OZTENT Ltd Terms and Conditions
You should read these terms and conditions carefully before buying from us, and if necessary, we recommend you keep a hard copy for future reference.
Terms and Conditions for Use of this Web Site
The term "OZTENT", "OZTENT Ltd", "Us" or "We" refers to the owner of the website whose registered office is; OZTENT Ltd, Cheltenham, GL54 2HQ. Our company registration number is; 9237978 and is registered in the UK. The term "You" refers to the User or Viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, text and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
These Terms & Conditions do not affect your statutory rights
If you do not agree with our terms and conditions, we recommend not entering into a contract with us or contacting us to discuss your personal contract requirements.
Minimum age or other statutory requirements may be included in a contract, if so the company reserves the right to see written evidence of eligibility.
All Contracts between the Company and the Purchaser shall contain the Terms & Conditions set out below. They may be updated periodically without notification, and will take effect immediately upon being published.
All Orders accepted whether or not based upon or resulting from quotations or published prices by the Company shall incorporate these Terms & Conditions. Any variation to these terms and conditions will be agreed by both parties before being effective.
1.00 ABOUT US
1.01 Contact details:
OZTENT Ltd, Cheltenham, Gloucestershire, GL54 2HQ, UK.
Telephone: +441 451 820 161
1.02 "The Company" - OZTENT Ltd (Registered in England, 9237978)
"The Purchaser" - The person who accepts the quotation or places the order to enter in a contract or agreement with the Company
"The Conditions" - Standard Terms & Conditions set out in this document and/or special conditions agreed between the Purchaser & the Company.
"The Contract or Agreement" - The conditions of Purchase and Sale of Goods
"Goods" - The Goods, Items or Products contained within the Contract or Agreement
"Writing" - With reference to any of the above can include Written Letter, Facsimile or E-Mail
The Headings above are for ease of reference only and shall not affect their lawful interpretation
2.00 ORDERS, QUOTATIONS & PRICING
2.01 Quotations are for information only and do not constitute an offer by the company.
2.02 No order placed in response to a quotation shall be binding unless accepted by the company.
2.03 The price of the goods is the company's quoted or published price at the date of order acceptance.
2.04 The company reserves the right to increase the quoted or published price at any time prior to accepting the order to reflect any reasonable increase in cost to the company beyond its control.
Such reasonable costs include;
a. cost of materials, labour, delivery or other factors associated with the manufacture or production of goods, and may also include costs such as taxes, duties, currency fluctuations, and government or statutory regulations & requirements.
b. Delays, alterations or requirements made by the purchaser to the goods, order or delivery requirements.
2.05 We reserve the right to alter at any time the description, quality, quantities, delivery or specifications of goods prior to accepting an order.
2.06 For quotations retail prices are;
a. Inclusive of current UK Duties & Taxes.
b. Packaging & Delivery charges are as accurate as is practicably possible, however the final cost in the contract may depend on the agreed order size, weight, postal address and type of delivery service agreed.
2.07 The purchaser is responsible for the accuracy of the submitted terms of the order (specification, sizes, quantities, delivery and so on) the company reserves the right to cancel or increase the prices accordingly to accommodate any changes or alterations after the order has been accepted. This will constitute a new contract which you will be given the option of cancelling if these changes are unacceptable.
2.08 Once the company has accepted your order the terms and conditions (including prices) contained herein will come into force, however, we reserve the right to alter the prices, description, quality, quantities, specifications or delivery of goods after accepting an order to conform to statutory or mandatory health, safety, taxation or other legal requirements placed upon the company, goods or other factors affecting the contract. You will be given the option of cancelling your order if these changes are unacceptable.
3.00 HOW TO PLACE AN ORDER
3.01 You can place an order with OZTENT Ltd directly through the On Line Web Shop.
3.02 By placing an order you are entering a legal contract offering to buy goods from us.
We will let you know that we have received your order but this does not mean that your order has been accepted. There is no contract between us until we have accepted your order.
3.03 When we have accepted your order, we will confirm this by E-Mail via the On Line Web Shop.
Your Confirmation E-Mail will contain important information, please read and save for future reference.
3.04 If we cannot supply you with the goods you have ordered, we reserve the right to supply you with substitute goods of similar quality and function. If we supply you with substitute goods, you do not have to keep them and can return them at our cost if they are not acceptable.
