Terms & Conditions of Website Use – Terms of Trade
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.thecampercoshop.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information About Us
1.1 www.thecampercoshop.com is a site operated by Campeworks LTD. We are registered in Northern Ireland under company number NI621763. Our Head Office is Camperco, Cyril Johnston Complex, Ballynahinch Road, Carryduff, Belfast, Northern Ireland, BT8 8DJ.
2. Service Availability
Our site is intended for use by people resident in the United Kingdom and Ireland as well as for residents outside the United Kingdom and Ireland.
3. Your Status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old
4. How The Contract Is Formed Between You And US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer Rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing via email. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 All items ordered that are marked as Special Order cannot be cancelled by the buyer after the order has been placed.
6. Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Please note that all delivery dates are estimates only and we shall have no liability to you in relation to such delivery dates not being met.
6.1 Delivery of the Goods shall be effected by delivering the Goods to the address communicated by the Buyer to the Seller at the time of placing the order and confirmed in the Confirmation of Order.
6.2 Any dates quoted for delivery of the Goods are estimates only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
6.3 The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.4 Where the Goods are to be delivered in installments each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.5 If the Seller fails to deliver the Goods (or any installment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered and the price paid for the Goods.
6.6 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time of placing the order (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller the Seller may:
6.6.1 store the Goods until actual delivery takes place and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7. Risk And Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price And Payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due at the time of checkout. These can be viewed whilst in the shopping basket or checkout by entering your postcode. We reserve the right to apply a delivery charge or increase in the delivery charge for exceptional orders. By exceptional orders we mean bulk orders for items that result in a weight increase that would not be sent in a box normally around 20kgs in weight. We would notify you of this charge before dispatching your order.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
8.6 Special Offers. We reserve the right to end any offer at any time including prior to the published date. Special offers are not valid in conjunction with any other offer.
8.7 Payment for all Products must be by credit / debit card and Paypal. We accept payment with Visa, Visa Debit, Mastercard, Visa Electron & Maestro and Paypal. All orders are dispatch only when your payment has cleared. We do not store credit card details nor do we share customer details with any 3rd parties.
9. Our Returns & Refunds Policy
9.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the total amount you paid for the product in full (postage costs non-refundable). However, you will also be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 18.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is faulty), we will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty Product. Products returned by you because of a fault will be refunded in full in accordance with 9.1(a). In any event you should contact us for authorisation before returning ANY goods.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 We will only offer refunds for faulty products inside of 30 days from date of purchase, thereafter we will offer an exchange or repair as appropriate.
9.4 If the Buyer believes that any of the Goods are faulty or are of an unsatisfactory quality, the Buyer must immediately contact a member of the customer services team by one of the following methods:
Letter: Camperco, Cyril Johnston Complex, Ballynahinch Road, Carryduff, Belfast, Northern Ireland, BT8 8DJ
10. Our Liability
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. However, the information and advice contained on our site and in our sales documentation is for general guidance purposes only. You are responsible for determining whether it applies to your particular situation and whether the Products you order are appropriate for you. In particular, please read all manuals and safety instructions provided with Products, and follow them carefully at all times.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage whether or not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
11. Import Duty
11.1 If you order Products from our site for delivery outside England, Wales, Scotland and N Ireland, they may be subject to import duties and taxes when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Camperco, Cyril Johnston Complex, Ballynahinch Road, Carryduff, Belfast, Northern Ireland, BT8 8DJ or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer Of Rights And Obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
18. Entire Agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our Right To Vary These Terms And Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Data Protection
21. Law And Jurisdiction
Contracts for the purchase of Products through our site will be governed by Northern Ireland law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.
22. Identity Checks
We carry out in certain circumstances identity checks to verify the person ordering is who they say they are. We use the information to fulfill orders and customer requirements, deliver orders, process customer payments, inform you of new services and promotional offers, update our customer database records and ensure a good level of customer service.
We also use this information to improve our ecommerce site and services and to prevent or detect fraud or abuse of our website. To this end we enable third parties to carry out identity checks on our behalf which may involve an identity check footprint being registered on your credit reference file. This in no way affects any credit rating and is purely an audit trail of us verifying your identity.
23. Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
24. Links from this website
We do not monitor or review the content of other party’s websites which are linked to / from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
25. Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this website are trade marked.