WEBSITE USE AGREEMENT AND TERMS AND CONDITIONS

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THIS WEBSITE. IT EXEMPTS THE SHOP OWNERS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

This Agreement contains the following provisions

1.            Your Acceptance of this Agreement

2.            Permission to Use the Website

3.            Changes to this Agreement

4.            Ownership and Permitted Use of the Website

5.            Misprints and Errors, Product Availability and Prices

6.            No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings

7.            Login Names and Passwords

8.            Unsolicited Submissions

9.            Your Information

10.         Disclaimers, Liability Exclusions/Limitations and Indemnity

11.         Personal Information Privacy

12.         Other Sites/Resources

13.         Termination

14.         Governing Law and Dispute Resolution

15.         Delivery details

16.         Cancellation & Returns Policy

17.         Other Matters

18.         Business Address - Correspondence only

 

1. Your acceptance of this agreement

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity). ("The Shop Owner") regarding your access to and use of this website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to this Shop Owners affiliates, service providers, suppliers and other persons. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.

This Agreement is in addition to any other agreement you may have with The Shop Owner, including a transaction agreement.

2. Permission to use the website

You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. The Shop Owner reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain items).

3. Changes to this agreement

The Shop Owner may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

4. Ownership and permitted use of the website

The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of The Shop Owner and others, and is protected by British and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited. You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of The Shop Owner. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.

5. Misprints and errors, product availability and prices

The Shop Owner endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. The Shop Owner cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. The Shop Owner does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete. The Shop Owner reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell.

6. No linking, framing, mirroring, scraping, data-mining or postings

Links to the Website without the express written permission of The Shop Owner are strictly prohibited. To request permission to link to the Website, please send an email to The Shop Owner via the contact page of this Website. The Shop Owner may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

7. Login names and passwords

Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "User Details") by The Shop Owner. For the purposes of accessing the Website, the User Details remain the property of The Shop Owner and may be cancelled or suspended at any time by The Shop Owner in its discretion without any notice or liability to you or any other person. The Shop Owner is not under any obligation to verify the actual identity or authority of any person using User Details to access and use the Website. The Shop Owner may act upon any communication that is given with the use of User Details. The Shop Owner may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if The Shop Owner is not satisfied with such proof. If you have been issued User Details: (a) you are fully responsible and liable for the security of the User Details and any and all use and misuse of the User Details; (b) you will keep the User Details secure and confidential at all times and not disclose the User Details to any other person or permit any other person to use the User Details; (c) you will ensure that all uses of the User Details comply with this Agreement; (d) once you have logged-on to the Website using the User Details, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify The Shop Owner by telephone or email via the contact page of this Website if you know or suspect that any User Details have been lost or stolen or become known to or used by any other person.

8. Unsolicited submissions

In order to avoid potential misunderstandings or disputes, The Shop Owner does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to The Shop Owner or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to The Shop Owner and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of The Shop Owner or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of The Shop Owner and its successors, assigns and licensees.

9. Your information

All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. The Shop Owner will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, The Shop Owner or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

10. Disclaimers, liability exclusions/limitations and indemnity

DISCLAIMERS

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY THE SHOP OWNER TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSIONS

THE SHOP OWNER AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY THE SHOP OWNER OR ANY PERSON FOR WHOM THE SHOP OWNER IS RESPONSIBLE, AND EVEN IF THE SHOP OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS

THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

11. Personal information privacy

The Shop Owner collects, uses and discloses personal information in accordance with its Privacy Policy, which is available on this Website and which may be changed from time to time by The Shop Owner in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by The Shop Owner in accordance with the Privacy Policy as it then reads.

12. Other sites/resources

For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from The Shop Owner, and The Shop Owner has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. The Shop Owner does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against The Shop Owner arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and The Shop Owner, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.

13. Termination

Notwithstanding any other provision of this Agreement, The Shop Owner may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. The Shop Owner may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other than existing agreements between you and The Shop Owner will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.

14. Governing law and dispute resolution

This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the United Kingdom. Any dispute between you and The Shop Owner or any other person arising from connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the British Court, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of this court in respect of all Disputes.

