These Terms of Sale set out the conditions under which Goods are sold by Us to consumers through this website, alternativetackle.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms & Conditions of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order or purchase Goods through Our Site.
Definitions
Unless the context otherwise requires, the following expressions have the following meanings:
“Contract” – means a contract for the purchase and sale of Goods;
“Goods” – means the goods sold by Us through Our Site;
“Order” – means your order for Goods;
“Order Confirmation” – means our acceptance and confirmation of your Order;
“Order Number” – means the reference number for your Order; and
“We/Us/Our” – means Alternative Tackle, a Sole Trader entity, owned and run by Mark Leggett, 12/1 Rothesay Place, Edinburgh, EH3 7SQ, U.K.
“The/This website” – means the Alternative Tackle website found at alternativetackle.com
Access to and Use of Our Site
Access to The website is provided “as is” and on an “as available” basis. This website (or any part of it) may be altered, suspended or discontinued at any time and without notice. We will not be liable to you in any way if The website (or any part of it) is unavailable at any time and for any period.
Use of This website is subject to the terms set out in our Privacy Policy. Please ensure that you have read these terms carefully and that you understand them.
Goods, Pricing and Availability
All reasonable efforts are made to ensure that all descriptions and graphical representations of Goods available on the this website correspond to the actual Goods. Please note, however, the following:
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in the illustrative materials used in the image, and the natural variations in the material itself. Every reasonable effort is made to ensure that the Goods conform to illustrations, photographs and descriptions provided on The website. However, no guarantee can be made that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and differences in the colour reproduction of electronic displays.
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
Where appropriate, you may be required to select the required size, type, finish, and number of the Goods that you are purchasing.
No guarantee that Goods will always be available can be given. Stock indications are provided on The website for guidance only, and/or Goods are made to Order.
All reasonable efforts are made, to ensure that all prices shown on The website are correct at the time of going online. The right to change prices and to add, alter, or remove special offers from time to time and as necessary, is reserved. Changes in price will not affect any order that you have already placed, with the exception of changes to VAT or Tax regulations.
All prices are checked before your Order is accepted. In the unlikely event that incorrect pricing information is shown, you will be contacted in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, you will simply be charged the lower amount and your Order will continue to be processed. If the correct price is higher, you will be given the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). In this case processing of your Order will not proceed until you respond. If no response is receive from you within 7 working days, Your Order will be treated as cancelled and you will be notified of this in writing.
In the event that the price of Goods you have ordered changes between your Order being placed and that Order being processed and payment being taken, you will be charged the price shown on Our Site at the time of placing your Order.
All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and that order being processed and payment being taken, the amount of VAT payable will be automatically adjusted when taking payment.
Delivery charges are included at checkout. For more information on delivery charges and worldwide shipping options, please contact us. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
The website will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If your Order cannot be processed due to incorrect or incomplete information, you will be asked to correct it. If you do provide the accurate or complete information within a reasonable time of this request, your Order will be cancelled and the Contract will be treated as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
No part of This website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Acknowledgement of receipt of your Order does not mean that it has been accepted. Acceptance is indicated by you receiving an Order Confirmation by email. Only once you have received your Order Confirmation will there be a legally binding Contract between Us and you.
Order Confirmations shall contain the following information:
- Your Order Number;
- Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
- Estimated delivery dates;
In the unlikely event that your Order not accepted or fulfilled, for any reason, you will receive an explanation in writing. No payment will be taken under normal circumstances. If payment has been taken any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
Any refunds due under this clause will be made using the same payment method that you used when ordering the Goods.
Payment
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until your Goods are despatched.
The following methods of payment are accepted on The website:
Additionally you can contact us to arrange payment via bank transfer or PayPal.
Delivery, Risk and Ownership
Goods purchased through The website may be subject to turn-around periods beyond our control which may be in excess of 3-6 months due to the nature of the custom build process associated with 3rd party manufacturers, however, in most cases, you will be given an anticipated delivery date.
Once the Goods have been manufactured or sourced, The delivery services of an external delivery service provider will be engaged. Where appropriate or available, tracking codes will be communicated to you.
Specific terms associated with delivery will be subject to the terms of service of the commissioned delivery service provider.
