Buyer Terms and Conditions
Last updated June 28, 2020
www.spentshells.co.uk (the Website) is a venue which enables you to buy unique products and accessories from us.
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement of with our terms and conditions and therefore have entered a legally binding agreement with Spent Shells (referred to as “we” “our” “us” or “SpentShells”).
The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your ease we have included the definitions within these Buyer Terms and Conditions.
(1) “Spent Shells Services” means the services we supply by making the items, marketing and facititating orders.
(2) “Products” means the items/accessories/products which a Buyer agrees to buy from Spent Shells using the Website, including Commissions and Made to Order, as described in the individual listing on the Website.
(3) “Buyer” means the person and/or organisation who uses the Website and may buy Products.
(4) “Commissions” is Product supplied according to the Buyer’s requirements so the Buyer may choose, for example, a particular size or colour or other variation as shown on the Website. However, the Buyer must bear in mind that Commission is a personal choice and must be clear if the Buyer has any specific requirements. Unless otherwise agreed, commissions may require a non-refundable 50% deposit to be paid in advance with the balance payable prior to despatch.
(5) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
(6) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(7) “Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.
(8) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what Spent Shells has agreed to supply, the price and expected delivery/supply date.
(9) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.
(10) “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers..
(11) “We”, “Us”, means the organisation who supplies and owns this Website, Spent Shells, whose office is at Haining Head Farm, Bellingham, Northumberland, NE48 2HZ. E-mail firstname.lastname@example.org.
(12) “Website” means the website and all content at www.spentshells.co.uk
(13) “Working Days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.
(1) These Terms and Conditions apply the use of the Website and purchase of Products and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.
(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as you have placed your order.
(4) Any queries must be in writing to the address stated in Clause 1(11).
3 THE PRODUCTS
(1)(a) Details of the Product for sale are displayed on the Website and are correct to the best of our understanding, it you require further information please email us before placing your order.
(b) Any quotes will be valid for a period of 14 days. Any specification, description or Product details in any format or any form of advertising material are shown by us to provide some indication of the Product and are not part of any agreement unless specifically stated within the Product description on the Website.
(2)(a)(i) We reserve the right not to accept orders for any reason.
(ii) Once your order has been accepted you will be provided with an Order Confirmation email
(b) Details of the Product which we will supply to you are contained within the Order Confirmation. Only the Product as detailed in the Order Confirmation is included.
(3) If we are unable to supply any Product item then we will, at our sole discretion, either
(a) Offer an alternative OR
(b) Cancel the order, and you will be provided with a full refund within 14 days.
(4)(a) Commissions – the Website will show a price for a commission, based on your requirements. That price is payable once an order is placed by you. Once an order has been placed and work commenced you are not able to cancel a Commission.
(6) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Products.
4 PRICE AND PAYMENT
(1) The price of the Product is as displayed in GBP on the Website at the time of purchase. Please refer to clause 3(4) for Commissions. The price that you will pay will be confirmed in the Order Confirmation. Additional Products or services will be subject to additional charges.
(2)(a) The Price will include standard delivery as calculated at the Order Checkout.
(b) An additional charge will be made for anything other than standard delivery and for some UK and International Deliveries (see clause 6 following), according to the address, size and weight of the Product.
(3) Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment the Website accepts. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order,
(4) Once you have placed an order you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, your order will be deemed cancelled
8) For International sales see clause 6 following.
(1)(a)(i) Delivery is arranged by us to the address, as provided by you, on the Order Confirmation.
(ii) Delivery times are estimates and not guaranteed. For example, our 48-hour delivery service states that the Product will be delivered within 2 business days but this is not a guaranteed service
(b) UK shipping can be to an address in Mainland UK. Please contact us and confirm whether the address you wish to use for delivery qualifies for this before placing your order. There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK.
(c) Multiple Products within an order may be despatched individually.
(d0 If you have any particular shipping requirements then you must please contact us direct by email.
(2)(a) Other than for Commissions, unless the applicable listing or Order Confirmation says otherwise, we aim to dispatch Product to you within 3 days of the date of accepting your order to comply with the law. If there is going to be a delay we will let you know by email.
(b) However, despatch and delivery times are only estimates and we are not responsible for late delivery or unavailability of Product.
