Conditions of use and sale.
Fish Under The House Books provide access to the
fishunderthehouse.co.uk website and sell our products and service to
you subject to the conditions set out on this page.
Please read these conditions carefully before trading with us. By using
the fishunderthehouse.co.uk website, you signify your agreement to be
bound by these conditions.
1
Contract conditions
We must receive payment of the whole of the price for the goods or
services that you order
before your order can be accepted.* Once payment has been received by
us we will confirm that your order has been accepted by sending an
email to you at the email address you provide in your order form. Our
acceptance of your order brings into existence a legally binding
contract between us.*
2 Price
2a The prices payable for goods or
services that you order will be clearly agreed in advance via email.
2b
The
charge for postage and packaging will be agreed on an order by order
basis.
2c
Despite our best efforts, on rare
occasions the
prices communicated to you may contain errors. Where
this happens, we will do
one of
the following:
2c i
if the correct price is lower than
the quoted price, we will charge you the lower
price and fulfil the
order; or
2c ii if
the correct price is higher, we will at our discretion,
either contact
you for instructions
before dispatching the order, or cancel your order and notify you of
such cancellation.
3 Right for You to Cancel Your Contract
3a
You
may cancel your contract with us for the goods you order at any
time up to the end of the seventh
working day from the date you receive
the ordered goods. You do not need to give us any reason for
cancelling
your contract nor will you have to pay any penalty.
3b You cannot cancel your contract if the
goods you have ordered are
any audio or video recording or computer
software and you have removed
it from the sealed package in which it
was delivered to you.
3c To cancel your contract you must
notify us in writing.
3d
If
you have received the goods before you cancel your contract then
(unless under clause 3b, you do not have a right to cancel) you must
send the goods back to our contact address at your own cost and
risk.
If you cancel your contract but we have already processed the goods for
delivery you must not unpack the goods when they are received
by you
and you must send the goods back to us at our contact
address at your
own cost and risk as soon as possible.
3e
Once
you have notified us that you are cancelling your contract, any
sum debited to us from you will be re-credited to you
as
soon as
possible and in any event within 30 days of your order
PROVIDED THAT
the goods in question are returned by you and received by us in the
condition they were in when
delivered to you. If you do not return the
goods delivered to you or do not pay the costs of
delivery, we shall be
entitled to deduct the direct costs of recovering the goods from the
amount to be re-credited to you.
4
Cancellation by us
4a
We reserve
the right to cancel the contract between us if:
4ai We have
insufficient stock to deliver the goods or capacity to provide the
services you have ordered;
4aii We do
not deliver to your area; or
4aiii One
or more of the goods or
services you ordered was listed at an incorrect price due to a
typographical error or an error
in the pricing information received by us from our suppliers.
4b
If we do cancel your contract we will
notify you
by e-mail and will re-credit to you any sum as
soon as
possible but in any event within 30 days of your
order. We will
not be obliged to offer any
additional compensation for disappointment suffered.
5
Delivery of Goods
5a
We will
deliver the goods ordered by
you to the address you give us for delivery at the time you
make your
order.
5b
Delivery will be made as soon as
possible after
your order is accepted and in any event within 30
days of your
order.
5c
You will become the owner of the goods
you have
ordered when they have been delivered to you and you have paid for
them. Once
goods
have been delivered to you
they will be held at your own risk and we will not be liable for their
loss or
destruction.
6
Liability
6a
If the goods
we deliver are not what
you ordered or are damaged or defective or the delivery is of an
incorrect
quantity, we shall have no liability to you unless you notify us in
writing at our contact address of the problem with 10 working
days of the
delivery of the goods in question.
6b If
you do not receive the goods or
services
ordered by you within 30 days of the date on which you
ordered them, we shall have no liability
to you
unless you notify us in writing at our contact address
of the
problem within 40 days of
the date on which you ordered the goods. If you notify a problem to us
under
this condition, our only
obligation will be, at your option:
6bi to
make good any shortage or non-delivery;
6bii to
correct any typographical
errors or minor mistakes caused by us in any material on your
behalf ;
6biii to
replace or repair any goods that are damaged or defective; or
6biv to
refund to you the amount
paid by you for the goods or services in question in whatever way we
choose.
6c
Save as precluded by law, we will not be liable
to you
for any
indirect or consequential loss, damage or
expenses (including loss of profits, business or goodwill) howsoever
arising out of any problem
you notify to us under
this condition and we
shall have no liability to pay any money to you by
way of compensation
other than to refund to you the amount paid by you for the goods or
services in question under clause 6biii
above.
6d
You must observe and comply with all
applicable regulations and
legislation, including obtaining all
necessary customs, imports or
other permits to purchase goods from our site. The importation or
exportation of certain of our goods to
you may be prohibited by certain
national laws. We make no representation and accept no liability in
respect of the export of the goods you purchase.
6e
Notwithstanding the foregoing, nothing
in these
terms and conditions
is intended to limit any rights
you might have as a
consumer under
applicable local law or other statutory rights that may
not be
excluded
nor in any way to exclude or limit our liability to you for any death
or personal injury resulting from our negligence.
7
Notes
Unless
otherwise expressly stated in these
terms and
conditions, all notes from you to us must be in writing and sent to
our contact address at 11, Maythorne Crescent, Clayton, Bradford BD14
6NA and all notes from us to you will be displayed on our website
from time to time.
8
Events Beyond Our
Control
We shall have no
liability to you for any failure to deliver goods or
services you have ordered or any delay in doing so or for any damage or
defect to goods delivered that is caused by any event or circumstances
beyond our reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion or accident.
9
Invalidity
If any part of these
terms and conditions is unenforceable
(including
any provision in which we exclude our liability to you) the
enforceability of any other part of these conditions will not be
affected.
10
Privacy
You acknowledge and
agree to be bound by the terms of our privacy
policy.
11
Third Party
Rights
Except
for our directors or
representatives, a person
who is not a party to this agreement has no right under the UK
Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this agreement but this does not affect any right or remedy of a third
party that exists or is available apart from that Act.
12
Governing Law
The
contract between us shall be governed by
and
interpreted in accordance with English law and the English courts have
jurisdiction to resolve any disputes between us
13
Entire Agreement
These terms and
conditions, together with our current website prices,
delivery details, contact details and privacy policy, set out the whole
of our agreement relating to the supply of the goods to you by us.
Nothing said by any sales person on our behalf should be understood as
a variation of these terms and conditions or as an authorised
representation about the nature or quality of any goods offered for
sale by us. Save for fraud or fraudulent misrepresentation, we shall
have no liability for any such representation being untrue or
misleading.
