These conditions record the terms of sale of the goods (“the goods”) selected by the Customer and in the circumstances set out below will constitute a binding contract (“the contract” or “this contract”) between Land Girl Trading Ltd (“Land Girl”) and the Customer (“the Customer” or “you”) together (the parties”).
Land Girl has its postal address at 44 Derrick Road Beckenham Kent BR3 3QQ, its e-mail address is [email protected], its website is at www.land-girl.com. Land Girl’s Company number is 7608202 and its registered office is at 2 Bucknall’s Lane, Garston, WD25 9JQ.
The terms set out herein contain the entire contract. All terms which may be implied by statute, common law, custom or otherwise which may lawfully be excluded are hereby excluded. This Contract contains the whole agreement between the parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this Contract on the basis of any representation that is not expressly incorporated into this Contract. Nothing in this Contract excludes liability for fraud. This Contract may only be amended in writing signed by duly authorised representatives of the Parties.
The headings in these terms are for convenience only and will not affect the interpretation of the Contract.
By proceeding to purchase goods, you acknowledges that have read, fully understood and agree with these terms.
We will have a binding contract to sell to you goods on these terms when we accept an order offered by you via Land Girl’s Web Site. The description of the goods and delivery costs are set out in the order page on the Web Site. We will confirm acceptance of your order on-screen.
We aim to give you a clear idea of the nature of the products we sell.
The quantity, quality and description of the goods will be those set out in your order (if accepted by us). Although Land Girl will use its reasonable endeavours to ensure accordance between any Web Site photograph and the goods, the Customer accepts that, for a variety of reasons, there may be small variations between the goods as manufactured and the photograph. In particular, colours shown on the Web Site will vary depending upon the Customer’s computer settings, and there may be variations between colours shown on the Web Site and the goods in question.
Orders are accepted at our sole discretion; they are normally accepted if the goods are then or within a reasonable time available, if the order reflects current pricing, the Customer is based in the Delivery Area and the Customer’s credit or account card is authorised for the transaction.
Price of the goods
Our charges for delivery are set on the order page of the Web Site and will be added to the price for the goods.
If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order and any monies you have paid will be repaid but you will be entitled to no other sums whether by way of damages or otherwise howsoever.
Payment must be made in full, in pounds sterling, before goods will be despatched to the Customer.
If for any reason it is not possible to obtain full payment for the goods from your account on delivery of the goods to you, we can (but do not have to) cancel your order or suspend any further deliveries to you. This does not affect any other rights we may have.
Privacy and Security
Land Girl takes the privacy of customer information very seriously. The information we collect from you is used only to provide and enhance the service we offer you, to assist enforcement and prevent fraud. When you place an order on our Web Site we will collect your name, mailing address, e-mail address and phone number for use in processing your order. We also maintain a record of your orders, should we or you ever need them for reference. To maintain our high standard of customer service we may record, listen to and play back telephone calls. We do not share your phone number or email address with any third parties for marketing purposes.
Although Land Girl will take all reasonable care to keep all information connected with your order secure it cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
On receipt of notification of payment Land Girl will use its reasonable endeavours to despatch goods within three working days and to ensure delivery within 14 days. However, the date is not guaranteed and time of delivery is not of the essence of this contract. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended. The Customer accepts all delivery risk.
The goods will be sent by Royal Mail post to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been despatched in accordance with your delivery instructions.
Replacement of defective goods
The Customer must examine the goods on delivery and must satisfy itself as to the condition and quality. Any complaint must be made to Land Girl within 7 days of receipt by the Customer, after which date no complaint will be accepted or valid. In the event that Land Girl accepts that a complaint is valid, it will supply replacement goods or repay the price. Replacement goods may be delivered to the Customer to the original place of delivery, but otherwise subject to the provisions of this Contract.
Cancellation – The Cooling off period
In the case of an online sale, if you wish to cancel your order you may only do so at any time between the date of placing the order and 7 days after you have received the goods. Thereafter, no cancellation will be accepted. Cancellation must be notified by telephone or e-mail. Land Girl will use reasonable endeavours to ensure that refunds are made within 30 days of receipt of the goods by Land Girl. The goods must be returned at your cost and risk. Returns will only be accepted if the product has not been used, is returned undamaged in the original packaging with postage prepaid.
Save as set out below, Land Girl shall have no liability under or in connection with this Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever.
If Land Girl decides you have a valid claim in respect of any of goods which is based on any substantial defect in their quality or condition or their substantial failure to meet specification in accordance with the Contract, and you have returned the goods within a reasonable time, you will be entitled only to choose either a refund of the price of the goods or replacement goods free of charge.
Save as above neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
Neither Party shall have any liability under or be deemed to be in breach of this Contract for any delays or failures in performance of this Contract which result from circumstances beyond the reasonable control of that Party. Such circumstances include any delay, default of other failure by Land Girl’s supplier
These terms and conditions do not affect your statutory rights as a consumer.
The Web Site
We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice. We assume no responsibility for the contents of any other Web Sites to which this Web Site has links. We reserve the right to make changes to this Web Site and these terms at any time.
Copyright and Design
All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights are reserved and any infringement will be strictly pursued. None of this material may be used without our written permission. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
If you wish to complain about any aspect of our service, please contact us at the address or email given above.
Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.
If any provision is found by any competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
Governing law and jurisdiction
The validity, construction and performance of this Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit. For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Contract this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.