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 Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.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1.6 Sometimes stock may be withdrawn or discontinued.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that we are not liable to you for any failure or delay to fulfil an order due to products being out of stock, withdrawn or discontinued.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.
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.
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.
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.
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.
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.