...also see our
Privacy / Copyright statement
1 Conditions
1.1 An order for goods
placed by you, the buyer through our website shall be subject
to these terms and conditions.
1.2 All other terms and
conditions, express or implied by statute or otherwise, are
excluded to the fullest extent permitted by law.
1.3 Nothing in these terms
and conditions shall affect the statutory rights of any consumer.
2 Orders
2.1 All orders for goods
shall be deemed to be an offer by you, the buyer, to purchase
goods pursuant to these terms and conditions.
2.2 You, the buyer, shall
be responsible for ensuring the accuracy of the details provided
on the website order form and we will not be obliged to accept
an order unless all details requested on the website order
form have been entered correctly.
2.3 No order submitted
by you, the buyer, shall be deemed to be accepted by us unless
and until we confirm acceptance of your order by e-mail (where
applicable) or by telephone.
2.4 We are entitled to
refuse any order placed by you and will not be required to
provide an explanation.
3 Goods
Those
goods displayed on our website may differ slightly in colour
from the images shown.
4 Price
4.1 The price of the goods
will be the price quoted on the website at the date the order
is received excluding delivery unless specified otherwise.
4.2 Orders from countries
outside the UK or Europe will be despatched at our discretion
and we shall be entitled to levy a carriage surcharge where
the standard carriage charges are not sufficient due to the
nature of the goods or the country for delivery. We shall
contact you, the buyer, to obtain agreement of the increased
cost prior to shipment.
5 Payment
5.1 When we provide any
goods to you, the buyer, under these terms and conditions,
payment will be charged to the credit card account provided
by you on the website order form.
5.2 By placing an order,
you, the buyer, consent to payment being charged to your credit
card account as provided on the website order form.
5.3 Title to the goods
will pass to you, the buyer, on payment in full of the price
of the goods.
6 Delivery
6.1 The goods will be
delivered to you, the buyer, at the address provided by you
on the website order form.
6.2 The risk in the goods
shall pass to you on such delivery taking place.
6.3 Any dates quoted for
delivery of the goods are approximate only and we shall not
be liable for any delay in delivery of the goods however caused. Time
for delivery shall not be of the essence for an order for goods
placed by you, the buyer.
6.4 We shall not be liable
to you, the buyer, for orders of multiple goods not all delivered
at the same time however caused but will provide you with the
outstanding goods as soon as is reasonably practical. If
however we have not delivered the outstanding goods within
21 days from the first date of delivery you, the buyer, shall
be entitled to cancel the order for the outstanding goods.
7 Return
of Goods
7.1 You, the buyer, will
inspect the goods as soon after delivery as is reasonably practicable
and will notify us by e-mail at info@rodandfin.com of any shortages,
defects in the goods or any other complaint in respect of them
within 10 working days from the date the goods were delivered.
7.2 We operate a policy
of accepting returns provided the goods and their original
packaging are received by us by recorded delivery within 10
working days from the date the goods were delivered and the
goods are returned to us in new condition. You, the
buyer, will bear the cost of returning the goods to us by recorded
delivery. Please allow 10 working days for us to reimburse
the price of the goods to the credit card account provided
by you on the website order form.
7.3 Save in respect of
any shortages or defects if you, the buyer, fail to comply
with this clause 7 we will not be held legally liable in respect
of any other complaint which should have been brought to our
attention within this period.
8 Your
Warranty
You,
the buyer, warrant that all details provided on the website
order form for the purpose of purchasing the goods are correct,
that the credit card you are using is your own and that there
are sufficient funds and/or sufficient unused limit available
to cover the cost of the goods.
