Terms and Conditions
1.1 ‘Buyer’ means the person who buys or agrees to buy the Goods from the Seller;
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
1.3 ‘Consumer’ shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.4 ‘Contract’ means the contract between the Seller and the Buyer for the sale and purchase of the Goods incorporating these Conditions;
1.5 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;
1.6 ‘Seller’ means AMMO & Company Ltd (company registration number 02704515) whose registered office is at 42-44 Lombard Street, Birmingham B12 0QN.
1.7 ‘Website’ means the Seller’s website at www.riflesdirect.com
2.1 Nothing in these Conditions shall affect the Buyer’s statutory rights if the Buyer is a Consumer.
2.2 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer (including all accepted orders placed through the Website or by telephone/letter/order form) to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.3 All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.5 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and are subject to acceptance by the Seller by e-mail (where applicable) by telephone or by correspondence. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the Buyer shall comply with the technical steps set out in the order form to submit the order.
3.4 The Buyer shall be responsible for ensuring the accuracy of the details provided on the order form and the Seller shall not be obliged to accept an order unless all details requested on the order form are entered correctly.
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website or in the Seller’s catalogue. The price displayed is inclusive of VAT at the current standard rate for all UK based customers and customers within member states of the European Community. It will also include standard delivery charges.
4.2 Payment of the price shall be made in full before dispatch of the Goods and will be charged to any account provided by the Buyer on the order form.
5. RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any Goods at its discretion.
5.2 The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the Seller’s control.
5.3 In the event of there being an increase in the price of the Goods the Buyer shall be entitled to cancel the Contract at any time before delivery.
5.4 The Seller reserves the right to withdraw any Goods from its catalogue or the Website at any time.
5.5 The Seller shall not be liable to anyone for withdrawing any Goods from its catalogue or the Website or for refusing to accept any order.
6.1 The Seller warrants that the Goods will at the time of despatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, quality or condition of the Goods, whether implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
7.1 Goods supplied within the EU will normally be delivered by normal surface or air mail within 28 working days of acceptance of order. If weight restrictions prevent air mail delivery to customers outside the UK the order will be sent by normal surface mail which may take up to an additional 14 days.
7.2 Goods supplied to countries outside the EU (Rest of World) will be delivered by air mail within 28 days. If current weight restrictions prevent this method of delivery the order will be by normal surface mail and may take up to an additional 14 days.
7.3 Goods supplied to countries outside the UK will incur additional postage costs. These are stated within the payment section of the Website and will be automatically added to the purchase.
7.4 Goods in all cases will be dispatched by standard mail. However, due to special circumstances only, and agreed with by the seller, the buyer may request that the goods are dispatched by another form of special courier delivery (Next Day). In which case the buyer will be responsible for the additional cost this may incur.
The seller will to endeavour to obtain from the courier/carrier the cost of the delivery and then to inform the buyer.
The goods will not be dispatched until the seller receives notification from the buyer that the additional cost is acceptable. The special delivery service is available to UK buyers only.
7.5 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or to cancel the Contract and receive a full refund.
7.6 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.7 Delivery of the Goods shall be made to the Buyer’s delivery address specified in the order form and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.8 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8. CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods as soon after delivery as is reasonably practicable and shall notify the Seller in writing within 14 working days of delivery if the Goods are damaged or do not comply with the Contract. Save in respect of any shortages or defects, if the Buyer fails to comply with this clause the Seller shall not be legally liable in respect of any other complaint which should have been brought to the Seller’s attention within this period.
8.2 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3 If the Buyer is a Consumer, the Buyer has the right, in addition to the Buyer’s other rights, to cancel the Contract and receive a refund by informing the Seller by writing at the address specified above within 14 working days of receipt of the Goods.
8.4 If the Buyer cancels the Contract before receipt of the Goods but after the Seller has dispatched them the Buyer shall not unpack the Goods before returning them.
8.5 If the Buyer cancels the Contract, the Goods shall be returned by the Buyer to the Seller at the Buyer’s own cost.. The Buyer shall receive a refund of the price within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the reasonable cost of recovering the Goods from the Buyer.
8.6 Goods returned must clearly show the Seller’s order number on the package.
8.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of such damage.
9. LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss (including loss of profits, business or goodwill) or damage whatever.
9.2 Nothing in these Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that the Seller’s agents or employees.
9.3 If the Buyer does not receive the Goods within 30 days of the date on which they were ordered the Seller shall have no liability unless the Buyer notifies the Seller in writing at the address specified above within 40 days of the date on which they were ordered.
9.4 If the Buyer notifies the Seller of a problem under clause 8.1 or clause 9.3 the Seller’s only obligation shall be, at the Buyer’s option, to make good any shortage or non-delivery, to replace or repair any Goods that are damaged or defective or to refund the price to the Buyer.
9.5 Nothing in these Conditions is intended to limit any rights the Buyer may have as a Consumer or other statutory rights that may not be excluded.
10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. FORCE MAJEURE
11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability or raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. CHANGES TO CONDITIONS
13.1 The Seller shall be entitled to alter these Conditions as any time but this right shall not affect the existing Conditions accepted by the Buyer upon making a purchase.
14.1 The Seller shall endeavour to ensure that all the information available on the Website at any time is accurate but shall not be responsible for any errors or omissions. The seller shall use reasonable endeavours to correct errors and omissions as soon as reasonable practicable after becoming aware or being notified of these.
14.2 Copyright in the material contained in the Website belongs to the Seller.
15. PRIVACY & COOKIES POLICY
15.1 Riflesdirect is committed to protecting its buyers privacy. It will only use the information it collects about the buyer lawfully and in accordance with the Data Protection Act 1998. Rifles Direct collects information about the buyer for two reasons; firstly to process the order and secondly to enhance the site and provide the best possible service for the buyer. The information collected includes the buyers name, address, delivery address, telephone number and email address. It never collects sensitive information about the buyer without explicit consent.The information it does hold will be as accurate and up to date as supplied by the buyer at the time of their purchase. The buyer can check the information held at any time by emailing their request to Rifles Direct. Any inaccuracies will be either deleted or amended immediately. The personal information Rifles Direct holds is held in accordance with internal security policies and the law. Rifles Direct does not disclose buyers information to Third Parties other than for delivery purposes. 15.2 When browsing the internet and using online services, this sometimes involves placing small amounts of information on your web enabled device, this includes small files known as cookies. They cannot be used to identify you personally.
Cookies are used to improve services for you, for example:
- Enabling a site to recognise your web enabled device so you don’t have to repeat information already given
- Recognising that you may already have user name and password so you don’t need to enter this every time your requested
- Measuring how many people are using the site, so usability can be improved
|whoson||Live Chat System||Unique ID||2020|
|ekmPowershop_cookie||Ascertains your country to deliver correct currency||Your country and currency||On Exit|
|ASP Session ID||Tracks your visit to our website||Unique ID||On Exit|
16. QUERIES AND COMPLAINTS
16.1 The Buyer shall email any queries or complaints to [email protected] or write to AMMO & Company Ltd, 42-44 Lombard Street, Birmingham B12 0QN.
16.2 The Seller aims to respond to email, faxed and written queries within 24 hours.
16.3 The Seller shall consider the nature of any complaint made by the Buyer and contact the Buyer within 21 days of the complaint giving the result of its enquiries and any proposals for dealing with it.
17. GOVERNING LAW AND JURISDICTION
17.1 The Contract shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
18. THIRD PARTIES
18.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 these Conditions are not intended to, and do not, give any person who is not a party to the Contract any right to enforce any of its provisions.