TERMS AND CONDITIONS OF SALE FOR BUYERS USING THE SITE
OF
Toft Alpacas
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation
who buys, or agrees to buy, the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of
the UK 's Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer
for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from
the Seller;
"Seller" means Toft Alpacas of Toft Manor, Dunchurch,
Warwickshire CV22 2NR ,
tel +44.(0) 1788.810626.
1.6 "Terms and Conditions" means the terms and conditions of sale
set out in this agreement and any special terms and conditions agreed in writing
by the Seller;
1.7 Website" means this website
1.8 The Website owner is Toft Alpacas (a partnership).
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory
rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts
for the sale of Goods by the Seller to the Buyer and shall prevail over any
other documentation or communication from the Buyer.
2.3 Clicking for an order shall be deemed conclusive evidence of the Buyer's
acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause
1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these Terms and Conditions and are subject to acceptance
by the Seller. The Seller may choose not to accept an order for any reason.
No order will be accepted from buyers in the United States of America or in
Canada .
3.2 Where the Goods ordered by the Buyer are not available from stock the
Buyer shall be notified by the Seller and given the option to either wait until
the Goods are available from stock or cancel the order and receive a full refund
within 30 days.
3.3 When making an order through this Website, the technical steps the Buyer
needs to take to complete the order process are described in the Order Process
section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods to UK based Buyers shall be in £GBP at the
level stipulated on the Website. The total purchase price, including VAT and
delivery charges, if any, will be displayed in the Buyer's shopping cart prior
to confirming the order. After the order is received the Seller shall confirm
to the Buyer the details, description and price for the Goods. Payment of the
price must be made in full before dispatch of the Goods by the Seller. Goods
supplied to buyers from outside the UK will have provided to them a separate
price estimate to include delivery, as part of the order acceptance process.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right periodically to update prices on the Website,
which cannot be guaranteed for any period of time. The Seller shall make every
effort to ensure prices are correct at the point at which the Buyer places
an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at
any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from
the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer
will be asked when placing an order to declare that they are of the appropriate
legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order
Goods, the Seller shall be entitled to refuse to accept the order immediately.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch
correspond to the description given by the Seller. Except where the Buyer is
dealing as a Consumer, all other warranties, conditions, or terms relating
to fitness for purpose, merchantability or condition of the Goods, whether
implied by Statute, common law or otherwise are excluded, and the Buyer is
satisfied as to the suitability of the Goods for the Buyer's purpose. The Goods
are hand-crafted and any two items may not be identical or matching. No warranty
is given in this respect.
8 DELIVERY
8.1 Goods supplied to Buyers within the UK will normally be delivered within
7 working days of acceptance of order. Goods supplied to buyers from outside
the UK will have provided to them a separate time of delivery estimate as part
of the order acceptance process. Buyers from outside the UK will be responsible
for obtaining any relevant import licence and for payment of any Customs duties.
8.2 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the Buyer will be notified and given the opportunity to
agree a new delivery date or receive a full refund.
8.3 The Seller shall use its reasonable endeavours to meet any date agreed
for delivery. In any event, time of delivery shall not be of the essence and
the Seller shall not be liable for any losses, costs, damages or expenses incurred
by the Buyer or any third party arising directly or indirectly out of any failure
to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made to the Buyer's address specified in
the order and the Buyer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery.
8.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the
Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller via fax, Email or post within 7 working days of delivery, if the
Goods are damaged or do not comply with the order. If the Buyer fails to do
so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Seller shall be responsible
for the recovery of the Goods from the Buyer. The Buyer shall be entitled to
a full refund (including delivery costs) if the Goods are in fact defective.
9.3 If the Buyer is a consumer, it has the right, in addition to its other
rights, to cancel the Contract and receive a refund by informing the Seller
via fax, Email or post within 7 working days of receipt of the Goods provided that
the packaging of the Goods has not been opened.
9.4 In the event of cancellation, the Seller shall be responsible for the
recovery of the Goods from the Buyer and the Seller shall inform the Buyer
within 21 days of cancellation of the date when the Seller will collect the
Goods. The Buyer will be under a duty to take good care of the Goods until
they have been recovered. The Buyer will receive a refund of all monies paid
for the Goods within 30 days of cancellation.
9.5 Goods to be returned must clearly show the invoice number obtained from
the Seller on the package.
9.6 Where returned Goods are found to be damaged through no fault of the Seller,
the Buyer will be liable for the cost of the Goods.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer,
in the event of any breach of these Terms and Conditions by the Seller, the
remedies of the Buyer shall be limited to damages which shall in no circumstances
exceed the price of the Goods and the Seller shall under no circumstances be
liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury resulting from the negligence of
the Seller or that of the Seller's agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing
any of its rights under this contract shall prejudice its rights to do so in
the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or circumstances
outside its reasonable control, and the Seller shall be entitled to a reasonable
extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is
held invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if these Terms and Conditions
had been agreed with the invalid illegal or unenforceable provision eliminated.
NOTICES
14.1 All notices given pursuant to this Agreement shall be in writing sent
to the other's registered office for the time being.
14.2 Notices may be sent by hand delivery, by pre-paid first class post, by
fax, or by E-Mail
14.2.1 Notices will deemed to have been given: -
14.2.2 If by hand delivery: at the time of delivery
14.2.3 If sent by post on the second business day following the day of posting
14.2.4 If sent by fax at the time of transmission and a fax confirmation sheet
shall be evidence of transmission.
14.2.6 If sent by E-Mail when the notice is received by the party to whom
it is addressed is able to access it in an intelligible form (as defined by
S.56(1) of the Regulation of Investigatory Powers Act 1998) and whether the
recipient chooses to access it is immaterial.
15 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions
at any time but this right shall not affect the Seller's existing Terms and
Conditions accepted by the Buyer upon making an order.
16 . DISPUTE RESOLUTION
In the event of any dispute arising between the parties in connection with
this agreement which cannot be settled by negotiation, the parties will in
good faith, seek to resolve that dispute through mediation under the auspices
of the ADR Group of Grove House, Grove Road, Redland, Bristol BS6 6UN before
resorting to expert determination. If the dispute is not resolved by mediation
within 30 days, or if one of the parties will not participate in the mediation,
the dispute shall be referred to expert determination by a chartered accountant
appointed by the parties jointly or in default of agreement by the President
for the time being of the Institute of Chartered Accountants of England and
Wales on the application of any party. The costs of the expert determination
shall be as directed by the expert. The jurisdiction and law applicable to
this contract is that of England and Wales .