3.05 Legal Age Requirement for Certain Goods
When placing an order for items with a legal minimum age restriction, such as knives or 'multi tools', you are confirming that you are 18 or over.
You are also confirming the delivery of these items will be accepted by a person also aged 18 or over.
We reserve the right not to accept or to cancel any orders if we reasonably believe you are not legally entitled to order certain items within our web shop.
If required by police or other governing authorities we will release details of your order if they believe you are not legally entitled to the items either ordered or received.
4.01 The Company does not accept nor offer any deposit options.
Shipping And Handling
5.00 DELIVERY (& COLLECTION)
5.01 If delivery forms part of the contract, it will only be to the address agreed in that contract. Changes to that address will be subject to the conditions at 2.07.
5.02 Please ensure that the delivery address has "reasonable and open access" to accommodate the type of vehicle expected to deliver the goods. If in doubt please contact us for further details.
5.03 For small items, A3 Padded Mail Bag size and smaller, we will use Royal Mail Second Class Post, unless requested otherwise in the contract. Services other than Royal Mail Second Class will be charged to the customer accordingly.
For all other items we use the services, called "Standard Overnight Deliveries" of freight & courier companies. Mainland UK freight//courier deliveries are generally 24hr/overnight services, and will be delivered sometime during 8am and 6pm the next day following dispatch of goods, unless requested otherwise. Services other than Standard Overnight will be agreed in the contract and charged to the customer accordingly.
Postal Codes; Please be aware that some postal codes (such as West Wales or Highlands & Islands) may not have the full range of courier or transport services available. We will endeavour to supply full details of services available on request with an "expected delivery date"
5.04 We dispatch goods with freight or courier companies on Monday, Tuesday, Wednesday & Thursday only, for overnight delivery on Tuesday, Wednesday, Thursday & Friday.
We do not dispatch goods on Fridays, this eliminates the chances of loss or damage from delivery companies (who may store packages over the weekend for delivery on Mondays) unless specifically requested to do otherwise in the contract.
5.05 The company reserve the right to deliver up to twenty eight days from the date of accepting the order to allow for out of stock items to be re-stocked for dispatch, public and/or company closures and holidays, closures due to other works including bad weather conditions such as snow and flood or other road closures.
The company will endeavour to advise the purchaser of any days where the delivery could be delayed, such as public, company or delivery company holidays. The company shall not be held responsible for late or untimely deliveries due to such delays or not knowing of such potential delays from third party companies. Where delivery may be delayed due to circumstances beyond our control we will contact you to arrange an alternative delivery time where possible.
5.06 For Stocked Items on Standard Overnight Deliveries, the company will endeavour to dispatch all orders received prior to 10:30am on the day of acceptance of the contract, otherwise the goods will be dispatched on the next available delivery service.
5.07 For large, heavy or bulky items which can only be moved on pallets, crates or specialist equipment, and for outside UK Mainland deliveries, various price quotations and options will be offered to the customer before accepting the order and dispatch. No overnight service is offered for these goods.
5.08 Some large or bulky items may require the delivery driver having assistance in unloading the package to satisfy their Health & Safety Regulations. We will advise at the time of agreeing the contract with the purchaser if this is the case.
5.09 All large or bulky items we dispatch (not on pallet or crate) may require assistance to be available for the delivery drivers to satisfy their Health and Safety Policy, and to eliminate the risk of damage to the goods. If no help is available the drivers may be under instruction not to leave the goods.
5.10 Where the contract includes the purchaser unloading the goods on pallets, crates or similar, using fork lift trucks or other mechanical devices, they will undertake to do so in a safe and workmanlike manner in accordance with the drivers' instructions.
5.11 The company will not be liable for any loss, injury or damage to property of the transport company, the goods, purchaser's machinery or operators where the damage is a result of lack of reasonable care during unloading of goods.
5.12 Returnable Packaging, (palettes, crates, etc) will be invoiced to the purchaser and refunded after their return to the address specified by the company or the delivery company. The costs and responsibilities associated and incurred returning packaging is the responsibility of the purchaser. The company will credit the purchaser within 40 days of receipt of packaging return notice from the freight company. We will advise you of these costs before accepting your order.
