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OZTENT Ltd Terms and Conditions

TERMS OF SALE

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, https://www.oztent.co.uk ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

"Contract" - means a contract for the purchase and sale of Goods, as explained in Clause 8;
"Delivery Driver" - means the vehicle driver from Our contracted Transport Company instructed to deliver the Goods to you
"Goods" - means the goods sold by Us through Our Site;
"Handling fee" - means an amount charged to you in addition to your Order and delivery charges;
"Order" - means your order for Goods;
"Order Confirmation" - means Our acceptance and confirmation of your Order;
"Order Number" - means the reference number for your Order;
"Transport Company" - means Our appointed Company contracted to make deliveries of Goods at Our instruction;
"Returnable Packaging" - means (but is not limited to) items of packaging to be returned to Us after delivery of the Goods and includes pallets and crates and other items specifically identified by Us to you
"Waiting Time" - means 15 minutes
"We/Us/Our" - Means Oztent, a company registered in England under 9237978, whose registered address is Cheltenham, Gloucestershire GL52 2HQ.

2. INFORMATION ABOUT US

2.1 Our Site, www.oztent.co.uk, is owned and operated by Oztent Ltd, a limited company registered in England under 9237978, whose registered address is OZTENT Ltd, Cheltenham, Gloucestershire, GL54 2HQ, UK

3. ACCESS TO AND USE OF OUR SITE

3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to Our Website Terms of Use https://www.oztent.co.uk/terms-of-use. Please ensure that you have read them carefully and that you understand them.

4. AGE RESTRICTIONS

4.2 The following Goods may only be purchased by consumers above a certain age. We are not permitted by law to supply these Goods to anyone below the applicable age:
4.2.1 Knives and 'multi-tools' may only be purchased by someone aged 18 years or over and will only be delivered to someone aged 18 years or over;
4.2.2 We reserve the right not to accept or cancel any order if We reasonably believe you are not legally entitled to order certain items;
4.2.3 You may be asked to provide evidence of your age which corresponds with the delivery address on your Order before We process your Order;
4.2.4 If requested We will release the details of you order if required by the police or governing authority and We refer you to Our Privacy Policy which can be found at https://www.oztent.co.uk/privacy-policy-cookie-restriction-mode

5. INTERNATIONAL CUSTOMERS

Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.

6. GOODS, PRICING AND AVAILABILITY

6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary
6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
6.3 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site.
6.4 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the goods, suitable information will be provided to you.
6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).
6.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
6.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.8 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.9 Delivery charges and Handling fee are not included in the price of Goods displayed on Our Site. For more information on delivery charges and Handling fee, please refer to www.oztent.co.uk/orders-and-returns. Delivery options and related charges will be presented to you as part of the order process.

7. ORDERS

7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;
7.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, handling and other additional charges;
7.4.4 Estimated delivery date(s);
7.5 We will also include a paper copy of the Invoice showing Goods, prices and tax with your Goods.
7.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.

8. PAYMENT

8.1 Payment for Goods, Handling fee and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
8.2 We accept the following methods of payment on Our Site:
8.2.1 Credit card
8.2.2 Debit card;

