These terms may have changed since you last reviewed them.

For a copy of our previous terms and conditions, which applied to orders made pre 1st April 2024 please contact us at [email protected] and we can provide a copy.

Where to find information about us and our products

You can find everything you need to know about us, D W Whitson Ltd, a private limited company incorporated in England and Wales with company registration number 08850800 whose registered office address is Ellerbeck, Caldbeck, Wigton, England, CA7 8HD, and our products on our website, in our catalogue or from our sales staff before you order. We also confirm the key information to you in writing before or after you order, either by e-mail, in your online account or on paper.

We don’t give business customers all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

When you buy from us you are agreeing that:

• We only accept orders when we’ve checked them.
• Sometimes we reject orders.
• We charge you when you order, or where specifically agreed, when we supply your product.
• We charge interest on late payments.
• We pass on increases in VAT.
• We’re not responsible for delays outside our control.
• Products can vary slightly from their pictures.
• You’re responsible for making sure your measurements are accurate.
• We may charge you if you don’t give us information we need or don’t complete the preparatory work we have requested to be done before our supply (of services or goods is made) as agreed with us.
• If you are a consumer and you bought online, by mail order, over the telephone or on your doorstep, you have a legal right to change your mind and however you bought you have rights under our guarantee.
• You can end an on-going contract (find out how).
• You have rights if there is something wrong with your product.
• We can change products and these terms.
• We can suspend supply (and you have rights if we do).
• We can withdraw products.
• We can end our contract with you.
• We don’t compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

We only accept orders when we’ve checked them

We contact you to confirm we’ve received your order and we accept it when we dispatch or supply the product.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, or because a credit reference we have obtained is unsatisfactory, or because we can’t verify your age (where the product is age-restricted), or because you are located on an island or in the highlands or any other place outside our delivery areas, as stated on our website or because the product was mispriced by us (whether due to soft-ware malfunctions or human error). When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order or where specifically agreed, when we supply your product/goods

However, for some products we may take payment at regular intervals, if agreed between us, during the order process.
For the avoidance of doubt, the risk in the products/goods shall pass to you on delivery, which means they are your responsibility from the time we deliver them to the address you give us or if you (or a carrier organised by you) collect the goods from us. If you are a consumer you will own the products/goods from when they are delivered to you or when they are collected from our premises and they have been paid for in full.

We retain ownership of the goods/products after delivery if you are a business customer

If you are a business customer, title to (i.e. legal ownership of) the products/goods, even if they have been delivered, shall not pass to you until the earlier of:

(a) when we receive payment in full (in cash or cleared funds) for the products/goods, in which case the title to these goods shall pass at the time of payment of all such sums; or
(b) you resell those products/goods, in which case title to those products/goods shall pass to you at the time specified below.

Until title to the products/goods has passed to you, you shall:

(a) store those products/goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to those products/goods;
(c) maintain those products/goods in satisfactory condition and keep them insured on our behalf for their full price against all risks with an insurer that is reasonably acceptable to us. You shall obtain an endorsement of our interest in the goods on its insurance policy, subject to the insurer being willing to make the endorsement. On request, you shall allow us to inspect the insurance policy; and
(d) give us such information as we may reasonably require from time to time relating to:
(i) the goods; or
(ii) your ongoing financial position

Subject to the above, you may resell or use the products/goods in the ordinary course of its business (but not otherwise) before we receive payment for the goods. However, if you resell the goods before that time:

(a) You do so as principal and not as our agent; and
(b) title to those goods shall pass from us to you immediately before the time at which resale by you occurs.
(c) At any time before title to the goods passes to you, we may:
(i) by notice in writing, terminate your right to resell the goods or use them in the ordinary course of its business; and
(ii) require you to deliver up all the goods in its possession that have been resold, or irrevocably incorporated into another product and if you fail to do so promptly, enter your premises or of any third party where the relevant goods are stored in order to recover them; or
(iii) at any time after delivery of the products/goods elect to transfer title in those products/goods to you, notwithstanding that you have not yet paid for them in full, in which case we will notify you and you shall immediately pay us any outstanding sum for those products/goods.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We charge interest on late payments

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time, and, if you are a business customer, we reserve the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 instead, whichever is higher. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, including but not limited to acts of God, flood, drought, earthquake, epidemic or other natural disaster, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team at [email protected] to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown on our marketing (including on our website pages) or its packaging may be slightly different.

You’re responsible for making sure your measurements are accurate

If we’re making or supplying the product to measurements you provide, you’re responsible for making sure those measurements are correct. Find information and tips on how to measure contact our Customer Service Team at [email protected].

We charge you if you don’t give us information we need or do preparatory work as agreed with us

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery, installation or to provide services or if you don’t do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule services or delivery dates.

If you are a consumer and you bought online, by mail order, over the telephone or on your doorstep, you have a legal right to change your mind and however you bought you have rights under our guarantee.

