This website is operated by Birchalls the Riding whose registered address is, Pleasant View Garden Centre, Plough Wents Road, Chart Sutton, Maidstone, Kent, ME17 3SA. Please read these Terms & Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.birchallstheridingshop.com website, operated by us, Birchalls the Riding Shop. The purchase by you and the sale by us of the goods and products listed on this website are described in the following documentation.
1. The Sale
1. We agree to sell you goods as a dedicated retailer and as set by the following terms and product descriptions from within the website. The description of the goods, the price, VAT incurrences, insurance options and liabilities and all delivery costs are laid out for you, the customer, throughout the site and ordering process. Your order will be confirmed both on screen and by email. Invoices will be available. 2. We may, from time to time and at our sole discretion, vary the nature and/or the appearance of the goods we advertise, if these variations do not affect the material value of the product and its suitability as was advertised.
2. Your Order
1. The quantity, quality and description of the goods provided by us will be those presented by you in your order, providing that the order is accepted by us. 2. We reserve the sole right to reject any order, reflected in the circumstances of availability of goods, current pricing levels, the confirmed acceptance of a suitable method of payment and the placement of you, the customer, within our delivery area. All circumstances will be considered, extraneous or otherwise.
1. If in the circumstance of a price change due to the responsibility of a manufacturer, we reserve the sole right to subject goods we advertise to a different level of costing.
2. All charges placed by us will be fully detailed to you, the consumer, throughout the website and within your invoice. Delivery charges and VAT incurrences will be shown clearly and concisely before a commitment to order is necessary.
4. Terms of Payment
1. Payment will be taken for the full cost of the order upon receipt of said order, on the understanding that delivery will occur within 28 days. We endeavour to provide goods ordered within our set time scale of 28 days. However, in the unfortunate circumstance that a lead time for any order becomes greater than 28 days, unless previously stated at time of order placement, we will allow full cancellation and will reasonably refund any payment received.
2. If it is not possible to obtain payment from the source or account which you as the customer have specified, we reserve the sole right to cancel any order and/or contract we have with you, as well as the entitlement to suspend any further usage you may wish to have within the website. This does not affect any other rights you may have. This does not affect any other rights we may have. 3. We will take all reasonable care to keep all information connected with your order as secure as is physically possible but we 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 website, unless this is solely due to our negligence.
1. Any order placed will be delivered to the address and specification as stated by you at the placement of said order. We give you the customer the right to state where or how you would like goods to be delivered in the event you are unable to accept them personally. Responsibility is transferred to the third-party delivery service and we waiver any right to responsibility once goods are tendered to their administration and care on the understanding we have kept to the terms specified in our policy and placed by you to the best of our ability. 2. We aim to deliver all products within a lead time of 28 days. If an expected lead time should be greater than 28 days, then a projected date of delivery will be clearly stated on the website. In the unfortunate event of circumstances beyond our control occurring, we will endeavour to get the order to you as quickly as is reasonably possible, having contacted you and discussing any options available. 3. Please note, we do not deliver outside of mainland Britain and all transactions are in £GBP.
6. Risk and ownership
1. The responsibility of risk of damage or loss to any goods provided by us passes to you once the goods have been delivered or left to any specification placed with your order.
2. Only once goods have been successfully received and any orders completed is transfer of ownership complete. Until this time we still retain ownership rights of any product.
3. Any goods purchased are not for general or private resale.
7. Returns Policy
At Birchalls the Riding Shop we will always try to provide you with exactly what you have requested and ordered, in a condition that is acceptable to both you, as the consumer, and us, as the retailer. However, understandably, in extreme circumstances, orders may not be to the satisfaction of neither you nor ourselves, in which case please review our returns policy as specified below.
1. Incorrect Goods In the event that an item not placed by you within an order is received, a return within 28 days, provided the product remains unused and in original packaging, will be covered by ourselves with apologies.
2. Damaged in Transit Should an item placed in an order arrive faulty, damaged or not as expected with no previous warning or contact from ourselves, a refund or replacement will be available within 28 days of receipt, providing said product is returned with packaging and delivery details. Please retain an order number and an invoice number for any returned goods.
3. General Returns and Refunds Should an item not be to your satisfaction upon receipt, we will be happy to accept it back within 28 days of delivery and will offer a full refund to the value of the product. Please note, carriage fees for returns must be paid by you, the consumer, in these circumstances. If the item has been damaged, used or is not returned in its original packaging, we reserve the sole right to withhold a percentage of the refund value if the item needs to be reduced in price for resale.
8. Cancellations Policy
To cancel an order placed with us, customers must contact our sales team within 48 hours of placing said order. Please note, should an order already have been processed, we retain the right to charge a percentage for handling costs incurred by ourselves.
9. Our Liability
1. We accept unlimited liability for death or personal injury caused by our negligence.
2. Entitlement for a refund or replacement of a dysfunctional or faulty product or a product sent in error by us is dependent upon the return of goods in a presentable manner, complete with original packaging and in a state that shows no usage.
3. We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer. We shall, however, be liable for losses that you suffer because of our breach of contract and that could have been contemplated by both you and us at the time the contract is concluded.
4. These terms and conditions do not affect your statutory rights as a consumer.
5. As we endeavour to guarantee the best service to our customers, we reserve the sole right to make changes to the products we stock and the appearance of the website on which the products are placed. This is in the best interests of the consumer. Please note, whilst we maintain our efforts in keeping our products as accurate to their descriptions as possible, changes in colour, size or manufacturer must be anticipated and accepted, with the proviso that any changes to the product will become changes in the description as soon as is reasonably possible.
6. The content of the website is directed solely at those people that lie within our delivery area. We accept no responsibility for any distress caused due to this regulation.
7. We assume no responsibility for the contents of any other websites or businesses advertised or shown within the Pleasant View Garden Centre or Birchalls the Riding Shop domains.
10. Matters beyond our control
We will not be liable to you or in breach of any contract for delay or failure to perform due to a cause beyond our reasonable control.
1. All the written, photographic and design elements of the website, 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 reserved. 2. None of this material may be used without our written permission. Single copies may be taken for single use or reference. 3. All names, logos, slogans, or other phrases may be a trademark of ours or another person or corporation. All unauthorised use of such a trademark is unlawful.
12. Complaints and Comments
If you have any complaints or wish to contact us here at Birchalls the Riding Shop please email us or contact us by post at: Birchalls the Riding Shop, Pleasant View Garden Centre, Plough Wents Road, Chart Sutton, Maidstone Kent ME17 3SA Email: email@example.com Or by telephone on 01622 844104
13. General Disclaimer
1. Correspondence to you will be to the address, phone number or email address that you specify to us. It is important that you give us an accurate and valid contact details and update us with any changes to waiver responsibility from both parties.
2. If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.
3. To the extent that any provision of these terms is found by any court or 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.
14. Governing law and jurisdiction
These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
Birchalls The Riding Shop
Pleasant View Garden Centre
Plough Wents Road
T: 01622 844104