Shipping And Handling

9. DELIVERY, RISK AND OWNERSHIP

9.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 15). We will not be responsible for delays in delivery or non-delivery should the delivery address be inaccessible or unsuitable for delivery of the Goods and the provisions of Clause 9.9 and its sub-clauses will apply.
9.2 For Goods which are large, heavy or bulky items which must be delivered on pallets, crates or specialist equipment, and for outside UK mainland deliveries, We will provide quotations to you for the cost of the delivery of such items before accepting the order and dispatch. Please note overnight services may not be available for these Goods.
9.3 For Goods which are large or bulky, the delivery driver may require assistance to unload the Goods to satisfy Health and Safety Regulations and to eliminate the risk of damage to the Goods. We will advise you at the time of ordering if such assistance is required. If such assistance is not available at the point of delivery, We may issue an instruction that the Goods cannot be delivered.
9.4 We will notify you at the time of the order if you are required to unload the Goods with a forklift or by other mechanical means, and you will undertake to do so in a safe and workmanlike manner in accordance with the Delivery Driver's instructions.
9.5 We will not be liable for any loss, injury or damage to property of the Transport Company, the Goods or your machinery or operators where the damage has been caused by a lack of reasonable care during the unloading of the Goods.
9.6 Returnable Packaging will be invoiced to you and refunded after their return to the address specified by Us or by the transport company. The costs and responsibilities associated and incurred in returning the Returnable Packaging is your responsibility. We will credit you within 40 days of receipt of a Returnable Packaging return notice from the transport company. We will advise you of these costs before accepting your order.
9.7 You will inspect the Goods immediately upon delivery. By signing the delivery note, you shall be deemed to have satisfied yourself that the Goods are correct, complete and free from damage. You may request the delivery driver to wait a Waiting Time whilst you inspect the Goods for obvious signs of damage. For larger Goods We will allow a longer inspection than the Waiting Time but not longer than fifteen minutes.
9.8 If you regard the Goods as damaged or any Goods are missing as a result of the transport company's neglect or poor handling, do not accept the Goods. You should request the delivery driver to return the Goods (at no cost to you) then contact Us as soon as possible to report the damage and explain why you have rejected the Goods. If you fail to do so, We reserve the right to charge to repair, replace, collect or deliver damaged Goods. This does not affect your statutory rights.
9.9 Subject to clause 9.3, if We are unable to deliver the Goods on the delivery date, the following will apply:
9.9.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will attempt to leave a delivery note or contact you directly ourselves explaining how to rearrange delivery. Please note that we will exercise our discretion (as will the Delivery Driver) as to whether it is safe and appropriate to leave your Goods in your nominated safe place. We reserve the right to decline to deliver your Goods if we or the Delivery Driver deem it to be unsafe;
9.9.2 If you do not rearrange delivery within 5 working days, We will contact you to ask you how you wish to proceed. Depending on the circumstances We may:
9.9.2.1 arrange re-delivery at reasonable cost to you;
9.9.2.2 store the Goods until a new delivery date can be arranged and re-deliver at reasonable cost to you;
9.9.2.3 claim reasonable costs if the Goods are returned to Us;
9.9.2.4 claim reasonable costs if the Goods are damaged or components missing when returned to Us;
9.9.2.5 We will not be held liable for loss, damage or expense for any handling, storage or re-delivery from the transport company.
9.9.3 If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the Handling fee or the cost of delivery. We will invoice you for any reasonable additional cost that We incur in recovering the Goods.
9.10 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 9.1), and if any of the following apply you may treat the Contract as being at an end immediately:
9.10.1 We have refused to deliver your Goods; or
9.10.2 In light of all relevant circumstances, delivery within that time period was essential; or
9.10.3 You told Us when ordering the Goods that delivery within that time period was essential.
9.11 If you do not wish to cancel under sub-Clause 9.10 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
9.12 If you refuse to accept delivery of the Goods (except under the circumstances in clause 9.8) We retain the right to cancel the Order and refund the purchase price of the Goods less the costs incurred by Us in your failure to accept delivery and fulfil the contract.
9.13 You may cancel all or part of your Order under sub-Clauses 9.10 or 9.11 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 21 days but not the Handling fee. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
9.14 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
9.15 Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
9.16 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
9.17 Missing goods or shortages must be reported to Us in writing within 7 days of delivery with reference to the order number, invoice or invoice number with a list of the items you believe are missing.

10. FAULTY, DAMAGED OR INCORRECT GOODS - BUSINESS CUSTOMERS

10.1 The Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
10.2 Within 6 months of delivery of any goods, if any Goods you have purchased do not comply, subject to sub-Clause 10.3 and your compliance with sub-Clauses 10.2.1 to 10.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
10.2.1 You must give Us written notice of the non-compliance within seven days of discovering it;
10.2.2 You must return the Goods in question to Us at Your expense (see sub-Clause 10.6 for more information concerning the cost of return and reimbursement); and
10.2.3 You must give Us a reasonable opportunity to examine the Goods in question.
10.3 We will not be liable for any non-compliance with the provisions of sub-Clause 10.1 of any Goods if any of the following apply:
10.3.1 It is more than 6 months since the delivery of the goods and you have not notified us in accordance with clause 10.2.1
10.3.2 You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 10.2.1;
10.3.3 The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
10.3.4 The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
10.3.5 You have made any unauthorised alterations or repairs to the affected Goods; or
10.3.6 The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
10.3.7 The Goods differ from their description of specification as a result of changes made to ensure they comply with application statutory or regulatory requirements.

