Terms and Conditions

Consumer Terms of Sale
www.yorkflishingflies.com

Please read these terms and conditions of sale carefully (Paying particular attention to Section 6 Returns Policy) before placing your order. It is also advisable to retain a hard copy of your sales order for future reference.

1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by York of Norfolk Ltd T/A yorkofnorfolk.com, whose registered office is C/O Wheeler & Co, 16 North Street, Wisbech, Cambridgeshire. PE13 1NE, registered in England and Wales No. 05785657 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
2.2 The materials needed to manufacture are subject to availability. If on receipt of your order the goods required are not available in stock, the Supplier will inform you as soon as possible and if delivery of your order is expected to be delayed beyond 28 days then the Supplier will offer to refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.

3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 Orders placed with the Supplier will be delivered within 28 working days at the latest, but with a target of 5 working days to allow for packing and delivery.
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.6 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.7 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery.
4.8 Please keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.

5. Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

6. Your right of cancellation and Returns Policy
6.1 Under the Consumers Protection (Distance Selling) Regulations 2000 you have the right to cancel any order within 10 working days of receiving it. If you wish to cancel an order you will be responsible for returning the goods to the Supplier at your own cost. Goods must be returned in original packaging as new and unused. Your return will be inspected upon delivery to the supplier and providing the goods have been returned as required you will be issued with a refund or re-credit.
6.2 In the unlikely event that goods arrive faulty, damaged in transit, or are incorrect please inform us within 48 hours so that we can replace or repair the goods in accordance with your statutory rights.
6.3 Please re-pack in the original packing any faulty, damaged or incorrect goods and return by post to the address below. We will refund the cost of postage incurred & re-supply the goods correctly.
6.4 These conditions do not affect your statutory rights.

7. Warranty
7.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
7.3 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing or via e-mail as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. Initially you will be responsible for returning the goods to the Supplier at your own cost, your return will be inspected upon delivery to the supplier and providing the goods have been returned as required you may be issued with a refund for the carriage costs incurred. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.

8. Limitation of Liability
8.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.

9. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

10. Applicable Law
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

11. Copyright Notice
All content in what ever format found on the yorkofnorfolk.com web site is copyright of it's respective owner(s) and legal action may be taken if any person(s) or business is found using the content found on the yorkofnorfolk.com web site without permission in advance. In addition to the above copyright notice any person/persons or businesses wishing to use hyperlinks or links in any other format to link the yorkofnorfolk.com must first obtain permission in writing and legal action may be taken if deemed necessary by the legal owners of yorkofnorfolk.com if permission was not obtained in advance or if permission was denied.


    

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