5.13 The company uses outside contractors (Postal Services, Couriers, Freight & Shipping) for delivery of goods and whilst the company will endeavour to adhere to its delivery commitments, it reserves the right not be held responsible for or accepts no liability for delays, loss, injury, damage or expenses due to circumstances that are beyond the company's control. Such delays shall not entitle the purchaser to cancel or refuse to accept delivery of the goods. You may be able to cancel the contract if the delay is excessive. Please inform us as soon as is practicably possible if your delivery fails to arrive on the due date.
5.14 If the company fails to deliver the goods within the contracted time, for any reason other than outside the company's control (at 5.13), the company's liability to the purchaser shall be limited to the reasonable excess (if any) of the cost to the purchaser.
5.15 The purchaser shall inspect the goods immediately upon delivery. By signing the delivery notice the purchaser shall have deemed to have satisfied himself that the goods are correct, complete, and free from damage.
5.16 You have the right to ask the delivery company (courier) to wait a "reasonable time" whilst you inspect the goods for obvious signs of damage. Courier companies suggest a reasonable time is "a few minutes" -larger packages will incur a slightly longer inspection/waiting time.
5.17 On your package you will see a sticker - "IMPORTANT DELIVERY NOTICE". The instructions on this notice form part of our Sales Terms and Conditions.
The recipient of the package is expected to read this notice and sign for the goods in the correct and appropriate manner specified. The package recipient should inspect the delivery and report any goods found to be damaged, faulty or missing as soon as possible.
5.18 If goods are damaged or missing as a result of the courier/freight companies' neglect or poor handling, please Do Not Accept the Goods. Ask the courier to return the goods to us (at no cost to you) then contact us as soon as possible to report the damage and why you've rejected the package/s.
Please note; if the goods are signed for improperly (as "in good condition") and later found upon examination to be damaged by delivery companies, it will not be possible for us to make a compensation claim against the courier/freight company, and we reserve the right to charge accordingly to repair or replace and collect or deliver courier damaged goods.
Note; This does not affect your statutory rights in respect of the company supplying damaged, faulty or incorrectly described goods.
5.19 If the purchaser fails to accept delivery of the goods (except under circumstances at 5.18) or the delivery cannot be made due to inadequate delivery instructions provided by the purchaser, at the time or date agreed, the company will contact you to establish why the delivery has not been made. Depending on the circumstances the company may:
a. instruct the delivery company to make a re delivery at reasonable cost to the purchaser.
b. store the goods until such time that a new delivery time/date can be arranged then re deliver at reasonable cost to the purchaser.
c. claim reasonable costs if the goods are returned to the company.
d. claim reasonable costs if the goods are damaged or components are missing when returned to the company.
e. not be held liable for loss, damage or expense from any handling, storage or re-delivery by the delivery companies in question.
5.20 If the purchaser refuses to accept collection or delivery of the goods, (except under circumstances at 5.18) the company retains the right to cancel the contract and refund monies to the purchaser less reasonable costs incurred for the failure of the purchaser to fulfil the contract.
5.21 Damage or loss of goods or expense passes to the purchaser immediately upon the goods being legally accepted by the purchaser upon signing.
6.10 Payment for goods shall be made in the currency agreed in the contract, and receipted accordingly.
The payment method is part of the contract
Acceptable Payment methods include; Bank Cards (credit or debit)
6.20 Taxes (& Duties), where appropriate, will be shown included on the invoice/receipt at the approved current rate.
6.30 Title of the goods shall not transfer to the purchaser until complete payment (including duties & taxes) has been received by the company.
6.40 If the payment is withheld or withdrawn the purchaser shall be deemed to have breached the contract. The title of the goods remains with the company and the company reserves the right to reclaim reasonable costs (including duties & taxes) associated with breaching the contract.
6.50 If you are using our Web Shop;
a. Credit Card Security - The company is completely PCI DSS compliant, as required by law. Your Credit Card details will not be seen or used in our store, the payment is taken via Actinic Payments, powered by Credit Call, which is Full PCI DSS Level1 Compliant.
b. We accept credit card payments.
7.00 RECOVERY OF GOODS
7.10 The Company retains the right to lawfully reclaim contracted goods where the contract is subsequently breached and reclaim such costs from the purchaser.