If no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place, the delivery agent will attempt to rearrange delivery;
If you do not collect the Goods or successfully accept delivery, We will attempt to recover the Goods. You will be given an opportunity to rearrange delivery, however, this may incur an additional delivery charge. If this or subsequent delivery is not accepted and Goods are recovered by Us, you will be refunded the purchase price of any Goods that can be resold, but not the cost of delivery or the cost of any items with personal customisation such as engravings or inscriptions. You may also be billed you for any reasonable additional cost that is incurred in recovering the Goods.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once the delivery agent has delivered the Goods to the address you have provided.
Ownership of the Goods passes to you once you have accepted delivery and full payment of all sums due has been received (including any applicable delivery charges).
Any refunds due under this clause will be made using the same payment method that you used when ordering the Goods.
Faulty, Damaged or Incorrect Goods
By law, goods that are of satisfactory quality, fit for purpose, and as described at the time of purchase, must be provided in accordance with any pre-contract information that you have been given, and that match any samples or models that you have seen or examined (unless you have been made aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us as soon as reasonably possible with details of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
In the event of damage or breakage to the Goods you can return the goods to Us for onward shipping to the original maker who will repair or replace the goods according to their own policy and who may charge for this service.
To return Goods to Us for any reason under this Clause, please contact us to arrange for a collection and return.
Refunds (whether full or partial, including reductions in price) under this Clause will be issued within 14 calendar days of the day on which it is agreed that you are entitled to the refund.
Any and all refunds issued under this Clause will include all delivery costs paid by you when the Goods were originally purchased.
Refunds under this Clause will be made using the same payment method that you used when ordering the Goods.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Cancelling and Returning Goods if You Change Your Mind
If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.
Further more It is Alternative Tackle policy that this “cooling off” period shall be applied to all customers irrespective of their geographical location.
This period begins once your Order is complete and you have been sent your Order Confirmation, i.e. when the Contract between you and Alternative Tackle is formed. You may also cancel for any reason before the Order Confirmation is sent.
If non-personalised Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
If non-personalised Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
If you wish to exercise your right to cancel under this Clause, you must inform Us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
You may be asked why you have chosen to cancel and any answers you provide may be used to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please note that you may lose your legal right to cancel under this Clause if the Goods have been personalised with inscriptions or engravings. Personalised Goods which cannot be returned if you change your mind after the initial “cooling-off” period. In relation to bespoke Goods, the “cooling-off” period, during which the order may be cancelled, shall end 14 days after the order is initially placed.
Please ensure that you return Goods no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause.
You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location.
Please note that you must bear the costs of returning Goods if cancelling under this Clause. You will also be charged the direct cost of collection if you request that the Goods are collected from you. The cost of returning Goods should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
Refunds under this Clause will be issued to you within 14 calendar days of the following:
The day on which the Goods are received back; or
The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause noted above); or
If the Goods are to be collected under the sub-Clause above, the day on which you inform Us that you wish to cancel the Contract; or
If you have not yet been provided with an Order Confirmation or the Goods have not yet been dispatched, the day on which you inform Us that you wish to cancel the Contract.
Refunds under this Clause may be subject to deductions in the following circumstances:
Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if a refund is issued before We have received the Goods and have had a chance to inspect them, you may subsequently be charged an appropriate sum if the Goods are found to have been handled excessively.
Refunds under this Clause will be made using the same payment method that you used when ordering the Goods.
Our Liability to Consumers
Alternative Tackle will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
Goods are supplied purely for domestic and private use by consumers. No warranty or representation is made that the Goods are fit for commercial, business or industrial use of any kind (including resale). Alternative Tackle will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
Alternative Tackle will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
You will be informed as soon as is reasonably possible;
All reasonable steps will be taken to minimise the delay;
To the extent that the delay cannot be minimised, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
You will be informed when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of Our control continues for more than 180 calendar days the Contract will be cancelled and you will be informed of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 180 calendar days of the date on which the Contract is cancelled;
If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so by contacting us directly to cancel.
Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 90 Calendar days of the date on which the Contract is cancelled.
Communication and Contact Details
If you wish to contact Alternative Tackle with general questions or complaints, for matters relating to the Goods or your Order, or for matters relating to cancellations, you may contact Us by telephone at +44 (0)7941 313329 or by email at hello@alternativetackle.com.
How We Use Your Personal Information (Data Protection)
All personal information that may be collected (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
Your personal information may be used to:
Provide Alternative Tackle Goods and services to you;
Process your Order (including payment) for the Goods; and
Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, your personal information may be passed on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
Your personal information will not be passed on to any third parties without your express permission, other than where necessary to provide Goods or services to you.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 90 working days of your cancellation.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Alternative Tackle (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clauses above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Scotland.
