1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 10;
Goods: the goods that We are selling to you;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Premier Guns (Doveridge) Limited Eaton Hall Farm Upwoods Road Doveridge Ashbourne DE6 5LN
1.2 When We use the words “writing” or “written” in these Terms, this will include
e-mail unless We say otherwise.
2 OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully.
2.3 These Terms will become binding on you and Us when We accept your order for the goods at which point a contract will come into existence between you and Us.
2.4 Our website, catalogue and brochures are solely for the promotion of Our Goods.
2.5 The images of the Goods on Our website, in Our catalogue or Brochures, are for illustrative purposes only. Although We have made every effort to display the Goods accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3 DELIVERY OF GOODS
3.1 Please note that timescales for delivery will vary depending on the availability of the Goods.
3.2 You will own the Goods once We have received payment in full.
4.1 Where the Goods are guns it is a condition precedent that you provide to Us such original documentation as We require of you to enable Us to comply with the requirements at law applicable from time to time to check and record that you are entitled to purchase and possess the gun(s).
4.2 There will be occasions when for your convenience we agree to arrange for delivery of Goods which are guns to a distant dealer who is near to you to act as our agent solely for the purpose of checking the Goods prior to delivery and complying with the condition precedent in 4(1). Should you subsequently have a complaint as to the Goods you must direct this complaint to us directly.
5 IF THE GOODS ARE FAULTY
5.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.2 You must inspect the Goods as soon as possible upon delivery and in any event within 14 days. After that We shall be entitled to presume that the Goods are as described.
6 THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS
6.1 The Goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.
6.2 This guarantee is in addition to and does not affect your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7 SELLER’S GUARANTEE OF GOODS
7.1 We guarantee that on receipt of delivery and for a period of twelve months from receipt of delivery the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2.
7.2 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party without Our prior authorisation;
(e) any specification provided by you;
(f) damage caused by the use of unsuitable ammunition including home loaded cartridges;
(g) used guns: Up to 50 years old in which case the period is 3 months and excludes wooden parts and firing pins; and
(h) used guns: Over 50 years old in which case the period is 1 month and excludes wooden parts. There is a limited mechanical guarantee, full details of which will be supplied on request.
7.3 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8 PRICE AND PAYMENT
8.1 The price of the Goods will be those in force at the time We Confirm your Order. Our prices may change at any time, but price changes will not affect contracts that We have agreed with you.
8.2 These prices include VAT unless We indicate to the contrary. However, if the rate of VAT changes between the date of the contract agreement with you, and the date of delivery We reserve the right to adjust the rate of VAT that you will pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 Where delivery includes carriage or posting the prices for the Goods exclude carriage or delivery costs, which will be added to the total amount due unless we have agreed to the contrary.
8.4 Where We are providing Goods to you, you must make payment of Goods in advance by cash, cheque, electronic transfer, credit or debit card (at Our discretion). We reserve the right to impose a limit upon the amount of payment by cash.
8.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after Judgment. You must pay Us interest together with any overdue amount.
8.6 We may act as agent from time to time for a credit company providing retail finance under the Consumer Credit Act 1974. If We agree to provide credit facilities you will enter in to a credit agreement which will contain separate and
additional terms by which you will be bound. As a consumer you will have legal rights in relation to Goods supplied under a credit agreement. Nothing in these terms will affect those legal rights.
9 OUR LIABILITY TO YOU
9.1 We only supply the Goods for domestic and private use. If You choose to use the Goods for any commercial, business or resale purpose We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9.2 We do not exclude in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by sections 9 -14 Consumer Rights Act 2015 (satisfactory quality, fit for particular purpose, description, pre contract information, match sample and match model);
10 EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control including without limitation industrial action by third parties, civil commotion, riot invasion, terrorist attack or threat of terrorist attack, or act of God.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
11 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 Before the Goods are delivered you may cancel the contract for the supply of the Goods (other than made to measure Goods) because We are affected by an Event Outside Our Control.
11.2 If you cancel a contract under clause 11.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges.
12 OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 We may have to cancel before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) We will promptly contact you to let you know;
(b) If you have made any payment in advance for Goods that have not been delivered to you We will refund these amounts to you.
12.2 We may have to cancel an Order before Goods comprising a gun or guns are delivered because you have failed to comply with the condition precedent as to entitlement at law to purchase and possess the gun at 4 above. If this happens we shall be entitled to retain such part of any payment in advance that fairly represents expenses and loss of profit that We have suffered, before accounting to you for the balance if any.
13 INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 We are a company registered in England and Wales. Our company registration number is 05871817 and Our registered office is as set out at 1.1.
13.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example) to cancel the contract), you can send this to Us by e-mail, by hand, by pre-paid post to Premier Guns (Doveridge) Limited Eaton Hall Farm Upwoods Road Doveridge Ashbourne DE6 5LN and/or [email address]. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address which you provide to us.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods;
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us; and
(d) in connection with an application for credit submitted by you in order to purchase the Goods.
14.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
14.3 We will not give your personal data to any other third party other than Our professional advisers or as required by law.
15 OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under these Terms to another Organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract.
15.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 If we fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with these obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.4 These Terms are governed by law of England and Wales. You and We both agree to submit to the exclusive jurisdiction of the courts of England and Wales.