8.00 ORDER CANCELLATION - Retail Sales, Including DSR.
Under Consumer Protection - Distance Selling Regulations (DSR); you have an unconditional right to cancel your order within seven (7) working days from the date of delivery.
PLEASE NOTE: You must take care of the goods during the cancellation period.
8.20 To cancel your order under the DSR;
a. Write informing us you wish to cancel the order. Include enough information for us to easily identify both you and your order.
b. If you have opened the package, please re-package all the goods securely to minimize damage during return delivery. Include a copy of your notification of cancellation or order confirmation so we can trace your order.
c. Return the items to us via an appropriate method. PLEASE NOTE; returning goods under the "cooling-off" period allowed by the Distance Selling Regulations is at your cost unless you have been supplied alternative goods that you have not found acceptable.
8.30 Once you have notified us of your intention to cancel the contract we will refund you the cost of your order within 30 days.
9.00 OUR RETURNS POLICY.
This section does not affect your statutory rights relating to faulty or incorrectly described goods or your right to cancel orders under the DSR. If you would like more information on these rights, they are available from Trading Standards Departments or Citizens Advice Bureau.
9.10 Under the DSR's you have the right to carry out a reasonable examination of the goods to ascertain whether they are satisfactory and functioning correctly. Please Note, if it can be proven you have seen, inspected, had demonstrated or tested the goods (or display / demonstration models) prior to purchase, your rights under the DSR may be affected if returning goods as "unwanted"
9.20 Loss or damage to returned goods caused by negligence or mishandling by the purchaser or delivery company, is the responsibility of the purchaser and the company reserves the right to make claim for reasonable costs for re-imbursement, or repair or replacement of the goods.
9.30 We will not accept returns under the DSR's if you are not the original owner of the product you have no proof of purchase (contract), or the goods were Special Order* or Extraordinary Goods*
*Goods that may have to be specially manufactured or imported and are not within the companies normal range of goods. E.g. components for an imported vehicle.
9.40 Our Returns Policy, including repair, replacement or refund applies to the original contract (purchaser) only. Please retain your proof of purchase as this will assist you in any claims for redress.
9.50 Ex Demonstration, Display or Second Hand Goods will be subject to their own individual contract as agreed between the company and the purchaser.
This applies to all goods within the OUTLET section of this web site
9.60 All items within the 'OUTLET' section of this web site are sold in "As Is" condition - no returns or warranties are implied or given, unless specified.
10.00 FAULTY GOODS.
Purchasers Rights where Goods are Not of Satisfactory Quality, Fit for Purpose or Described Incorrectly.
10.10 Providing the faults are reported to us as soon as practically possible we will either; repair any goods that are faulty, unsatisfactory or unfit for their purpose (see 10.20), or if a repair is too costly or impracticable, offer you a "like-for-like" replacement (see 10.30), for up to six months after the initial purchase.
If we supplied you with the goods more than six months ago, it's your responsibility to show that the goods were faulty at the time of delivery.
10.20 If you are offered a repair and it's subsequently found a repair is not possible within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age and any fault free use you have had from it (reasonable use & fair wear and tear)
10.30 If you are offered a repair and it's subsequently found a repair is not possible within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age and any fault free use you have had from it (reasonable use & fair wear and tear)
10.40 Any item where a repair, replacement or refund is to be claimed must be returned to us for inspection prior to any decision being made. We reserve the right not to make a decision via the telephone, e-mail, facsimile or letter until the goods have been inspected. Postage or freight costs associated with the repair, replacement or refund of faulty goods will be borne by us by way of a re-imbursement with the returned or refunded goods. This will include the cost of return delivery of the item to us or to a mutually acceptable third party repairer (see 10.70).
10.50 If, after inspection, the goods are found not to be faulty, we reserve the right not to refund associated postage costs and charge for any subsequent return charges incurred and any repairs undertaken
10.60 Replacements and refunds will be on a "like-for-like" basis. This means you may not receive a new item as replacement or a full refund if you have had the goods for a while or if you have had a reasonable period of fault free use from them.
10.70 Under certain circumstances we reserve the right to ask for independent third party confirmation of any faults. If this is necessary, we will initially bear the costs but may ask you to reimburse us if the goods are found to be of satisfactory condition or faulty as a result of misuse or negligence. We shall inform you that we intend to seek confirmation of the claimed faults before we do so and who we will be approaching to do this.
