Terms and Conditions

These terms apply to every contract for the sale of goods between Cellwick Ltd (“Cellwick”, “we”, “us”), a company registered in England and Wales with its registered office at 60a, Atlantic Business Centre, Atlantic Street, Altrincham, Cheshire WA14 5NQ, United Kingdom, and customers ordering through the online shop at cellwick.com.

In these terms a consumer is an individual acting wholly or mainly outside their trade, business, craft or profession. Everyone else is a trade customer. Section 8 applies to trade customers in addition to, and in places instead of, the sections before it. Your own terms of purchase do not form part of the contract unless we have accepted them in writing.

The display of goods in the shop is an invitation to treat, not an offer. By selecting “Place order” you make a binding offer to buy. A contract is formed only when we accept that offer, either by confirming the order in writing (an order confirmation sent by email) or by despatching the goods. The automatic acknowledgement that we have received your order is not an acceptance.

The contract is concluded in English. We may decline an order, for example if the goods are no longer available, if we cannot authorise your payment, or if the price or description contained an obvious error. If we decline, we will tell you and refund any payment in full.

Prices shown to consumers include VAT at the applicable rate, currently 20 %, and exclude delivery. Prices shown to trade customers are quoted ex VAT; VAT at the applicable rate and delivery are added at checkout. All prices are in pounds sterling.

Volume prices apply from the quantity stated for the line concerned. The price is the one shown when we accept your order. Where the price of goods you have ordered is obviously wrong and the error could reasonably have been recognised as a mispricing, we may cancel the order and refund you in full rather than supply at that price.

We accept payment in advance by debit or credit card, by PayPal or by bank transfer. Approved trade customers may, following a satisfactory credit reference, buy on account with payment 30 days net from the date of invoice.

If a trade customer pays late, we may charge interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998 and suspend further deliveries until the account is settled. Consumers who pay late are liable for interest at the statutory rate only.

We despatch from our United Kingdom warehouse in Manchester, normally within 24 hours of cleared payment. Deliveries are made by Royal Mail, Parcelforce or a comparable carrier; the estimated delivery time is shown at checkout. Unless we have agreed a firm date, we will deliver within 30 days of the day the contract is formed.

We may deliver in instalments where it is reasonable to do so; this does not increase your delivery charge. For consumers, risk passes when you, or a person nominated by you other than the carrier, take physical possession of the goods. For trade customers, risk passes on handover to the carrier.

Deliveries outside the United Kingdom are made without duty or import VAT paid. Import duty, import VAT and any handling charge are payable by the recipient in the country of destination.

The goods remain our property until we have received payment in full for them. A trade customer may resell the goods in the ordinary course of business before that point and assigns to us, by way of security, the claims arising from any such resale until payment in full has been received. Risk, however, passes as set out in section 5 and does not wait for title.

If you buy as a consumer, the Consumer Rights Act 2015 gives you rights that these terms do not affect. The goods we supply must be of satisfactory quality, fit for any purpose you made known to us, and as described.

If they are not, you may reject them and ask for a full refund within 30 days of delivery. After those 30 days you may ask us to repair or replace them, and if repair or replacement fails or is not possible you may claim a price reduction or reject the goods. Where the goods are faulty or not as described, we pay the cost of returning them.

These rights are in addition to your right to cancel a distance contract, which is set out in our cancellation and returns policy. Advice on your rights is available free of charge from Citizens Advice.

The Consumer Rights Act 2015 does not apply to trade customers, and section 7 does not apply to them. Instead we warrant that, for twelve months from delivery, the goods will correspond with their description and be free from material defects in material and workmanship.

A trade customer must inspect the goods on delivery and notify us of any shortage, transit damage or obvious defect within seven days of delivery, and of any other defect within seven days of the day it is discovered. Our sole obligation for defective goods is, at our option, to repair them, replace them or refund the price paid.

So far as the law allows, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded in contracts with trade customers. Trade accounts are opened only after we have verified the business and, where applicable, its VAT registration number.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms as to title implied by section 12 of the Sale of Goods Act 1979, or for any other liability that cannot lawfully be limited or excluded.

Subject to that, our liability to consumers is limited to loss and damage that is a foreseeable result of our breach. We are not liable for loss that was not foreseeable, nor for any loss arising from use of the goods for a business purpose.

Subject to the first paragraph of this section, we are not liable to trade customers for loss of profit, loss of business, loss of contract, loss of goodwill, business interruption or any indirect or consequential loss, and our total liability under or in connection with a contract is limited to the price paid for the goods concerned.

Consumers have a statutory right to cancel a distance contract within 14 days of receiving the goods. The details, the exceptions and the model cancellation form are set out on our cancellation and returns page. Returns are currently sent to our warehouse in Bischofsheim, Germany; the address is on that page.

Separately from that legal right, we voluntarily allow consumers 30 days from receipt to return unopened goods in their original packaging. Trade customers have no right to cancel, and neither do buyers of lots bought at auction.

Lots offered in the Auctions area are sold under our separate Auction Terms, which take precedence over these terms for that area; in all other respects these terms apply. Bidding is open only to trade customers with an account we have approved.

Each bid is a binding offer for the whole lot and cannot be withdrawn. The contract is formed when the lot closes with the highest bid, provided any reserve has been met. There is no right to cancel an auction purchase, and lots described as B-grade or customer returns are sold as seen.

These terms, and any contract made under them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of the country in which you live.

If you have a complaint, please contact us at info@cellwick.de or on +44 7411 730722 in the first instance; we aim to resolve complaints directly. We are not obliged to take part in, and do not currently use, any alternative dispute resolution scheme.

If any provision of these terms is found to be unenforceable, the remaining provisions continue in force. A person who is not a party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999.