Seafishing supplies from seafishinggear

www.SeaFishingGear.co.uk
SEA FISHING SUPPLIES ON LINE

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Terms & Conditions

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 Interpretation

1.1 In these conditions "Buyer" means the person (you) who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
"Goods" means the Goods including any installment of the Goods (or part of them) which the Seller is to supply in accordance with these Conditions
"Seller" means SeaFishingGear.co.uk
"Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller
"Contract" means the contract for the purchase and sale of the Goods
"Writing" includes e-mail, facsimile transmission and comparable means of communication
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation

2. Format of the Contract

2.1 No contract exists between the Buyer and the Seller for the sale of any goods until the Seller has received and accepted the Buyer's order and the Seller has received payment in full (in cleared funds). Once the Seller does so, there is a binding legal contract between us.
2.3 By way of clarification, an acknowledgement of the Buyer's order will be sent to the Buyer via e-mail when the order is placed, but acceptance of the Buyer's offer to buy the goods will not take place until after payment is taken and the Buyer receives the acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
2.4 The contract is subject to the Buyer's right of cancellation (see below).
2.5 The Seller may change these terms of sale without notice to you in relation to future sales

3. Description and price of the goods

3.1 The description and price of the goods the Buyer orders will be as shown on the Sellers website at the time the order was placed.
3.2 The goods are subject to availability. If on receipt of the order the goods the Buyer has ordered are not available in stock, the Seller will inform the Buyer as soon as possible and refund or re-credit the Buyer for any sum that has been paid by the Buyer or debited from the Buyer's credit card for the goods.
3.3 Every effort is made to ensure that prices shown on the Sellers website are accurate at the time the order was placed. If an error is found, the Seller will inform the Buyer as soon as possible and offer the Buyer the option of reconfirming the order at the correct price, or cancelling the order. If the Seller does not receive an order confirmation within 14 days of informing the Buyer of the error, the order will be cancelled automatically. If the Buyer cancels, the Seller will refund or re-credit the Buyer for any sum that has been paid or debited from the Buyer's credit card for the goods.
3.4 In addition to the price, the Buyer may be required to pay a delivery charge for the goods.

4. Payment

4.1 Payment for the goods and delivery charges can be made by any method shown on the Seller's website at the time the order is placed. Payment shall be due before the delivery date and time for payment shall be of the essence.
4.2 There will be no delivery until cleared funds are received.
4.3 Payments shall be made by the Buyer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.

5. Delivery

5.1 The goods ordered by the Buyer will be delivered to the address given when the order was placed. Deliveries are not made outside the United Kingdom.
5.2 Orders placed before 4.00 pm 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.)
5.3 If delivery cannot be made to the Buyer's address for reasons under the Seller's control the Seller will inform the Buyer as soon as possible and refund or re-credit any sum that has been paid by the Buyer or debited from the Buyer's credit card for delivery.
5.4 If the Buyer deliberately fails to take delivery of the goods (otherwise than by reason of circumstances under control of the Seller) then without prejudice to any other right or remedy available to the Seller , the Seller may:
5.4.1 Store the goods until actual delivery and charge the Buyer for reasonable costs (including insurance) of storage; or
5.5 If the Buyer fails to take delivery because the Buyer cancelled the contract under the Distance Selling Regulations the Seller shall refund or re-credit the Buyer within 30 days for any sum that has been paid by the Buyer or debited from the Buyer's credit card for the goods, less any expenses incurred for failed delivery.
5.6 Every effort will be made to deliver the goods as soon as possible after the order has been accepted. However, the Seller will not be liable for any loss or damage suffered by the Buyer through reasonable or unavoidable delay in delivery. In this case, the Seller will inform the Buyer as soon as possible.
5.7 Time for delivery shall not be of the essence. The goods may be delivered by the Seller in advance of the quoted delivery date.
5.8 Upon receipt of the order the Buyer will be asked to sign for the goods received in good condition. If the Buyer is unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims made thereafter.

6 Risk/Title

6.1 The goods are at the Buyer's risk from the time of delivery
6.2 Ownership of the goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the goods, and
6.2.2 all other sums which are or which become due to the Seller from the Buyer on any account.
6.3 The Seller shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Seller.

7. Your right of cancellation

7.1 The Buyer has the right to cancel the contract at any time up to the end of 7 working days after the goods have been received (see below).
7.2 To exercise the right of cancellation, the Buyer must give written notice to the Seller by letter, or e-mail, at the e-mail address shown below, or via the Returns on Line section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If the Buyer exercises the right of cancellation after the goods have been delivered, the Buyer will be responsible for returning the goods to the Seller at the Buyer's own cost. The goods must be returned to the address shown below. The Buyer must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once the Buyer has notified the Seller that the Buyer is cancelling the contract and the Goods have been returned in good condition, the Seller will refund or re-credit the Buyer within 30 days for any sum that has been paid by the Buyer or debited from the Buyer's credit card for the goods.
7.5 If The Buyer does not return the goods as required, the Seller may charge the Buyer a sum not exceeding the direct costs of recovering the goods.

9. Warranty

9.1 All goods supplied by the Seller are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect the Buyer's statutory rights as a consumer.
9.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by the Buyer or any third party, use otherwise than as recommended by the Seller, failure to follow the Seller's instructions, or any alteration or repair carried out without the Seller's approval.
9.3 If the goods supplied to the Buyer are damaged on delivery, the Buyer should notify the Seller in writing via letter or the e-mail address shown below within 7 days.
9.4 If the goods supplied to the Buyer develop a defect while under warranty or the Buyer has any other complaint about the goods, the Buyer should notify the Seller in writing via the e-mail address shown below, as soon as possible, but in any event within 7 days of the date the Buyer discovered or ought to have discovered the damage, defect or complaint.

10. Limitation of Liability

10.1 the Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
10.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
10.3 If the Buyer is a business customer the Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

11. Data Protection

The Seller will take all reasonable precautions to keep the details of the Buyer's order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by the Buyer.

12. Applicable Law

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.

12. Site Policies, Modification, and Severebility

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to SeaFishingGear. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

13. Questions:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by sending an e-mail to us at: Sales@SeaFishingGear.co.uk