10.4 The terms of this Clause 10 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 10.2.
10.5 Except as provided in this Clause 10, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 10.1.
10.6 To return Goods to Us for any reason under this Clause 10, please contact Us at sales@oztent.co.uk to arrange for a collection and return. You will be responsible for the costs of returning Goods under this Clause 10 and We will reimburse you where appropriate. We will not be responsible for the return costs if the Goods upon return are not found to be faulty, damaged or incorrect.
10.7 Refunds (whether full or partial) under this Clause 10 will be issued within 21 days of the day on which We agree that you are entitled to the refund.
10.8 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
10.9 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
10.10 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11. FAULTY, DAMAGED OR INCORRECT GOODS - FOR CONSUMERS

11.1 If you are a Consumer, by law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at sales@oztent.co.uk as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
11.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
11.1.3 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
11.1.4 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14-calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.3 To return Goods to Us for any reason under this Clause 11, please contact Us at sales@oztent.co.uk to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
11.7 For further information on your rights as a consumer, please contact your local Citizens' Advice Bureau or Trading Standards Office.

12. CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND

12.1 If you are a consumer in the European Union, and have purchased at distance or off the premises product, i.e by telephone or an internet order, you have a legal right to a "cooling-off" period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
12.1.2 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 Telephone: 01451 820161
12.2.2 Email: sales@oztent.co.uk
12.2.3 Post: Oztent Limited, Cheltenham, Gloucestershire GL54 2HQ
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.3 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.3.1 If the Goods are sealed for health or hygiene reasons (such as bedding, mattresses etc) and you have unsealed those Goods after receiving them;
12.3.2 If the Goods are likely to deteriorate quickly, for example flowers or food;
12.3.3 If the Goods have been personalised or custom-made for you.
12.4 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.5 For larger items which the postal service will not handle, You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. You will be responsible for the cost of the return. If the Goods are not available for collection at the agreed time and location, you will be responsible for any charges We incur with the Transport Company and you will be responsible for any further costs of the return.
12.6 You may return Goods to Us in person during Our business hours of 10:00am - 3:30pm or you may return them by post or another suitable delivery service of your choice to Our returns address at Oztent Limited, Cheltenham, Gloucestershire, GL54 2HQ. Please contact Us at sales@oztent.co.uk to arrange for a collection and return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. If you require more details about return costs, please contact us at sales@oztent.co.uk.
12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.7.1 The day on which We receive the Goods back; or
12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.7.3 If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or
12.7.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.8.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
12.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
12.10 You have no right to cancel any contract under this clause after the "cooling off" period save where cancellation is permitted elsewhere in these Terms

13. OUR LIABILITY - BUSINESS CUSTOMERS

13.1 Subject to sub-Clause 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
13.2 Subject to sub-Clause 13.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total sums paid by you for the Goods under the contract in question.
13.3 Except to the extent expressly set out in sub-Clause 10.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

14. OUR LIABILITY TO CONSUMERS

14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
14.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.

15. EVENTS OUTSIDE OF OUR CONTROL 9FORCE MAJEURE)

15.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
15.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
15.2.1 We will inform you as soon as is reasonably possible;
15.2.2 We will take all reasonable steps to minimise the delay;
15.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
15.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
15.2.5 If the event outside of Our control continues for more than 90 days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 21 days of the date on which the Contract is cancelled;
15.2.6 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience Please contact Us directly to cancel, please use the following details:
Telephone: 01451 820161
Email: sales@oztent.co.uk
Post: Oztent Limited, Cheltenham, Gloucestershire GL54 2HQ
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 21 days of the date on which the Contract is cancelled.

