Please read these terms and conditions carefully as it governs the relationship between you and us, and limits our liability to you when you purchase products from us. By accepting these terms and conditions you are forming a contract with us and agreeing to the terms and conditions that appear below. References to “you” and “your” are to you as an individual. References to “us”, “our” and “we” are to D Griffiths T/A The Wildlife Gift Shop and it’s representatives.
All
customers must be over the age of 18 years old to use our service.
- Your Order
1.1 Each
order placed by you with us shall be an offer by you to us to buy products
subject to these and the website terms and conditions.
1.2 All
orders placed by you and purchases of goods from us (whether online or over the
telephone) are on the basis of these Terms and Conditions and are subject to
acceptance by us either (as applicable): (i) by delivery of the goods to you;
or (ii) by providing the goods you have purchased to you at our headquarters or
event, at which point a legally binding contract is constituted between you and
us.
1.3 You
must ensure that the terms of your order including the address for delivery are
complete and accurate.
1.4 All
quotations and advertisements for products given on this website are given
on the basis that no contract for sale shall come into existence between
us and you until we have received payment from you and delivered the goods
to you. Any quotations or advertisements for products given on this
website may be altered or withdrawn by us at any time.
1.5 We
shall endeavour that all orders are met. We do not however, guarantee the
availability of any product at any time. Where a product is temporarily
out of stock we will advise you of when we expect to be able to fulfil
orders however this is an estimate only and shall not be binding upon us.
1.6 Sometimes
stock may be withdrawn or discontinued. We shall make every effort to
update the website at all times but you understand and acknowledge that we
are not liable to you for any failure or delay to fulfil an order due to
products being out of stock, withdrawn or discontinued.
1.7 Once
an order has been placed by you and accepted by us you have a right to
cancel the order from the time of ordering until 7 days after receipt of the
order. All cancelled orders must be returned at your own cost.
- Delivery
2.1
Delivery of the products shall take place at the delivery address contained in
your order.
2.2 Any
dates or times specified by us for delivery of the products are intended
to be estimates only and time of delivery shall not be of the essence and
shall not be made of the essence by notice.
2.3 Subject
to the other provisions contained in these terms and conditions we shall
not be liable for any direct indirect or consequential loss (all three terms
which include without limitation pure economic loss loss of profits loss of
business depletion of goodwill and similar losses) costs damages or
expenses caused directly or indirectly by any delay in the delivery of the
products (even if caused by our negligence).
2.4 The
cost of delivery can be found on our delivery page and your order shall be due
prior to dispatch of your order.
- Price and Payment
3.1 Unless
otherwise agreed between you and us the price for the products shall be
the price advertised on the website plus any charges for delivery as advised to
you as published on the date of the order, errors and omissions excepted.
3.2 The
price for the products is exclusive of all fees and charges in relation to
packaging carriage and insurance to the delivery address this charge will be
supplied at the checkout and can be viewed on our delivery page prior to
ordering. We make no further charges.
3.3
Payment for the price of the products and post and packing shall be due in
pounds sterling at the time of the order.
3.4 Time
of payment shall be of the essence and no payment shall be deemed to be
received by us until it has been received in full and cleared funds. In
some circumstances such as bank cheques this may take 7 to 10 days
from receipt of the bank cheque.
3.5 We
do not accept liability for any errors or omissions and reserve the right
to change information prices specifications and descriptions of any of our
products. We shall try to correct any errors or omissions found at the
earliest opportunity.
3.6 If an
error or omission is found in goods you have ordered we shall inform you as
soon as is possible.
3.7 If
an error is discovered in the price of goods you have ordered we will
inform you as soon as is possible. In the event that you order an item and
the published price on this website is incorrect for any reason we will
contact you with the correct price and give you the option to cancel your
order. If you cancel your order because of an error or omission and have
already paid we shall refund you the full amount paid by you.
3.8 We
shall be under no obligation to fulfil an order for products which were subject
to error or omission.
- Warranties
4.1 All
warranties conditions and other terms implied by state or common law are
to the fullest extent permitted by law excluded from this Agreement.
4.2 All
products carry the warranty stated on the product description.