(c) For Commissions
(i) we aim to provide you with estimated delivery dates within 7 days of the date of your order and aim to deliver within 30 days of the date of your order.
(ii) if we unable to deliver within 30 days of the date of your order then we will, at our discretion, either
(i) provide you with a revised delivery date or
(ii) cancel your order and refund payment made by you.
(3) If for some reason we are unable to dispatch the exact Product you have ordered, then we will email you and offer you an alternative item.
(4)(a) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Product. Risk in Product passes to you upon delivery.
(b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
(5) Delivery of Product will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Product but also the state of the package received – see (6) below.
(6) When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Product for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, ‘Received Damaged’. In the subsequent event that the Product is found to be damaged, please email us at email@example.com
6 INTERNATIONAL SALES
(1)(a) The price is displayed in British pounds (GBP) and so you will be paying using GBP.
(b) Your payment method provider may make a charge for paying in GBP and they will also calculate the rate of currency exchange.
(c) Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.
(3) Delivery of Product to an address outside the UK is at your own expense and risk and so we always advise that as some Product contains animal feathers or used ammunition cases you to check directly with customs officials in the country where any delivery address is located so that you understand what restrictions, duties or other charges may be imposed if you ask goods to be delivered to that country.
(4)(a) You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
(b) In addition to the actual purchase price of the Product, you will be solely and fully responsibility for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.
(5) This means that we will not be responsible for any costs incurred as a result of any delivery of Product to you.
(6) With all international sales we also recommend that you
– check the unit of weights and measurements used (for example imperial inches or metric centimetres)
– remember to allow extra time for delivery of your Product
– if you have any queries about the Product or shipping and delivery please contact us direct by email and we will be happy to deal with any questions you have.
7 CONSUMER CANCELLATION RIGHTS
(1) This clause only applies to you if you are a Consumer within the UK and want to exercise your Consumer cancellation rights.
(2)(a) UK Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to us, to obtain a refund. (ii) Please note that these cancellation rights do not apply to any Made to Order Artwork.
(b) If you are unsure as to whether you are purchasing as a Consumer please check this before placing your order.
(3)(a) If you would like to return your order, please confirm this in writing by emailing us at firstname.lastname@example.org within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about the Returns Method, about how and when to return the item to us and provide you with a Cancellation Form if you would like to use it.
(b) However, once you have cancelled in writing, we do advise you to contact us first, before returning an item.
(4) Unless it has been agreed otherwise (see clause 7(3) above)
(a) Product should be returned unused/unworn and in perfect condition with the original packaging and labels attached, within 14 days of the date you advise us of your cancellation, at your expense to us using the postal address as provided on the delivery note. We always advise that you return Product using a service which provides you with proof of sending as risk in the item remains yours until it is delivered to us.
(b) You will be responsible for the costs in returning the item to us.
(5) We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels prior to sending it back to us.
(6) The law enables sellers (Spent Shells) to deduct an amount from your refund if you have diminished the value of the Product by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
(7)(a) Where you cancel an order for Product then we will refund you within 14 days of the date we receive the Product in good condition as per Clause 7 (4a) above.
(b) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
8 FAULTS, PROBLEMS WITH YOUR ORDER AND RETURNS
(1)(a) Where there is a problem with your order, such as the wrong Product arrives or any Product is faulty or missing, then we ask that you contact us directly within 14 days after the day you received the Product.
(b) Consumers may have a right to reject some faulty Product but this right is limited to 30 days from the date you purchased the Product.
(2) Depending on the problem with your order we will advise you whether
(a) You should send photos of the damaged Product and packaging and retain the Product as you are advised should the courier (or their representative) wish to inspect it and/or
(c) Ask you to return the Artwork to us
(d) You should retain the Product and all original packaging for 30 days so that it can be inspected
(3) When returning any Product we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email, and attach it to the parcel.
(4) Within 14 days of receipt of the faulty Product we will either
(a) repair the Product OR
(b) provide a replacement OR
(c) provide a refund, to include any standard delivery charges you paid when you placed your order
(5) Refunds are made with 14 days of the date the Product is received by us using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
9 LIMITATION OF LIABILITY AND INDEMNITY
(1)Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(3)Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Product.
(4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.