Terms & Conditions
(Updated 20th April 2012)
Introduction
This website found under the www.fishingforgear.net URL, is operated by Fishing for Gear/ Osprey Ltd (referred to as Fishing for Gear, Osprey Ltd, we, us and our). As user of this website (referred to as you and your) you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below.
Please:
• Read through these terms and conditions carefully before placing an order.
• Contact us before placing an order if you are unhappy with any aspect of these terms and conditions either by phone on or by post to the address given below.
• Print a copy for future reference.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
2. Order Process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 Our website operates as an ‘invitation to treat’. By placing an order via this website you are making an offer to Fishing for Gear/ Osprey Ltd to purchase the goods detailed in your order upon the terms described in your order. The ‘checkout’ stage sets out the final details of your order. Following this we will send you an order acknowledgement email detailing the goods you have ordered. Please note that this email is not an order confirmation or order acceptance from Fishing for Gear/ Osprey Ltd.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the goods ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to clause 6. Your Right to Cancel).
2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.
3. Delivery
3.1 we use a recognised carrier to all mainland UK destinations. The charge for the deliver will be added to the value of the goods at the end of the transaction.
3.2 We make every effort to deliver the goods within the estimated timescales however delays are occasionally inevitable due to unforeseen factors. Fishing for Gear/ Osprey Ltd shall be under no liability for any delay or failure to deliver the goods within the estimated timescales.
3.3 Stock permitting we aim to despatch orders within 24hours of issuing an order acknowledgment.
3.4 Risk of loss and damage of goods passes to you on the date when the goods are delivered or on the date of the first attempted delivery by us.
4. Payment and Taxes
4.1 We accept online payment in a secure environment by credit \ debit card via PayPal (please see Security for further details). We currently accept Visa, MasterCard, Delta and Switch. All transactions are shown in pounds sterling (£).
4.2 We take payment from your card at the time we receive your order once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
We try to ensure that all prices on our website are accurate but errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods you will receive a full refund.
4.4 Title to any goods you order on this website shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.
4.5 All prices are shown in pounds sterling (£) and include UK sales tax (VAT) at the current rate (but exclude delivery charges, unless expressly stated otherwise). This website only covers mainland UK sales.
5. Credit Card Security & Privacy Policy
5.1 Once you have confirmed the details on the “checkout” page you will be directed to a secure payment page. This area is protected by 128 bit Secure Socket Layer (SSL) technology to provide encryption of personal information such as your name address and credit card details.
5.2 We do not store your card details.
5.3 We collect only the basic personal details required to process your order. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Your Right to Cancel
6.1 In accordance with The Consumer Protection (Distance Selling) Regulations 2000 you are entitled to cancel your order at anytime within a period of 7 working days from the day after the day on which you receive the goods.
6.2 If you do cancel the contract within the specified time you must return the goods to us unused and in perfect condition. If you prefer we will arrange collection but the cost of this will be charged to you and may be deducted from any refund to you.
6.3 In the event that you cancel the contract any payments made by you will be refunded in full (subject to 6.2) within 30 days.
7. Faulty Goods
7.1 If you receive faulty goods please contact us. We will arrange for collection of the faulty goods and their replacement. If you prefer we will refund you in full.
8. Conformity of Goods
8.1 We take every care to ensure that the description and specification of our goods are correct at the time of going to press. However specifications and descriptions of goods on this website are not intended to be binding and are intended only to give a general description of the goods.
9. Disclaimer and Limitation of Liability
9.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
9.2 Subject to clause 9.1 above we will use reasonable endeavours to verify the accuracy of any information on the site. However we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free that defects will be corrected or that the site or the server that makes it available are free of viruses or bugs. Fishing for Gear/ Osprey Ltd will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Fishing for Gear/ Osprey Ltd accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
9.3 Subject to clause 9.1 above other than as expressly provided in these terms and conditions with respect to specific goods and except for the exclusive remedies set out at Clause 6 above any indemnities warranties terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
9.4 Subject to clause 9.1 above Fishing for Gear/ Osprey Ltd will not be liable in contract tort (including, without limitation negligence) pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
• economic losses (including without limitation loss of revenues data profits contracts business or anticipated savings) or
• loss of goodwill or reputation; or
• special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. The entire liability of Fishing for Gear/ Osprey Ltd under or in connection with any contract for any goods to which these conditions apply shall not exceed the price of the goods except as expressly provided in these conditions.
9.5 Notwithstanding the above subject to Clause 9.1 Fishing for Gear/ Osprey Ltd aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the goods in respect of one incident or series of incidents attributable to the same clause.
9.6 This clause 9 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.
9.7 We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9.8 Fishing for Gear/ Osprey Ltd shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
10. Copyright and Trademark
The contents of these pages (including pictures designs logos photographs text written and other materials) are the copyright trademark or registered trademark of Fishing for Gear/ Osprey Ltd or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying modification distribution reproduction or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may: Copy print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with Fishing for Gear/ Osprey Ltd and Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
11. Miscellaneous Provisions
11.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
11.2 No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
11.3 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for goods to any third party unless agreed upon in writing by Fishing for Gear/ Osprey Ltd.
11.4 Fishing for Gear/ Osprey Ltd reserves the right to transfer assign novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
11.5 No delay or failure by Fishing for Gear/ Osprey Ltd to exercise any powers rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Fishing for Gear/ Osprey Ltd.
11.6 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Fishing for Gear/ Osprey Ltd relating to the use of this website (including the order of goods) and sets forth the entire agreement and understanding between you and Fishing for Gear/ Osprey Ltd for your use of this website.
Our Details
Fishing for Gear
Osprey Limited
Unit 6, Mynd Industrial Estate, Church Stretton, Shropshire, SY6 6EA
Phone +44 (0)1694 723478
Fax +44 (0)1694 724096
stretton@osprey-plastics.co.uk
Company Registered Office and Contact Address
PO Box 5, Dunslow Road, Scarborough, North Yorkshire, YO11 3GS
Phone +44(0)1723 585333
Fax +44(0)1723 585226
Company Registration Number – 628763 (Registered in England)
EORI Registration Number – GB167120187 – 000