15. Delivery Details

 

Delivery Information

Mainland UK Delivery prices to-date are:

Last Day’s for Xmas Delivery: RM Special Delivery (Tracked) - Monday 23rd Express Tracked - Friday 20th Dec 2024

Express & Special Delivery (Next Day) we are posting out on: Friday 27th & Monday 30th Dec 2024

All delivery prices, options and services used are subject to our discretion; we have provided the best prices we can to cater for common orders, and on many options we actually make a lose regarding revenue and as such we reserve the right to change the options or service selected and / or charge additional costs to you that we may incur.

Economy Delivery

Economy Tracked 

Express Tracked

Special Delivery

Delivery Time

------

 2 -3 Days (Inc. Sat.)

1 - 2 Day (Inc. Sat.)

1 Day Guaranteed

Up to 8kg

------

£3.54

£4.50

£11.94 to £15.58

Over 8kg

------

 £7.02

£4.50

What are the Delivery Options?

 

Economy Delivery: 3 – 5 day delivery. These order do not take priority and are dealt with on a first come first serve basis.

Economy Tracked*:            2 - 3 day service via Royal Mail Tracked 48. We aim to send out all orders same day.

Express Tracked*:            1 -2 day service via Royal Mail Tracked 24. These order will take priority over all economy delivery orders and will be sent out for delivery the same day*.

Special Delivery:     24 Hour Guaranteed (Next Day) delivery on all orders. Sent out on a Monday to Friday. 

 

We only guarantee live on arrival when using the Special Delivery services. Even though 93% of all Royal Mail 24 Hour delivery orders turn up the following day, delays have been reported to us of up to 5 days. We have no control over the Standard Delivery services, they are non-traceable, and are your choice to use them.

Please note that we are unable to give the Royal Mail instructions to where you would like a parcel left if you are out, unless you choose a tracked service. The Royal Mail do however have a solution for this, please visit the following link for more information: www.royalmail.com/personal/receiving-mail/delivery-to-neighbour. Please ensure that some one is available to accept your order, or you have nominated a safe place for the order.

*      Providing that the order is placed before 1 p.m., all orders after this time will be sent out on the next working day (Monday to Friday only). These are not guaranteed services and may take longer than estimated.

 

Non UK Orders

 

Please note that we provide no guarantee or compensation for lost parcels. We have provided a Track & Signed for option, however you must insure that your postal service provides these options too. For further information and advice please contact us prior to placing your order. You are welcome to arrange you own collection and delivery.

Damaged Items

All damaged items must be reported to us upon receipt of your order. The outcome of the claim will depend upon the delivery option that was chosen and the products. We only guarantee live on arrival when using the Special Delivery services. 

16. Cancellations & Returns Policy

Cancellations:

Cancellations must be made before 2pm. However bespoke orders, orders containing perishable items or containing items that are specifically made to complete your order (such as newly made fruit fly cultures) cannot be cancelled.

 

Returns:

If you change your mind about your purchase, we will only accept the goods that are returned (at your cost) in the condition they were sold in. This must be done within 14 days of the purchase and you will be given a store credit to the value of the goods, upon proof of purchase. All returned items must be return via our RETURN MERCHANDISE AUTHORIZATION (RMA) process. You must contact us via our Contact Us page and select ‘Request to return a product/s’ from the subject headings drop down menu. Provide a description / reason for the return and we will contact you as soon as possible. If your return is accepted, you will be issued an RMA number; all returned items without this number will be accepted as a gift to us from you. However bespoke orders, orders containing perishable items or containing items that are specifically made to complete your order (such as newly made fruit fly cultures) cannot be returned.


This does not in any way affect your usual consumer rights, including your right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed. Your rights are covered by the following Acts and Regulations:

Sale of Goods Act 1979
Unfair Terms in Consumer Contracts Regulations 1999
Sale and Supply of Goods to Consumers Regulations 2002
Consumer Protection from Unfair Trading Regulations 2008

All faulty products which are covered by a manufactures warranty will be dealt with by the warrantor.

 

 

17. Other matters

If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of The Shop Owner and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. The Shop Owner may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Any rights not expressly granted by this Agreement are reserved to The Shop Owner.

You may contact The Shop Owner by telephone, email, or postal mail via the contact page of this Website.

18. Business Address - Correspondence only

The following address is for correspondence only, we are a mail order business and do not have a physical location that allows visitors.

Advanced Husbandry

30 Durley Avenue

Cowplain

Waterlooville

Hampshire

PO8 8XA

England