TERMS and CONDITIONS
These Terms and Conditions (‘the Terms’) govern your relationship with The Original Stork Company (we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not place an Order for Goods or Services with us. These Terms apply only to consumers who are individuals not acting for the purposes of their business or profession. All Orders for Goods or Services accepted by us will be subject to the following Terms which will form part of and will govern the Contract of sale. No variation of these Terms will be accepted unless agreed in writing by an authorised person of The Original Stork Company. We will not accept the inclusion of any alternative terms by you which conflict with, alter or add to these terms.
1. DEFINITIONS
‘Contract’ means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.
‘Goods’ means an individual product or good including Software as described in our literature or website.
‘Normal Working Hours’ means 9am to 5pm on a Working Day.
‘Order’ means an order for Goods or Services made by you in accordance with these Terms.
‘Order Confirmation’ means our written acceptance of your Order.
‘Services’ means service and support provided by us to you.
‘Working Day’ means Monday to Friday, excluding Bank or other Public holidays.
2. ORDERS
2.1 When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and Conditions and we shall not be obliged to accept your offer at our discretion.
2.2 We will send you an Order Acknowledgement on receipt of your Order. This is not an order confirmation or order acceptance by us.
2.3 We will accept your offer and create a Contract with you by sending to you an Order Confirmation once we have confirmed availability of the Goods or Services, verified your credit card or payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your credit or debit card details before providing you with any Goods or Services.
2.4 The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Goods or Services that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy.
2.5 If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality . Any such changes will be detailed in the Order Confirmation. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and require the refund of any money paid to us in respect of that Order, including carriage charges. This shall be your sole remedy.
2.6 We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed on our website.
2.7 When you place an Order, you are undertaking to us that: (a) all details you provide to us for the purpose of purchasing Goods or Services are correct, and (b) the credit or debit card you use to make a purchase from us is your own card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from us.
3. PRICES AND PAYMENT
3.1 Goods and Services, together with relevant VAT, are invoiced at the price prevailing at the time of your Order.
3.2 We reserve the right to vary our prices from time to time.
3.3 When you submit an Order, you will be notified of any additional charges including shipping and handling costs or insurance.
3.4 We will not supply Goods or Services to you until payment has been received in full.
3.5 Payment for Goods may be made by cash, cheque, Visa, MasterCard and Maestro.
4. DELIVERY AND RISK
4.1 Unless we agree otherwise with you, then we will normally ensure that Goods are delivered to you no later than 14 days from the day after you submitted your Order to us. If we cannot deliver Goods to you within 14 days, then we will give you prior notification and arrange an alternative date. If you do not agree to the alternative date, then you are entitled to cancel the Order and receive a full refund.
4.2 We shall use reasonable endeavours to despatch Goods to you by the estimated delivery date, but we shall not accept liability for failure to deliver within the stated time or on a stated day, where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. You will not be entitled to damages or compensation if delivery of Goods does not occur on the estimated delivery date.
4.3 If a delay is likely, we shall contact you to advise of the delay. You are entitled to cancel an Order when advised of a delay if the revised delivery date is not acceptable to you.
4.4 Delivery is deemed to take place when the Goods are delivered to your nominated address, where upon the risks of loss, breakage and all damage and all other risks shall pass to you.
4.5 If you cannot accept delivery, we may at our option re-arrange delivery provided that we may charge you for the additional delivery costs incurred.
4.6 Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you should either note this on the Proof of Delivery or refuse to accept delivery of the Order.
4.7 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.
4.8 You may request a copy of the Proof of Delivery, provided that this request is made within 7 days of the date of delivery and we shall use reasonable endeavours to provide such proof. If you do not make such a request, or notify us in accordance with clause 4.9 then we shall be entitled to assume that all the Goods in your Order have been delivered successfully.
4.9 You should notify us as soon as possible and in any event no later than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing, the Goods are not as specified in the Order Confirmation or delivery does not take place on the estimated delivery date. If you need to return any Goods, then please see our Returns policy below.
5. RETURNS AND WARRANTIES
5.1 If you need to return Goods to us, for whatever reason, then please send such items to: The Original Stork Company, The Coach House, Manor Stables, Lincoln Road, Fulbeck, Lincolnshire NG32 3JN.
5.2 Except in the case of faulty Goods, returned goods will be rejected unless by prior agreement with an authorised representative of The Original Stork Company.
5.3 Your Right to Cancel
(a) You are entitled to cancel your Order for any reason until, but no later than the end of the 7th Working Day after the day of receipt of the Goods.
(b) You should cancel Goods purchased from us by sending a written notice of cancellation by post or hand delivery addressed to The Original Stork Company, The Coach House, Manor Stables, Lincoln Road, Fulbeck, Lincolnshire NG32 3JN Also at chiefstork@theoriginalstorkcompany.com
(c) On cancellation of an Order, you must return the Goods to us in their original condition and undamaged. When you cancel an order, you will have to pay the carriage costs for returning the Goods to us unless we have not been able to supply the Goods as ordered and have substituted alternative Goods. You must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged whilst in transit. If you do not arrange to return the Goods to us, then you are under a duty to make the Goods available for collection at your expense from the address to which they were delivered.
(d) When you cancel an Order, we will refund the price paid, less any direct cost of recovering the Goods (when applicable), within a period of 30 days from the date of cancellation.
5.4 Care of Goods to be Returned Whilst in possession of the Goods you are under a statutory duty to take reasonable care of them. We reserve the right to claim against you for Goods returned which have been made unfit for resale or damaged whilst in your possession.
5.5 Returns of Defective Goods
(a) In the event that Goods are found to be defective at any time within the first 30 days from delivery then please contact us immediately that you become aware of the defect. In such circumstances, we offer a “no charge” collection service for such Goods. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
(b) We shall at our option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro-rata contract rate.
(c) If we have arranged for a courier collection of your product, this will normally occur between 9.00am and 5.30pm. We are unable to specify a precise collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
(d) On receipt by us of the returned Goods, if following the testing process the Goods are found to be without defect, we will return the Goods to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with replacement Goods before completion of the testing process, you will be liable to pay for these Goods. If, when we examine the Goods, it is evident that the defect has arisen through misuse on your behalf, or if you have altered the Goods, then we reserve the right to refuse or limit any refund.
(e) You should note that these Terms and Conditions do not affect your statutory rights.