:
        1. in a re-saleable condition, accompanied by original packaging in a resaleable condition
        2. within the relevant shelf life for such Goods; and
        3. complete and as sold, in unopened, full and original packaging.
      3. Any credit granted by White Horse Wholesale to a Customer for returned Goods shall be offset against other purchases from White Horse Wholesale and no cash refund will be given by White Horse Wholesale for returned Goods.
    10. RISK AND TITLE
      1. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
      2. Until title to the Goods passes to the Customer under Condition 10.1, the Customer shall:
        1. hold the Goods on a fiduciary basis as White Horse Wholesale’s bailee;
        2. store the Goods (at no cost to White Horse Wholesale) separately from all other goods and readily identifiable as the property of White Horse Wholesale;
        3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
        4. maintain the Goods in satisfactory condition; and
        5. not attach the Goods to any other property without White Horse Wholesale’s consent.
      3. If the Customer resells any Goods in which title has not passed to the Customer, such resale shall be in the ordinary course of the Customer’s business at full market value.
      4. At any time before title to the Goods passes to the Customer (whether or not any payment to White Horse Wholesale is then overdue or the Customer is otherwise in breach of any obligation to White Horse Wholesale), White Horse Wholesale may (without prejudice to any other of its rights):
        1. retake possession of all or any part of the Goods and enter any premises for that purpose (or authorise others to do so) which the Customer hereby authorises;
        2. require delivery up to it of all or any part of the Goods.
      5. White Horse Wholesale may at any time appropriate sums received from the Customer as it thinks fit, notwithstanding any purported appropriation by the Customer.
      6. The Customer grants White Horse Wholesale, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them or where the Customer’s right to possession has terminated, to recover them.
      7. From the time of delivery until title in the Goods passes to the Customer in accordance with Condition 10.1, the Customer shall insure the Goods for their full value with a reputable insurer and, if White Horse Wholesale so requests, ensure that White Horse Wholesale’s name is noted on the insurance policy. Until title in the Goods passes to the Customer, the Customer shall hold the proceeds of any claim on such insurance policy on trust for White Horse Wholesale and shall immediately account to White Horse Wholesale with the proceeds.
      8. On termination of the Contract, howsoever caused, White Horse Wholesale’s (but not the Customer’s) rights contained in this condition 9 shall remain in effect.
    11. WARRANTY AND LIABILITY
      1. White Horse Wholesale warrants that the Goods will upon delivery:
        1. comply (to the extent the Customer is a Consumer) with the implied terms of the Consumer Rights Act 2015 to the extent it relates to quality, fitness for purpose and description;
        2. comply with their specification;
        3. be substantially free from defects in materials and workmanship.
      2. The warranties in Condition 11.1 are given on the condition that White Horse Wholesale is not liable for a defect in the Goods:
        1. caused by fair wear and tear, abnormal or unsuitable conditions of storage or use or an act, neglect or default of the Customer or a third party;
        2. if the Customer makes any further use of such Goods after notifying White Horse Wholesale of the defect; or
        3. which has been specifically drawn to the Customer’s attention prior to the Contract being concluded; or
        4. unless it is notified to White Horse Wholesale within 15 Working Days of the date of delivery or, if the defect would not be apparent on reasonable inspection, within one month of the date of delivery; or
      3. White Horse Wholesale is not liable for:
        1. non-delivery unless the Customer notifies White Horse Wholesale of the claim within 2 Working Days of the date of White Horse Wholesale’s invoice
        2. shortages in quantity delivered in excess of those permitted by Condition 11.2 unless the Customer notifies White Horse Wholesale of a claim within 2 Working Days of receipt of the Goods
        3. damage to or loss of all or part of the Goods in transit unless the Customer notifies White Horse Wholesale within:2 Working Days of receipt of the Goods
      4. Except as set out in this Condition 10 all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, use of or failure to supply the Goods are excluded to the extent permitted by law.
      5. Subject to the provisions in Condition 11.7 below, White Horse Wholesale is not liable to the Customer in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise for any of the following losses or damages, whether direct or indirect, and even if such losses and/or damages were foreseen, foreseeable or known, or White Horse Wholesale was advised of the possibility of them in advance:
        1. loss or damage incurred by the Customer as a result of third party claims;
        2. loss of actual or anticipated profits;
        3. loss of business opportunity;
        4. loss of anticipated savings;
        5. loss of goodwill; or
        6. any indirect, special or consequential loss or damage howsoever caused.
      6. The entire liability of White Horse Wholesale under or in connection with the use of, supply of or failure to supply the Goods, whether for negligence, breach of contract, misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the net amount invoiced to the Customer for the defective, damaged or undelivered Goods which gave rise to such liability.
      7. Nothing in these Conditions shall operate to exclude or restrict White Horse Wholesale’s liability for:
        1. death or personal injury resulting from negligence;
        2. breach of the obligations arising from section 12 of the Sale of Goods Act 1979;
        3. fraud, fraudulent misrepresentation or deceit;
        4. any other liability which cannot be excluded or restricted at law.