10.80 Goods with faults due to normal wear and tear or damage caused by misuse or neglect will not be repaired or replaced free of charge. Associated packaging and postage costs may also be charged.
10.90 GGoods bought from the 'OUTLET' section of this web site are not included in the above. These goods are sold in "As Is" condition where no returns or warranties are implied or given (unless specified).
Upon request we will endeavour to respond to e-mails requesting more information or images of 'OUTLET' items, where practical, prior to purchase.
11.10 Shortages or Missing Goods should be reported to us in Writing within Seven Days.
Please Enclose the Invoice, Invoice Number or something to identify you as the Initial Purchaser and List the Items you believe to be Missing.
12.10 Full refunds will be given as a result of claims under Section 10.00, all other refunds will be based on the replacement cost of the goods. This means you may not receive all the money you paid.
12.20 Refunds will only be paid to the original purchaser (named on the invoice)
12.30 Money will be refunded to the same account debited during purchase, or paid in the form of a cheque forwarded to the order address, and made out in the contract (purchaser) name.
12.40 All refunds and partial refunds (including paperwork) will be completed within 30 days.
12.50 For goods accepted as a "Gesture of Goodwill" refund (not faulty, damaged, substituted or returned under DSR's) - we reserve the right to charge up to 15% of the original invoice total to cover charges/fee's on card processing and/or cheques, administration costs, re-stocking, inspection and repackaging of goods plus any other associated costs/charges or fees that may be directly attributed to the refund. Delivery and/or collection charges plus labour and/or service charges associated with the sale/refund will not be refunded.
ABOUT OUR TERMS and CONDITIONS.
This version of the company's Terms & Conditions came into force on the 1st March 2015
It applies to all orders accepted from 9:00am on that day.
They do not affect your statutory rights relating to faulty, incorrectly described goods (sect 10.00) or your rights to cancel orders under DSR (sect 8.00).
If you would like more information on these rights, they are available from your local Trading Standards Department, Citizens Advice Bureaus or Consumer Direct.
The Terms & Conditions, above, do not apply on business to business transactions (A "Business" is a "Trade Customer", "Wholesale Customer", "Ltd Company", "Trading As", "Sole Trader" or similar)
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, please 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. This policy is effective from 1st March 2105.
WHAT WE COLLECT
We may collect the following information:
· name and job title
· contact information including email address
· demographic information such as postcode, preferences and interests
· other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
· Internal record keeping.
· We may use the information to improve our products and services.
· We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
· From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
· We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures, including Full PCI DSS security to safeguard and secure the information we collect online.
If an order is placed through our website, credit card numbers are not seen or used at our store. We use Full PCI DSS Level 1 Security via Credit Call for processing your payments. They are only decrypted after they reach our computer.
They are not held in clear text on any web site.
Data collected by this site is used to:
a. Take and fulfil customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes
LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other web sites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
· whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
· if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to;
OZTENT Ltd, Unit 4, Cheltenham, Gloucestershire GL54 2HQ UK.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above addresses. We will correct any information found to be incorrect as soon as possible.
Terms and Conditions.
All inter business, company, sole trader or similar sales, supplies & transactions, are legally exempt from DSR's.
In the case of faulty or damaged goods, we will endeavour to replace the goods within as reasonable a time frame as is practically possible.
Cancellation of an order, return of unwanted goods or similar will incur up to a 20% charge, to cover reasonable costs such as re-packaging, re-stocking, handling & processing etc.
If a replacement of faulty or damaged goods is refused, the refund will not cover outward or inward freight/shipping costs and will incur up to a 20% charge to cover reasonable costs such as re-packaging, re-stocking, handling & processing etc.
In the case of unwanted goods, refusal of replacement goods, cancellation of order (once dispatched) or similar, the customer must return the goods to us at their cost. This will not be refunded upon agreement of credit or refund settlement.
In the case of unwanted goods, refusal of replacement goods, cancellation of order (once dispatched) or similar, a credit note will be issued against subsequent future orders, or a refund, at our discretion.
Cancellation of an order where goods have been specifically obtained, shipped, built, or similar, will incur up to a 20% charge to cover reasonable costs such as re-packaging, re-stocking, handling, processing, re-selling etc.