Terms of Use

This page (and the documents it refers to) tells you the terms of use on which you may use or browse our website www.simplyalpaca.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.

1. ABOUT US
www.simplyalpaca.co.uk is a site operated by Victoria and Roger Barrett ("we" or “us”). Our address is Kings Lodge, Alcester Road, Flyford Flavell, Worcester r7 4DF and our email address is simplyalpaca@btinternet.com

2. OUR SITE
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

3. VARIATIONS
We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

4. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.

5. RELIANCE ON INFORMATION AND LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy.

7. LINKING TO OUR SITE
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of material on our site other than that set out above, please address your request to simplyalpaca@btinternet.com

8. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

9. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

10. JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

1. TRADING TERMS
1.1  In consideration of SIMPLYALPACA allowing you to access our website ('website') you agree to be bound by the terms of use and if you purchase goods using our website you agree to be bound by the terms and conditions of sale.
1.2  The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products and services (each a “Service” or, two or more, the “Services”) from the Site. By ordering any Services from our Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent.
1.3  We reserve the right to change these Trading Terms from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.

2.  CONDITIONS
2.1  Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2  These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Clicking for an order shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 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.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

3. ORDERING
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 by the Seller 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.
3.3 When making an order through this Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4. PRICE AND PAYMENT
4.1 The price of the Goods to UK based Buyers shall be in £GBP at the level stipulated on the Website. 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.
4.2 After the order is received the Seller shall confirm to the Buyer the details, description and price for the Goods. Payment of the price must be made in full before dispatch of the Goods by the Seller.
4.3  Goods supplied to buyers from outside the UK will have provided to them a separate price estimate to include delivery, as part of the order acceptance process.

5. RIGHTS OF SELLER
5.1 The Seller reserves the right periodically to update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
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. WARRANTY
6.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose. 
6.2  We have taken reasonable steps to display as accurately as possible the colours and other detailing of our Services in the images that appear on our Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the Service(s) upon delivery.

8. SECURITY
8.1  We understand that you may have concerns about security on the internet. Our Site uses a secure server in our online ordering process to protect your personal information.
8.2  When you proceed to the checkout, before you are prompted to complete your billing and shipping address, your browser will go into secure mode. Data relating to your order and your personal and payment card details will all pass to our server in an encrypted format. As soon as you have finished ordering you will exit secure mode. As an additional protection for you, our system is designed so that you cannot place an order until you are safely within secure mode. 
8.3  We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

9. DELIVERY
9.1 Goods supplied to Buyers within the UK will normally be delivered within 7 working days of acceptance of order. Orders made after 10am on a Friday will be posted on the following Monday. Goods supplied to buyers from outside the UK will have provided to them a separate time of delivery estimate as part of the order acceptance process. Buyers from outside the UK will be responsible for obtaining any relevant import licence and for payment of any Customs duties.         
9.2. 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. 
9.3  In the event of a loss of package the Buyer should contact the Seller and a replacement will be dispatched. The Seller will undergo necessary procedure to claim loss of package from the Royal Mail.
9.4  Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. 

10 CANCELLATION AND RETURN
10.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller via phone, email or post within 14 working days of delivery, if the Goods are damaged or do not comply with the order. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.2  Where a claim of defect or damage is made the Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.
10.3  Goods can be returned, we suggest, either by courier or by recorded delivery mail or other form of certified mail. We advise that you take out enough postal insurance to cover the value of the contents. Good can be exchanged or refunded if the ordered size is found to be inappropriate. The Buyer will be under a duty to take good care of the Goods until they have been returned.The Buyer will receive a refund of all monies paid for the Goods within 30 days of cancellation.
10.4  Where returned Goods are found to be damaged through no fault of the Seller, the Buyer will be liable for the cost of the Goods.

11  LIMITATION OF LIABILITY
11.1  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. 
11.2 FORCE MAJEURE: The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, (Force Majeure) and the Seller shall be entitled to a reasonable extension of its obligations.