Terms and Conditions
Effective from 15th March 2008.Terms of Access to Website
Terms and Conditions of Purchase of Goods (excluding Competitions)
Terms of Access to Website
Effective from 15th March 2008
1. General
(1) You may enter this website only if you agree to the following terms. Please read them carefully and make sure that you understand them. If you have any doubt as to what any of the terms mean, please call customer services on 0844 848 0888 (max 5ppm) or email bazaar.manager@speedycamel.co.uk for advice. These terms take effect from the moment you enter the site and remain in force until you leave. If you object to any of these terms, you may neither enter this site nor use any of its services.
(2) These terms come into force from the date stated above. We may change them at any time. If we do, the date upon which the new terms take effect will appear above.
(3) These terms are to be read with privacy policy, terms and conditions of sale and returns procedure.
(4) Each of the other suppliers has its own terms and conditions that govern how they do business. Their terms do not affect us nor do these terms apply to your dealings with them. You should refer to their terms and conditions before trading with them.
2. What is meant by "We" and "You"
(1) The pronoun "we" refers to Austonley Developments Ltd. We are a private company incorporated with limited liability in England and Wales in accordance with the Companies Act 1985 under company number 04118450. Our registered office is at Vernon House 40 New North Road, Huddersfield, West Yorkshire HD1 5LS.
(2) That is the address to which you may send all correspondence, including formal documents such as notices and notifications. (Please note parcels WILL NOT be accepted at this address)
(3) "You" refers to anybody who enters our website.
3. Acceptable Use
(1) At all times you will observe the general laws of England and Wales and of the jurisdiction from where you access this website as well as any acceptable use policy that we or our internet service provider may adopt from time to time.
(2) You will do nothing to prevent, restrict or inhibit anyone else's use and enjoyment of this website.
4. Contracts with Other Suppliers
(1) We offer space and license software on this site to other suppliers but do not regulate their dealings with you.
(2) We make no representation, give no warranty and accept no liability for any defect, error or fault in their goods and services.
(3) We shall not be party to any contract that any of them may make with you.
(4) We do not guarantee any party's performance of a contract to which we are not party.
5. Intellectual Property
(1) Nothing in these terms may be interpreted as granting, whether expressly or impliedly, directly or indirectly, any licence or other right under any copyright, trade mark, registered design or other intellectual property belonging to us or to any other party.
(2) You may download material from this website only for personal and non-commercial use.
(3) You may not copy, distribute, communicate or make available to the public anything from this website without our prior written consent.
6. Exclusion of Contracts (Rights of Third Parties) Act 1999
Nothing in these terms creates any right under the Contracts (Rights of Third Parties) Act 1999 and the rights of any third party that might otherwise subsist under that Act are hereby expressly excluded.
7. Force Majeure
Should we be prevented or hindered from performing any agreement by circumstances beyond our reasonable control (including but not limited to terrorism, strikes or other labour dispute) we shall not be liable for any loss or damage that you may sustain from such non-performance and we shall be excused from performing such agreement while those circumstances persist.
8. Severance
Should any of these provisions be void, voidable or unenforceable on grounds of illegality or as contrary to statute, public policy or ordre public, that provision shall be deemed never to have subsisted but all other provisions shall remain in force.
9. Exclusion of Equitable Remedies
Any failure by us at any time to require your performance of any of these terms shall not:
(1) affect our right to require performance at a later time, or
(2) be regarded as a waiver of the provision itself.
10. Notices
(1) All notices or notifications shall be in writing and signed by the party on whose behalf they are served or given.
(2) Such notice or notification may be delivered by post, fax or email to the address, fax number or mailbox supplied by either party to the other
(3) Postal delivery will be deemed to have taken place on the 7th day after the date of posting.
(4) Delivery by fax or email will be deemed to take place upon transmission of an automatic acknowledgement by the remote fax machine or mail server.