4.3 We
shall only extend the benefit of the manufacturer’s warranty to you and do not
separately warranty the products ourselves.
- Returns and Refund Policy
5.1 In
the event that any order is incorrect it must be notified to us within 7
(seven) days after delivery.
5.2 In
the case of incorrect orders the products shall be returned to us and we shall
redeliver the correct order at our own cost.
5.3 If
any products are faulty or defective they must be returned to us within 1
(one) month of delivery. We shall replace or repair the products free of
charge and redeliver them at our own cost, or shall provide a refund of
the price paid by you. In the event of replacement of any products the
products returned to us shall become our property. This specifically
excludes faults caused by accident neglect and misuse. This does not
affect any statutory rights that you may have.
5.4 If
we elect to refund you rather than provide a replacement or repair for
faulty or defective products or we are unable to replace any faulty or
defective product the products must be returned to us at our cost and
shall become our property.
- Limitation of Liability
6.1 Without
prejudice to the other provisions in these terms and conditions these
provisions set out our total financial liability to you.
6.2 All
times given for delivery restocking etc. are estimates only and we shall
not be liable for any damages costs losses (including without limitation
pure economic loss loss of profit loss of business interruptions to business
depletion of goodwill or reputation and/or loss of commission) claims or
liabilities whether direct indirect or consequential incurred by you due
to any delay by us including if such delay was caused by our negligence.
6.3 Nothing
in this agreement shall limit our liability for death or personal injury
caused by our negligence or for any matter for which it would be illegal
for us to attempt to exclude our liability or for fraud or fraudulent
misrepresentation.
6.4 Without
prejudice to the other provisions of this agreement, our total liability
in contract tort (including negligence or breach of statutory duty)
misrepresentation restitution or otherwise arising in the performance or
contemplated performance of this Agreement shall be limited to the price
of the products in any single order.
- Waiver
7.1 If
you breach any provision of these terms and conditions or the terms of use
of the website and we ignore this we shall still be entitled to use our
rights and remedies at a later date or in any other situation where you
breach any provision of these terms and conditions.
- Assignment
8.1 We
may transfer and/or assign our rights or obligations under these terms and
conditions at any time. This will not affect your rights and/or
obligations under the terms and conditions. You are not permitted to
transfer your rights or obligations under these terms and conditions to
any other person.
- Invalidity
9.1
If any provision of these terms and conditions is found by any court
tribunal or administrative body of competent jurisdiction, to be wholly or
partially illegal invalid void voidable or unenforceable it shall, to such
extent, be deemed to be severable and the remaining provisions of the
terms and conditions and the remainder of the provision shall continue in
full force and effect.
- Privacy
10.1 All
information that you provide about yourself to us shall be used in accordance
with our privacy policy.
10.2 You
acknowledge that you have read and agree to be bound by the terms of our
Privacy Policy.
- Variation
11.1 We
reserve the right to unilaterally vary these terms and conditions from
time to time. You should check and read the terms and conditions for any
updates and/or amendments before placing any order with us. If you do not
agree to any of the terms and conditions at any time you should not place
any order with us.
- Third Party Rights
12.1 We
and you do not intend that any provision in the Terms and conditions shall
be enforceable by virtue of the Contracts (Rights of Third Parties) Act
1999 by any person that is not party to these terms and conditions.
- Governing Law and
Jurisdiction
14.1 We
shall endeavour to resolve any disagreements between us and you quickly
and efficiently. The agreement between you and us shall be governed by the
laws of England and Wales and you and we shall both submit to the
exclusive jurisdiction of the courts of England and Wales.
- Force Majeure
15.1 We
will be excused from the performance of our obligations under
the agreement, without notice or penalty if circumstances outside
our control prevent them including but not restricted to: War riots acts
of terrorism flood fire storm labour dispute compliance with the law equipment
failure and supplier failure.
15.2 Should any circumstances beyond our control happen we will endeavour to minimise disruption to you and recommence services as soon as is possible. We reserve the right to offer alternative options to our clients during the suspension of work due to Force Majeure. Should the suspension of services due to Force Majeure be for a period of over 30 days the client has the right to cancel within those 30 days.