Terms and Conditions of The Outdoor Boutique Ltd, Unit 5, Evolution House, Lakeside Business Village, St. David's Park, Ewloe, Flintshire, CH5 3XP, hereinafter referred to as "Seller", "we" or "us".
§1. General and Application
(1) What these terms cover. These are the Terms and Conditions on which we supply goods to you (the "Customer", "you").
(2) Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
(3) Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:
- You are an individual
- You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
(4) 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 or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
§2. INFORMATION ABOUT US AND WHO WE ARE
(1) Who we are. We are The Outdoor Boutique Ltd a company registered in the United Kingdom. Our company registration number is 11002096 and our registered office is at Unit 5, Evolution House, Lakeside Business Village, St. David's Park, Ewloe, Flintshire, CH5 3XP,
(2) How to contact us. You can contact us by emailing firstname.lastname@example.org or by completing our contact form.
(3) How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
(4) "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
§3. OUR CONTRACT WITH YOU
(1) How we will accept your order. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
(2) If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
§4. THE GOODS
(1) Goods may vary slightly from their pictures. The images of the goods on our website are for illustration purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
§5. PROVIDING THE GOODS
(1) Delivery costs, destinations and partial deliveries. The costs of delivery will be as specified in the Shipping costs overview displayed on our website. We deliver only to the countries specified in the Shipping costs overview (delivery restrictions). We may effect delivery in one or more instalments at no additional cost to you.
(2) When we will provide the goods. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
(3) We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but, if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
§6. PRICE AND PAYMENT
(1) Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order page when you placed your order. We take all reasonable care to ensure the price of the goods advised to you is correct.
(2) We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
(3) What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods' correct price at your order date is higher that the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
(4) When you must pay and how you must pay. We accept payments with credit card, debit card and PayPal. We reserve the right to exclude certain terms of payment. You must pay for goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.
(5) Any additional shipping costs are as detailed in the shipping costs overview/delivery restrictions. Packaging costs are included in the delivery costs.
(6) In case of payment via PayPal, you will need to register with www.paypal.com. The terms and conditions of paypal.com [www.paypal.com] shall apply.
(7) Information regarding any additional costs incurred due to the Customer's selected payment option can be found in our Customer Information and in the overview Payment types on our website.
§7. YOUR RIGHTS TO END THE CONTRACT
(1) You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced and to get some or all of your money back), see §9 if you are a customer and §10 if you are a business.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see §7(2);
(c) If you are a consumer and have just changed your mind about the product, see §7(3). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];
(d) In all other cases see our goodwill guarantee in §7(4).
(2) Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods; or
(e) you have a legal right to end the contract because of something we have done wrong.
(3) Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
(4) Our goodwill guarantee for all customers. In addition to the statutory right of withdrawal for consumers, the Seller grants all of its Customers a "goodwill" 30-day period to change your mind (this goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed goods).
(5) When consumers do not have a right to change their minds. Your right to change your mind (whether under §7(3) or §7(4) does not apply in respect of:
(a) goods sealed for health protection of hygiene purposes, once these have been unsealed after you receive them;
(b) any goods which become mixed inseparably with other items in their delivery.
(6) How long do you have to change your mind? Under our goodwill guarantee you have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
§8 HOW TO END THE CONTRACT WITH US
(1) Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following;
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete our contact form on our website.
(c) By post. Write to us at the address on your invoice including details of what you bought, when you ordered and received it and your name, address and email address.
(2) Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us at The Outdoor Boutique Ltd. You must:
(a) return the goods to us, if possible in their original packaging with all accessories and all packaging components. In the event that the original packaging is no longer available, suitable protective packaging which provides for adequate protection against damage during transportation should be used (at your cost).
(b) return the goods as a post-paid package to us. A returns receipt should be retained by you in a safe place. If you are exercising you right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.
(c) pay the costs of return of the goods (unless we have agreed to pay the costs of return).
(3) When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
(4) How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
(5) When we may make deduction from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any deduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(6) When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods back from you, or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
§9 YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER
(1) If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
(2) If you are a Consumer we warrant that on delivery, and for a period of 12 months from the date of delivery (consumer warranty period) any goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sales of Goods Act 1979); and
(d) be fit for any purpose held out by us.
§10 YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A BUSINESS
(1) If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (business warranty period), any goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship.
§11 WARRANTY CLAIMS
(1) Subject to §11(2) below if:
(a) you give us notice in writing during the consumer warranty period (if you are a consumer) or the business warranty period (if you are a business customer) within a reasonable time of discovery that any goods do not comply with the warranty set out in §9(2) or §10(1);
(b) we are given a reasonable opportunity of examining such goods; and
(c) you return such goods to us at your cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
(2) We shall be not be liable for any goods' failure to comply with the warranty set out in §10(1) if:
(a) you make any further use of such goods after giving a notice in accordance with §11(1)(a);
(b) the defect arises as a result of fair wear and tear, wilful damage, neligence, or abnormal working conditions.
(3) Except as provided in this §11, we shall have no liability to you in respect of the goods' failure to comply with warranty set out in §9(2) or §10(1).
(4) These terms shall apply to any repaired or replacement goods supplied by us under §11(1).
§12 TITLE AND RISK
(1) Ownership of the goods shall not pass to you until we have received payment in full of all monies owed by you.
(2) Where you are a consumer, risk in the goods shall pass to you at the time of delivery of the goods to the address supplied by you.
(3) Where you are a business customer risk in the goods shall pass to you once the goods have been dispatched.
§13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
(1) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
(2) We do not exclude or limit in any way our liability to you when it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud if fraudulent misrepresentation; for breach of your legal rights in relation to the goods.
(3) We are not liable for business losses. If you are a consumer we only supply the goods to you for private and domestic use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in §14.
§14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
(1) Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sales of Goods Act 1979 or section 2 or the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
(2) Except to the extent expressly stated in §10 all terms implied by sections 13 to 15 of the Sales of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
(3) Subject to §14(1):
(a) 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 contracts between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us; and
(b) 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 price of goods.
§15 OTHER IMPORTANT TERMS
(1) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
(2) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(3) Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English Courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or English courts.
(4) Alternative dispute resolution if you are a consumer. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform. You can access this platform via the following link: http://ec.europa.eu/consumers/odr/. We are obligated to provide you with our email address which is firstname.lastname@example.org.
(5) Which laws apply to this contract and where you may begin legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have the exclusive jurisdiction to settle any such dispute or claim.