11. Jurisdiction
You submit irrevocably to the non-exclusive jurisdiction of the courts of England and Wales.
12. Choice of Law
This agreement will be construed and enforced in accordance with the laws of England and Wales.
TERMS & CONDITIONS OF PURCHASE OF GOODS (EXCLUDING COMPETITIONS)
(1) So that everyone may have an opportunity to "browse, barter and buy" from us, there has to be a set of rules that is the same for all. Accordingly, these are the only terms upon which we sell goods to the public through this website. However, we are not the only supplier of goods or services on this website. Nor are these the only terms. Each of the other suppliers has its own terms and conditions which govern how they do business. Their terms do not affect us nor do these terms apply to them. You should refer to their terms and conditions before trading with them.
(2) Please read these terms and conditions very carefully. It is your responsibility do so.
(3) We have used everyday language so far as possible. If you have any doubt as to what any of these terms mean, please call customer services on 0844 848 0888 (max 5ppm) or email bazaar.manager@speedycamel.co.uk for advice.
(4) These terms are effective from the date stated above. We may change these terms at any time. If we do, the date upon which the new terms take effect will appear above.
(5) These terms are to be read with our terms of access to the website (Those terms will apply to all visitors to the web site whether they offer to buy any goods or services or not), privacy policy and returns procedure (Those terms will apply to all visitors to the web site whether they offer to buy any goods or services or not).
2. GEOGRAPHICAL LIMITATIONS
Just now, we trade only with consumers in the United Kingdom:-
(1) A "consumer" in this context means an individual aged 18 or over who is acting for purposes outside his or her business.
(2) The "United Kingdom" means Great Britain and Northern Ireland including the Northern and Western Isles, the Scilly Isles and the Isle of Wight but does not include the Channel Islands or Isle of Man.
(3) A person is "in the United Kingdom" if he or she holds a payment card issued by a bank, building society or other financial institution carrying on business within the United Kingdom and receives regularly statements for that account at a residential address within the United Kingdom.
(4) Such a person's nationality or domicil is irrelevant.
We plan to offer goods and services through this website to residents and nationals of other countries and territories very soon.
(5) Please contact us via email for areas outside this area and we will look at assisting you.
3. WHAT IS MEANT BY "WE" AND "YOU"
(1) The pronoun "we" refers to Austonley Developments Ltd Trading As speedycamel.co.uk. We are a private company incorporated with limited liability in England and Wales in accordance with the Companies Act 1985 under company number 04118450. Our registered office is at Vernon House, 40 New North Road, Huddersfield, West Yorkshire, HD1 5LS.
(2) That is the address to which you may send all correspondence, including formal documents such as notices and notifications.
(3) "You" refers to anybody who offers to buy our goods.
4. HOW AN AGREEMENT IS REACHED
Agreement is reached through the following procedure:
(1) You and we agree terms: You select an article that you wish to buy. You type in a price that you wish to pay. If we say that we accept your offer, it means that we are willing to sell you the article to you at that price if you can pay for it and we have it in stock but neither you nor we have a binding agreement at that stage.
(2) We check your card: You type in your payment card details and our processing company contacts your card issuer to make sure that payment can be made. If it can, we go to the next stage.
(3) We check our stock: If, but only if, we have exactly the article you have offered to buy and you can pay for it with your payment card and there is no other difficulty, we shall advise you by email that we have accepted your offer to buy the article at the agreed price. Then and only then are you and we bound by contract.
(4) Performance: We shall debit your payment card account with the amount of the agreed price and deliver the article to you.
Any agreement that we reach is subject to cancellation by us or you in any one or more of the circumstances set out below.
5. HOW TO PAY
Payment can be made only by a VISA or MasterCard payment card. A "payment card" may be a credit or a debit card.
6. DELIVERY
(1) We deliver goods only to addresses within the United Kingdom as defined in paragraph 2 (2) above.