Reaching Us

16. COMMUNICATION AND CONTACT DETAILS

16.1 If you wish to contact Us with general questions or complaints or cancellations, you may contact Us by telephone at 01451 820161, or by email at sales@oztent.co.uk, or by post at Oztent Limited, Cheltenham, Gloucestershire GL54 2HQ.

17. COMPLAINTS AND FEEDBACK

17.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
17.2 If you wish to complain about any aspect of your dealings with Us, please contact Us by email at sales@oztent.co.uk.

18. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)

18.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.oztent.co.uk/privacy-policy-cookie-restriction-mode and Cookie Policy https://www.oztent.co.uk/cookies

19. OTHER IMPORTANT TERMS

19.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
19.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
19.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
19.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
19.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 21 days of your cancellation.

20. LAW AND JURISDICTION

20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
20.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Privacy Policy


This privacy policy sets out how Oztent Ltd uses and protects any information that you give Oztent ltd when you use this website. Oztent Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Oztent Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

BACKGROUND:

Oztent Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.oztent.co.uk ("Our Site") and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. You will ask to confirm you have read and understood this policy when you are providing us with any Personal Data via our Site. If you do not accept and agree with this Privacy Policy, you will not be able to use Our Site.

1. DEFINITIONS AND INTERPRETATION
In this Policy the following terms shall have the following meanings:
"Account" - means an account required to access and/or use certain areas and features of Our Site;
"Cookie" - means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in our Cookies Policy which can be found at www.oztent.co.uk/cookies; and
"Cookie Law" - means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

2. INFORMATION ABOUT US
Our Site, www.oztent.co.uk, is owned and operated by Oztent Ltd, a limited company registered in England under 9237978, whose registered address is OZTENT Ltd, Cheltenham, Gloucestershire, GL54 2HQ, UK.
Email address: sales@oztent.co.uk

3. WHAT DOES THIS POLICY COVER?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

4. WHAT IS PERSONAL DATA?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the "GDPR") and the Data Protection Act 2018 (collectively, "the Data Protection Legislation") as 'any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier'.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5. WHAT ARE MY RIGHTS?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
- The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 14.
- The right to access the personal data we hold about you. Part 13 will tell you how to do this.
- The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
- The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 14 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to us using your personal data for a particular purpose or purposes.
- The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
- The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
- Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 14.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from the Information Commissioner's Office.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner's Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 14.

6. WHAT DATA DO YOU COLLECT AND HOW?
Depending upon your use of Our Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see our Cookies Policy for more information about our use of Cookies and similar technologies and our Cookie Policy www.oztent.co.uk/cookies. We do not collect any 'special category' or 'sensitive' personal data AND/OR personal data relating to children AND/OR data relating to criminal convictions and/or offences.

Data Collected & How We Collect the Data
Identity Information including title, name, date of birth - By visiting the website
Contact information including address, email address, telephone number - By visiting the website
Business information including business name, address and email address - By visiting the website

7. HOW DO YOU USE MY PERSONAL DATA?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:

What We Do &What Data We Use & Our Lawful Basis
Registering you on Our Site - Name, address, contact information - Contractual and legitimate interests in providing you with access to the website and the purchase of products online.
Providing and managing your Account - Name, address, contact information - Contractual and legitimate interests in providing you with access to the website and the purchase of products online.
Providing and managing your access to Our Site. - Name, address, contact information - Contractual and legitimate interests in managing access to our site for the purchase of products online
Administering our business - Name, address, contact information - Contractual, in compliance with legal and regulatory obligations and legitimate interests
Supplying our products to you - Name, address, contact information. - Contractual
Managing payments for our products - Name, address, financial information. - Contractual and in compliance with legal and regulatory obligations.
Communicating with you - Contact information - Contractual in providing and supplying our products to you & legitimate interests in providing information in relation to our business and our products
Supplying you with information by email that you have opted-in-to - you may opt-out at any time by clicking the unsubscribe link - Contact information - Consent and/or legitimate interests

