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Terms & Conditions

Shopping Cart Terms & Conditions

Information about us

  1. The website available at www.avernaco.com (the "Website") is operated by Avernaco Ltd (company number 10658032) registered in England and Wales with a registered office at Station House, Rusper Road, Horsham, West Sussex, RH12 4QL, UK. References to “we”, “us” and “our” shall be deemed to be references to Avernaco Ltd. References to “you” and “your” shall be deemed to be references to any person using this Website and/or placing an order via this Website.
  2. These Shopping Cart Terms & Conditions (together with our Privacy & Cookies Policy) tells you information about us and the legal terms and conditions ("Terms of Purchase") on which we sell the products ("Products") listed on the Website to you. These Shopping Cart Terms & Conditions are supplemental to any additional terms that might apply to your use of this Website and which may be set out separately. These Shopping Cart Terms & Conditions will apply to any contract between us for the sale of Products to you ("Contract").

Placing an Order

  1. By placing an order for Products (“Order”) with us you will be deemed to have read, understood and agreed to these Shopping Cart Terms & Conditions. If you are unclear about any aspect of these terms, then you should contact us before placing an Order with us either by telephone on 01403 599222, by email at sales@avernaco.com or by post using the address given below.
  2. By placing an Order via this Website you are making an offer to us to purchase/acquire the Products detailed in your Order upon the terms described in your Order. Our Website's shopping pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order to us. Please read and check the details carefully at each stage of the order process.
  3. Once you have placed an Order we will send you a confirmation that your Order has been received but this is not a confirmation that your offer to purchase/acquire the Products has been accepted by us. A Contract between you and Avernaco Ltd for the sale/acquisition of our Products will only exist once an Order has been accepted, processed and despatched to you.
  4. Where a payment is due from you in order to satisfy an Order your credit/debit card will be authorised when your Order is placed and processed but prior to despatch of the Products to you. This does not affect your statutory rights.
  5. Any dates quoted for delivery are estimated delivery dates only and may be subject to change and we can accept no liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your Order.

Availability

  1. We aim to hold sufficient stocks of all Products advertised on our website. However, occasionally an item will be out of stock and availability of Products is subject to change without notice. If an item becomes unavailable this will be highlighted in your online shopping basket. The stock status for your order will also be notified to you on your Order confirmation.

Your right to cancel & our returns policy

  1. As a consumer, you have a legal right to cancel a Contract (and receive a refund) if you change your mind or decide for any other reason that you do not want to receive or keep a Product. Please note, this cancellation right does not apply in the case of any Products which are unsealed after their delivery.
  2. Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the date 14 days after the day on which you receive the Product or, if the Products are delivered in instalments, 14 days after the day on which you receive the last instalment of the Products ordered.
  3. To cancel a Contract, you just need to let us know that you have decided to cancel. You can contact us to cancel a Contract by email, by telephone or by post using the contact details set out below. If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
  4. If you cancel your Contract we will:
    1. refund you the price you paid for the Products. Products to be returned must include a copy of the paperwork for the original purchase in the package. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop environment;
    2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer; if you elected for express delivery, the additional costs will not be refunded; and
    3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
      1. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see paragraph 15;
      2. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
  5. We will refund you on the credit card or debit card used by you to pay.
  6. If a Product has been delivered to you before you decide to cancel your Contract:
    1. then you must return it to us (to the returns address set out in clause 16) without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
    2. unless the Product is faulty or not as described (in this case, see clause 15), you will be responsible for the cost of returning the Products to us.
  7. If, at the time that you take delivery of them, any Products delivered to you are not of satisfactory quality, do not match the description in your Order or are not fit for their purpose you may return them to us and we will be more than happy to offer you an exchange. Alternatively, if you have paid for the Products and you wish to have a refund we will provide one. If you have returned the Products to us under this paragraph 15 because your Order was wrong, or if the Products are faulty or not as described, we either exchange the Products or refund the price of the Products in full, together with any applicable delivery charges, and any reasonable delivery costs you incur in returning the item to us. None of your statutory rights are affected by these Shopping Cart Terms & Conditions.
  8. To return any Products to us, please enclose the invoice (which comes with your Order) or a copy of it (and we strongly recommended that you retain a copy for your records if at all possible) and clearly mark whether you would like a refund or exchange. Pack the items back in the parcel with the invoice (or copy) and send it back to: Avernaco Ltd, Station House, Rusper Road, Horsham, West Sussex, RH12 4QL.
  9. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.