(2) Whenever possible we shall contact you in advance to agree a convenient time to deliver the article that you have bought. We shall make very reasonable effort to get it to you at that time but any time that we agree can only be approximate. There will be times of the year when we or are deliverers will be particularly busy. Similarly, our deliverers may be held up by bad weather, congestion, industrial action or some other factor outside our control. Should delivery be delayed for any reason, you will excuse us from the costs or other consequences of the delay.
(3) If for any reason you have to go out when a delivery is due please call customer services at the telephone number in paragraph 3 above and we shall try to arrange another time. If we tell you we cannot change the delivery time, you must arrange for someone aged 18 or over to receive the delivery. If that person is a neighbour, you must tell us who he or she is and give us his or her address and telephone number.
(4) If we are put to any additional expense because you fail to carry out the precautions mentioned in paragraph 6 (3) above, you promise to repay us some or all of those additional expenses.
7. PACKAGING
The article that you agree to buy will be packed by the manufacturer and perhaps also by us or by our deliverer to ensure that it travels safely. These are part of the delivery and you may need to pack the article in them again should you ever need to send them to us for any reason or to anyone else for upgrade or repair. Please open the packaging as carefully as possible and keep it in a safe place as long for at least as long as you have any right to return the article under these terms or the general law.
8. CANCELLATION BY US
We may reject any offer that you make in accordance with paragraph 4 (1) or if we accept it cancel our acceptance in any of the following circumstances:
(1) You are under the age of 18 or otherwise prevented by law from making a binding agreement with us.
(2) You are not a consumer in accordance with paragraph 2 (1).
(3) You are not in the United Kingdom in accordance with paragraph 2 (2).
(4) You do not have a valid payment card or your payment cannot be cleared for any reason.
(5) Our performance of the agreement may be prevented by law for some other reason.
If we have to reject or cancel the agreement we shall tell you as soon as possible by email or telephone and we shall make sure that any moneys to which you may be entitled by law are returned to you as soon as practicable.
9. CANCELLATION BY YOU
(1) You may withdraw any offer you make to us under paragraph 4 (1) or cancel any agreement that you may make with us in any of the following circumstances:
(a) you wish to take advantage of our 14 day "complete satisfaction assured" extension;
(b) you wish to exercise your rights under The Consumer Protection (Distance Selling) Regulations 2000; or
(c) you wish to exercise any other right to reject the goods or cancel the contract that may exist under the law of contract or consumer protection legislation.
(2) If you wish withdraw your offer or cancel your agreement you should call customer services on 0844 848 0888 (max 5ppm) and follow the simple instructions set out in the returns procedure.
(3) If you receive the goods you must give them back to us and take reasonable care of them until we receive them.
10. CONSUMER PROTECTION LAW
(1) As a consumer you have rights under various statutes and other national and European Community legislation. Those rights are unaffected by these terms or any agreement that may be made under them.
(2) Should any of these provisions be void or unenforceable by law, that provision shall be disregarded but all other provisions shall remain in force.
11. APPLICABLE LAW
These terms and any agreement that may be made under them will be construed and enforced in accordance with English law.
12. COMPLAINTS PROCEDURE
(1) We hope you will be delighted with our goods or service, but should your have any complaint of any kind you should contact customer services on the number or email address in paragraph 1 (3) or at the trading address in paragraph 3 (2) as soon as possible.
(2) If we cannot satisfy you within 14 days of your complaint you or we may ask for NIPC Dispute Resolution Services to appoint an independent mediator to help resolve our dispute.
(3) Should such mediator be unable to reconcile us within 14 days of the mediation you or we may ask NIPC Dispute Resolution Services to appoint an arbitrator to resolve the dispute upon documents only arbitration.
(4) You or we can apply to the Courts of England and Wales for an order to assist the resolution of any dispute in accordance with this paragraph including the enforcement of any arbitral award.
(5) For this purpose you agree to submit to the jurisdiction of the courts of England and Wales.
