Terms & Conditions of Sale
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Exotic-Pets.co.uk of Bagthorpe Farm, Hollins, Old Brampton, Chesterfield, Derbyshire S42 7JH;
1.6 "Terms and 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.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 Once the consumer has ordered, they are agreeing to be bound by the Terms and Conditions.
2.3 Any variation to these Terms and 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 Terms and Conditions and are subject to acceptance by the Seller. 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.
4 Price and Payment
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price does not include delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
5 Rights of Seller
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 Age of Consent
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods are, as described, fit for purpose and of satisfactory quality.
8.1 Goods supplied within the UK will normally be delivered within 10 working days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within 21 working days of receipt of order.
8.3 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 receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 Cancellation and Return
9.2 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 any return postal charges if the Goods are in fact defective.
9.3 If you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller (emailing Exotic-Pets.co.uk with an order enquiry) within 7 working days of receipt of the Goods.
9.4 Goods must be returned by the Buyer and we advised they be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods if received by the Seller in good condition. However, if the Contract is cancelled after 7 working days, the Buyer will cover the cost of returning the Goods.
9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.7 Order cancellations received after 7 working days of the Consumer accepting the Goods are not entitled to a refund. The Seller may accept the Goods back with a re-stocking fee of 50% of the total order value (excluding delivery charges). All order cancellation requests must be placed by emailing Exotic-Pets.co.uk with an order enquiry.
10 Limitation of Liability
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and 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 or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
11 Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.