Barbel Fishing World – Terms and Conditions
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Barbel Fishing World, (the “Supplier”).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds).
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will do its best to inform you as soon as possible.
2.3 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within seven working days of informing you of the error, the order will be cancelled automatically.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.2 The goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom.
4.3 Orders placed before 3.00pm UK time on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available (A working day is any day other than weekends and bank or other public holidays.).
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition (unless delivered by First Class Royal Mail). If the package does not appear to be in good condition then please sign for the parcel as “DAMAGED”. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods and delivery, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Your right of cancellation
6.1 You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below).
6.2 To exercise your right of cancellation, you must give notice to the Supplier by telephone, hand, post or the e-mail section of our website, giving details of the goods ordered and (where appropriate) their delivery.
6.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown on our website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 7.3 or 7.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
6.6 You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
7.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval.
7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier by telephone or in writing via e-mail within seven days.
7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier by telephone or in writing via e-mail as soon as possible, but in any event within seven days of the date you discovered or ought to have discovered the damage, defect or complaint.
8. Limitation of Liability
8.1 If you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
If you have any suggestions or comments please e-mail us
Our Contact details:
Barbel Fishing World, c/o Yatton Keynell Stores, The Street, Yatton Keynell, nr Chippenham, Wiltshire SN14 7BA
Phone: 01249 783196