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Terms & Conditions 1. Our contract - We must receive payment of the whole of the price for the goods you order before your order can be accepted. Our acceptance of your order brings into existence a legally binding contract between us. Acceptance shall occur on either the debiting of your credit card or the clearance of your cheque. 2. Price - The prices payable for goods you order and their delivery is as set out in our website. 3. Returns - You may return any of the goods delivered to you within 30 days of the date of delivery to our contact address at your own cost and risk. Any sum debited to us from your credit card will be re-credited to your account as soon as possible for any such returned goods PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. 4. Availability - While we endeavor to hold sufficient stock to meet all orders, if we have insufficient stock to deliver the goods ordered by you we will not be obliged to offer compensation for disappointment suffered. 5. Delivery - We will deliver the goods ordered by you as soon as reasonably practicable to the UK address you give us for delivery at the time you make your order. A valid signature is required on delivery. You will become the owner of the goods you have ordered on delivery of them to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 6. Liability - · a. You may return any of the goods delivered to you (including those which are not what you ordered, are damaged or defective, or where the delivery is of an incorrect quantity) upon notifying us of your intention to return such goods and the problem with them (if any) and then returning them within 30 days of the date of their delivery to you to our contact address at your own cost and risk. We shall refund you the price you paid for any goods returned PROVIDED THAT such goods are returned by you and received by us in the condition they were in when delivered to you. · b. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. · c. If you notify a problem to us under this condition, our only obligation will be (at our option): to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way we choose. · d. If the goods in question are not received by us in the condition they were in when delivered to you we shall refund you the price paid for the goods less a handling charge of 20% of the price paid. · e. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph c or d above. · f. All terms, conditions, warranties and representations expressed or implied by statute, applicable local law or otherwise in relation to the goods you order are excluded. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded, nor in any way to exclude or limit our liability to you for any personal injury resulting from our negligence. 7. Force Majeure - We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes). 8. Invalidity - If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. 9. Governing Law - The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have exclusive jurisdiction to resolve any disputes between us. 10. Entire Agreement - These terms and conditions, together with our current website prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing, signed by one of our directors. In particular nothing said by any of our staff should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading.
DISCLAIMERS CONTENT - Bartram Mowers Limited trading is providing this site on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Bartram Mowers Limited makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Bartram Mowers Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. NO DAMAGE ARISING FROM USE - Neither Bartram Mowers Limited nor any of its directors, employees or agents will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims, save that nothing shall exclude or restrict liability for death or personal injury resulting from the negligence of Bartram Mowers Limited, its directors, employees or agents. ALTERATIONS - Bartram Mowers Limited reserves the right at any time to revise its prices or the details given on this site without notice. All orders for products are subject to availability and Bartram Mowers Limited reserve the right to refuse to supply to any individual or company for whatever reason. CREDIT CARD - Bartram Mowers Limited uses a secure server that implements Secure Sockets Layer technology (certified to the required standard for encrypted credit card transactions by Thawte) to protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by customers who transmit information by means of email or other Internet link shall be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by Bartram Mowers Limited. When using a public computer, you must sign out when you have finished shopping. If you discover that goods have been ordered using your credit card by someone not authorised to do so, Bartram Mowers Limited, will refund to you the money it receives provided that: (a) you inform your credit card company and Bartram Mowers Limited of unauthorised purchase as soon as you discover it; (b) you cooperate with your credit card company, Bartram Mowers Limited and, if necessary, the police in relation to the unauthorised use and (c) we have not already dispatched the goods in question to the person or company who actually ordered the goods. COPYRIGHT - All design, text, graphics and the selection or arrangement thereof are the copyright of Bartram Mowers Limited or the manufacturers or suppliers represented on this web site. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Bartram Mowers Limited or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without the prior written permission of Bartram Mowers Limited is strictly prohibited. TRADE MARKS - Bartram Mowers Limited is the owner of the Bartram Mowers Limited trade mark and get-up. All other trade marks, product names and company names or logos cited herein are the property of Bartram Mowers Limited or their respective owners. No permission is given by Bartram Mowers Limited in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
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