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news, and offers on our products. You will not be sent any unlawful marketing or spam.
We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 14.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

8. HOW LONG WILL YOU KEEP MY PERSONAL DATA?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

Type of Data & How Long We Keep It
Identity Information including name, title, date of birth - 6 years to comply with our legal and regulatory obligations
Contact information As above - 6 years to comply with our legal and regulatory obligations
Business information - 6 years to comply with our legal and regulatory obligations

9. HOW AND WHERE DO YOU STORE OR TRANSFER MY PERSONAL DATA?
We may store or transfer some or all of your personal data in countries that are not part of the [European Economic Area (the "EEA" consists of all EU member states, plus Norway, Iceland, and Liechtenstein)]. These are known as "third countries" and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation.
We will only transfer your personal data to third countries whose levels of data protection are deemed 'adequate' by the European Commission. More information is available from the European Commission.
Where we transfer your data to a third party based in the US, the data may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.
Please contact us using the details below in Part 14 for further information about the particular data protection mechanism[s] used by us when transferring your personal data to a third country.
The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:
- limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
- procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner's Office where we are legally required to do so;

10. DO YOU SHARE MY PERSONAL DATA?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
We may sometimes contract with the following third parties to supply certain services and those third parties may have access to certain personal data to comply with their obligations to us.
Recipient & Activity Carried Out & Sector & Location
IT company - Maintenance and support of our IT systems including software & hardware and may have access to personal data only for this purpose - IT - UK

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party's obligations under the law, as described above in Part 9.
If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

11. HOW CAN I CONTROL MY PERSONAL DATA?
11.1 In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and/or at the point of providing your details and by managing your Account).
11.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service ("the TPS"), the Corporate Telephone Preference Service ("the CTPS"), and the Mailing Preference Service ("the MPS"). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

12. CAN I WITHHOLD INFORMATION?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
You may restrict our use of Cookies. For more information, see our Cookie Policy at https://www.oztent.co.uk/cookies

13. HOW CAN I ACCESS MY PERSONAL DATA?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a "subject access request".
All subject access requests should be made in writing and sent to the email address shown in Part 14.
There is not normally any charge for a subject access request. If your request is 'manifestly unfounded or excessive' (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

14. HOW DO I CONTACT YOU?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Email address: sales@oztent.co.uk

15. CHANGES TO THIS PRIVACY POLICY
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

This Privacy Policy was last updated on 9th September 2019.

Returns Policy


PLEASE SEE OUR FULL TERMS AND CONDITIONS FOR FULL DETAILS.

12. CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND

12.1 If you are a consumer in the European Union, and have purchased at distance or off the premises product, i.e by telephone or an internet order, you have a legal right to a "cooling-off" period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
12.1.2 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 Telephone: 01451 820161
12.2.2 Email: sales@oztent.co.uk
12.2.3 Post: Oztent Limited, Cheltenham, Gloucestershire GL54 2HQ
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.3 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.3.1 If the Goods are sealed for health or hygiene reasons (such as bedding, mattresses etc) and you have unsealed those Goods after receiving them;
12.3.2 If the Goods are likely to deteriorate quickly, for example flowers or food;
12.3.3 If the Goods have been personalised or custom-made for you.
12.4 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.5 For larger items which the postal service will not handle, You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. You will be responsible for the cost of the return. If the Goods are not available for collection at the agreed time and location, you will be responsible for any charges We incur with the Transport Company and you will be responsible for any further costs of the return.
12.6 You may return Goods to Us in person during Our business hours of 10:00am - 3:30pm or you may return them by post or another suitable delivery service of your choice to Our returns address at Oztent Limited, Cheltenham, Gloucestershire, GL54 2HQ. Please contact Us at sales@oztent.co.uk to arrange for a collection and return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. If you require more details about return costs, please contact us at sales@oztent.co.uk.
12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.7.1 The day on which We receive the Goods back; or
12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.7.3 If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or
12.7.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.8.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
12.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
12.10 You have no right to cancel any contract under this clause after the "cooling off" period save where cancellation is permitted elsewhere in these Terms


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