9 Limitation
of Liability
9.1 We will use all reasonable
endeavours to carry out its obligations within a reasonable
period of time but will not be liable to you, the buyer for
any loss, costs or expenses arising directly or indirectly
from any delays in doing so and we will not be deemed to be
in breach of this Agreement by reasons of any delay in performing,
or any failure to perform any of its obligations in relation
to this Agreement, if the delay or failure was due to any cause
beyond our reasonable control. Without prejudice
to the generality of the foregoing the following will be regarded
as causes beyond our reasonable control:
9.1.1 Act
of God, explosion, flood, tempest, fire or accident;
9.1.2 War
or threat of war, sabotage, civil disturbance or requisition;
9.1.3 Acts,
restrictions, regulations, bye-laws, prohibitions or measures of any
kind on the part of any governmental, parliamentary or
local authority;
9.1.4 Import
or export regulations or embargoes;
9.1.5 Strikes,
lock-outs or other industrial actions or trade disputes;
9.1.6 Power
failure or breakdown in machinery.
If
we are prevented from carrying out our obligations in the above
circumstances, we will notify you in writing at the address
provided by you for delivery on the website order form. If
we are still prevented from carrying out our obligations 3
weeks from the date such notice was sent, then either party
may give written notice to the other cancelling the Agreement. If
the Agreement is cancelled in this way we accept no liability
to compensate you for any loss or damage caused by failure
to perform.
9.2 Except where you,
the buyer are dealing as consumer (as defined in the Unfair
Contract Terms Act 1977 section 12 as amended) we do not give
any warranty, guarantee or indemnity as to quality, fitness
for purpose or otherwise of the goods.
9.3 Except in respect
of death or personal injury caused by our negligence, we will
not be liable to you, the buyer, for any loss of profit or
any indirect special or consequential loss, damage, costs,
expenses or other claims, which arise out of or in connection
with the supply of goods other than as a result of a breach
of an obligation arising under the Sale of Goods Act 1979 (as
amended) and the Supply of Goods and Services Act 1973.
9.4 Notwithstanding anything
contained in these terms and conditions, our liability to you,
the buyer, in respect of each order, in contract, tort (including
negligence or breach of statutory duty) or howsoever otherwise
arising, shall be limited to the price of the goods specified
in each order actually received by us.
10 Intellectual
Property
10.1 The copyrights, designs, patents,
trade marks and other intellectual property in the material
contained in this website belongs to Rod and Fin or its licensors
save that the images contained in this website belong to the
listed authors or agents.
10.2 You may download or copy the
content and other downloadable items displayed on the website
subject to the condition that the material may only be used
for personal non-commercial purposes. Copying or storing
the contents of the website for other than personal use is
expressly prohibited.
10.3 We shall have no liability to
you in connection with claims based on or resulting from the
infringement of intellectual property rights, of any kind whatsoever,
of third parties.
11 Website
11.1 We will attempt to ensure that
the information available on the website at any item is accurate. However,
we will not be held liable for any errors or omissions. We
will use all reasonable endeavours to correct errors and omissions
as quickly as practicable after becoming aware or being notified
of these.
11.2 All drawings, descriptive matter
and specifications of the goods on the website are for the
sole purpose of giving an approximate description of the goods.
11.3 We may also change, suspend or
discontinue any aspect of the website, including the availability
of any features, information, database or content or restrict
access to parts or all of the website without notice or liability.
12 General
12.1 We may from time to time change,
alter, adapt, add or remove portions of these terms and conditions
but if we do so we will post any such changes on the website.
12.2 If any provision of these terms
and conditions is held by any competent authority to be invalid
or unenforceable in whole or in part, the validity of the other
provisions of this Agreement and the remainder of the provision
in question will not be affected.
12.3 Each order shall be considered
a contract made in England and shall be governed in all respects
by the law of England and the parties agree to submit to the
non-exclusive jurisdiction of the English courts.
12.4 The headings in this Agreement
are for convenience only and will not affect their interpretation.
13 Queries
and Complaints
13.1 We aim to respond to e-mail,
faxed and written queries within 1 working day.
13.2 In respect of complaints, we
will consider the nature of the complaint and will contact
you within 21 days of the complaint giving you the result
of the enquiries and what we propose should be done. |
