1. CUSTOMERS AND CONSUMERS.
Some of these terms apply to consumers only; some apply to business customers only. All other terms apply to all customers. These terms are marked as such. You are classed as business customers if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
If you are not a business customer, you are a consumer. You have certain statuary rights as a consumer which; are not effected by these terms.
2. USE OF OUR WEBSITE.
We may change anything on our website at anytime, at our discretion.
We have no responsibility for the content of other websites other than our own even if our site links to other website.
We retain all rights to our website design and all images on it. We have copyright and other rights to the design, look, style, appearance and content of it. You may view and print the web site only as a buyer or potential buyer from us. You may not modify, publish, reproduce, distribute or broadcast in any format any material found within this site.
We may restrict or suspend use of the website (typically for repairs, introduction of services or general maintenance) where possible we will post warnings on the site first. We will try to do this no more than we have to and keep the time of disruption as short as possible.
3. PLACING YOUR ORDER
When you place your order with us, you are offering to buy the goods you order. There is no commitment on us to supply those goods, at that price, or at all, until we decide to accept your order.
Goods may be subject to availability we will tell you if we cannot meet your order (or part of it) from stock or within reasonable time.
If we become aware, after you have placed your order, and before we deliver it, that the price or description is not correct we will e-mail to tell you. You can either continue with the order (with the revised price or description) or if you prefer, cancel the order (in part or the whole of it) we will then refund the relevant payment. We will assume you wish to cancel the relevant part of the order if we do not hear otherwise from you within three working days.
We will send you an e-mail to confirm that we have received your order and are processing it. That e-mail is not a confirmation that we have accepted your order. There is no legally binding contract at that stage.
When we have received your payment and processed the order for delivery we will send you an e-mail telling that we have accepted you order. There is then a binding contract. We remain free to decline all or part of your order at any time before we decide to accept it. We will then send you an e-mail to tell you if we decide to decline you order (or part of it).
We may pass your details to third parties of address, identity, and credit checks that save you and us from fraudulent transactions.
The price and delivery charges will be shown at the checkout. The price quoted for goods excludes delivery unless otherwise stated.
You must pay for good (and delivery) when you place your order, unless we have agreed that credit facilities may be extended to you.
You must pay by MasterCard, Visa, Visa Delta, or Switch card. We regret that we are unable to accept other means of payment (unless we have agreed that you may have a credit account with us).
All delivery times quoted are estimates only and we cannot guarantee delivery at any particular time or date (unless you have specified an actual delivery service).
If we are prevented from delivering within 30 days after we accept your order, we will give you the option of either: 1. Accepting delivery. 2. Cancelling the order.
If we choose to cancel the contract (after we give you the option) We will refund the relevant part of your payment; and The cancellation will be on the basis that you have no further claim against us under the contract.
If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including loss of profit, or other financial loss, of indirect or consequential loss or increase in the price of goods).
We may deliver your goods in instalments. Each instalment will be treated as a separate contract.
6. DELIVERY AND RISK
The goods are at your risk from the time of delivery.
You must inspect the goods on delivery. If the goods are delivered damaged (or not delivered ) you must contact us by e-mail info [at] shepherdspurse.co.uk within three days of delivery. If you tell us about loss or damage after that, you must supply proof that the goods were lost or damaged, before delivery. You must give us (and the carrier) a fair chance to inspect the damaged goods.
If the order is cancelled (for any reason) you are then to pay for all stock (finished or unfinished ) we may hold (or to which we are committed ) for the order.
We may suspend or cancel the order by written notice if: 1. You fail to pay us any when due (under order or otherwise) 2. You fail to honour your obligations under these terms.
You may not cancel the order unless we agree in writing.
Consumers: you may not cancel the order if any goods are made to your specification or where the price is subject to fluctuations on the financial or bullion markets (By virtue of regulation 13 of the consumer protection (distance selling regulation 2000)
We warrant that the goods: Comply in material respects with their description on our website. And Are free from material defects at the time of delivery as long as you comply with clause (8.4).
The description of goods on our web site is for identification only. The goods may vary slightly from their description, of appearance, technical specification, dimensions, weight and performance.
The warranty in clause 7.1 is additional to your statuary rights
If you believe that we have delivered goods which are defective in material or workmanship you must: Inform us (in writing) with full details as soon as possible; and allow us to investigate the matter.
If the goods are found to be defective in material or workmanship (following our investigation and you have complied with those conditions in clause 8.4) in full, we will (at our option) replace the goods or refund the price.
We are not liable for any other losses or damage (including indirect or consequential loss, financial loss, loss of profits, or loss of use) arising from the contract of the supply of goods or their use, even if we are negligent.
For all liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
We offer a 30-day money back guarantee.
You can e-mail us, at any time within the first seven business days after we deliver the goods ordered by you to tell us you wish to return them. In the same way, you can e-mail us to cancel the order at any time before we have delivered the goods (But we may not be able to stop goods then in transit).
On cancellation for whatever reason you must return the goods to us at your cost. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.