Your legal right to change your mind. For most of our products bought online, by mail order, over the telephone or on your doorstep, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

Our goodwill guarantee for consumers. In addition, we, D W Whitson Ltd, offer our UK consumer customers a goodwill guarantee for most products however they are purchased, offering you 14 days to change your mind and simply return the goods to us. Unless we specifically agree to collect the goods, you will need to pay the costs of return This goodwill guarantee does not affect your legal rights if there is something wrong with your product (for more on those rights see You have rights if there is something wrong with your product).

When you can’t change your mind. You can’t change your mind about an order for:

• products after they have been consumed or used such that they cannot be reused;
• services, once these have been completed;
• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• goods that are made to your specifications or are clearly personalised; and
• goods which become fitted to other parts or mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:

• the day we deliver your product, if it is goods, for example tractor parts or fertilizer. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
• the day we confirm we have accepted your order, if it is for a service, for examplerepair works.
  How to let us know. To let us know you want to change your mind, contact our Customer Service Team: at [email protected] or fill in and submit the online cancellation form on our website www.davidwhitson.co.uk or write to us at Howburn Farm, Caldbeck, Wigton, CA7 8HD.

You have to return the product at your own cost. If your product is goods, unless, we agree to collect the product from you, you have to return it (and any free gifts provided with it) to us within 14 days of you telling us you have changed your mind. Returns are at your own cost. You can:

• bring the product to Howburn Farm, Caldbeck, Wigton, CA7 8HD. You will need your email receipt and the card you paid with.
• send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including creating return labels and our collection arrangements for goods which can’t be posted, contact our Customer Service Team: at [email protected] for our returns process.

We only refund standard delivery costs. Where we have agreed to refund your delivery costs, we don’t refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for services you received before you change your mind. If you bought a service (such as repairs work) we don’t refund you for the time you were receiving it before you told us you’d changed your mind.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable for us to re-sell, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team at [email protected] can advise you on whether we’re likely to reduce your refund.

When and how we refund you. If your product hasn’t been delivered or where we have agreed to collect the same, that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to regular delivery of goods) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team at [email protected].

You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must either bring it to Howburn Farm, Caldbeck, Wigton, CA7 8HD or contact our Customer Service Team: at [email protected].

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights

If your product is goods, for example tractor parts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund.
• Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
  If your product is services, for example repair works, the Consumer Rights Act 2015 says:
• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
• If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

Your rights if you are a business. We warrant that on delivery any products which are goods shall:

• conform in all material respects with their description and any relevant specification;
• be free from material defects in design, material and workmanship;
• be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:

• you give us notice in writing within 24 hours of delivery where you have been able to inspect the product, or, if you have not been able to inspect the product within 24 hours of delivery, within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
• we are given a reasonable opportunity of examining such product; and
• you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if

• you make any further use of such product after telling us it is non-compliant;
• the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
• the defect arises because we followed any drawing, design or specification supplied by you;
• you alter or repair the product without our written consent; or
• the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

Changes we can always make. We can always change a product or the services we supply:

• to reflect changes in relevant laws and regulatory requirements;
• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. We can also make other reasonable changes to the product or services supplied under these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team at [email protected] to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but won’t receive.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product, such as give you a different brand of fertilizer, providing the product is substantially the same (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than two weeks you can contact our Customer Service Team at [email protected] to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for fertilizer or other goods. Where an order has been placed for an ongoing service or a subscription, we let you know within a reasonable time in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

• you don’t make any payment to us when it’s due and you still don’t make payment within 15 days of our invoice date or, if our invoice has not yet been sent, within 15 days of our reminding you that payment is due;
• you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access (or in the case of repair work, do not deliver or provide us with access to the item we have agreed to repair) that we need to provide the product or supply the service;
• you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product (“click and collect”) but you don’t do this within 48 hours then we treat your order as cancelled and refund the purchase price. We don’t compensate you for all losses caused by us or our products.
  Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section, We’re not responsible for delays outside our control.
• Avoidable. Something you could have avoided by taking reasonable action. For example, delays in repair work or deterioration to products supplied, which you could have avoided by following our (or the product manufacturer’s) advice, installation and/or storage (including to keep at a certain temperature or out of direct sunlight) instructions or having the minimum system requirements advised by us or the manufacturer (provided such advice was communicated to you or included on the packaging of the goods or in the manuals/documentation supplied with the product.
• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.
  Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:
• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the lower of i) our insurance limit £5,000,000 and ii) the total sums paid by you for products and/or services under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
• defective products under the Consumer Protection Act 1987; or\

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: contained at www.davidwhitson.co.uk.
You have options for resolving disputes with us

Our complaints policy. Our Customer Service Team at [email protected] will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in however, governed by English law. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract. If you’re a consumer and you’re unhappy with the transfer you can contact our Customer Service Team at [email protected] to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this. If you’re a consumer you can transfer our consumer guarantee (as explained in Our goodwill guarantee) to a new owner of the product. We can require the new owner to prove you transferred the product to them, for example by requesting evidence of a written receipt or transfer and any consideration paid. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.