Delivery

  1. We will contact you with an estimated delivery date, which will normally be within 30 days of the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order).
  2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
  3. You own the Products once we have received payment in full, including all applicable delivery charges.
  4. If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
    1. we have refused to deliver the Products;
    2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
    3. you told us before we accepted your Order that delivery within the delivery deadline was essential.
  5. If you do not wish to cancel your Order straight away, or do not have the right to do so under paragraph 21, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
  6. If you do choose to cancel your Order for late delivery under paragraph 21 or paragraph 22, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

Payment & taxes

  1. Prices (if any) are subject to change without notice, but changes will not affect any Order you have already placed.
  2. We accept online payment in a secure environment by credit or debit card. We currently accept Visa, Mastercard, and Paypal. All prices quoted on this Website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. If your Order is being despatched to a destination outside of the UK then additional or alternative taxes may fall due. Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.

Descriptions and specifications of Products

  1. We take care to ensure that the description and specification of our Products are correct at the time you place your Order via the Website. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the Products.

Disclaimer & limitations of liability

  1. We do not seek to exclude or limit our liability for death or personal injury arising from our negligence or that of our members, agents, directors or employees or for any fraudulent misrepresentation.
  2. To the fullest extent permitted by law and save as provided above, neither we nor any associated person or company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, or in negligence (whether on the part of Avernaco Ltd or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the Products or their use by you.
  3. The limitations of liability in these conditions shall apply equally for the benefit of Avernaco Ltd and any other associated person or company of Avernaco Ltd as if references to Avernaco Ltd included references to each such associated person or company.
  4. While we use reasonable endeavours to ensure that the information on this Website is accurate and up to date, we do not give any warranty as to its accuracy or completeness and we will not be responsible for any errors or omissions or for the results arising from the use of such information.
  5. While we take reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of this Website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
  6. Further, we will not be responsible nor liable for your use of any other websites which you may access via links within this Website. We do not control these websites and we are not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by or affiliation with us.
  7. Our entire liability under or in connection with any Contract for any Products to which these terms apply shall not exceed the price of the Products, except as expressly provided in these terms or by operation of law.

Intellectual property

  1. The contents of the Website (including pictures, designs, logos, photographs, text written and other materials) and all intellectual property rights therein (including copyright, trade marks and registered trade marks) are owned by Avernaco Ltd or our content and technology providers or their respective owners. The copying, modification, scanning, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may:
    1. Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an Order with us; and
    2. Copy, print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do not seek any commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

Events outside our control, assignment & third party rights

  1. We will not be liable to you or be deemed to be in breach of these terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Products ordered by you if the delay or failure was due to any cause beyond our reasonable control.
  2. We may assign or transfer any of our rights or sub contract any of our obligations under these terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms except with our specific permission in writing.
  3. No person who is not a party to these terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

Law & jurisdiction

  1. These Shopping Cart Terms & Conditions and your use of our Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English courts. This does not affect your non-excludable statutory rights.
  2. This Website and our Shopping Cart Terms & Conditions have been designed for use within the United Kingdom and under UK law. While we are happy to consider requests for Products and enquiries from outside the UK, we give no warranty, express or implied, that the use of this Website or the placing of any Order through this Website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.

Our contact details

  1. Our contact details are as follows:

Avernaco Ltd, Station House, Rusper Road, Horsham, West Sussex, RH12 4QL

Registered company number: 10658032

VAT Registration Number: GB 265 5059 90

Telephone: 01403 599222

Email: sales@avernaco.com


© 2018 Avernaco