This agreement applies as between you, the User of this Website and Biltong Emporium, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Means any third party responsible for transporting purchased Goods from our Premises to customers;
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Means any products Biltong Emporium advertises and / or makes available for sale through this Website;
Means Biltong Emporium, Unit 11b, Moss End Garden Centre, Maidenhead Road, Warfield, Bracknell, RG14 6EJ
Means collectively any online facilities, tools, services or information that Biltong Emporium makes available through the Website either now or in the future;
Means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Means our place(s) of business located at Unit 11b, Moss End Garden Centre, Maidenhead Road, Warfield, Bracknell, RG14 6EJ
Means any online communications infrastructure that Biltong Emporium makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
Means any third party that accesses the Website and is not employed by Biltong Emporium and acting in the course of their employment;
Means the website that you are currently using (www.biltongemporium.com) and any sub-domains of this site
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions apply to customers buying Goods in the course of business.
If Goods are being ordered from outside Biltong Emporium’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Biltong Emporium is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Biltong Emporium cannot guarantee that the packaging of your Goods will be free of signs of tampering.
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Biltong Emporium, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Biltong Emporium.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
FAIR USE OF INTELLECTUAL PROPERTY
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Biltong Emporium or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
LINKS TO THIS WEBSITE
Those wishing to place a link to this Website on other sites may do so only to the home page of the site (https://www.biltongemporium.com) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Biltong Emporium. To find out more please contact us by email at firstname.lastname@example.org.
USE OF COMMUNICATIONS FACILITIES
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
You must not use obscene or vulgar language;
In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.
By continuing to use this website you represent and warrant that:
TERMINATION & CANCELLATION
Either Biltong Emporium or you may terminate your Account. If Biltong Emporium terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If Biltong Emporium terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
Biltong Emporium reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
Goods, Pricing and Availability
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Biltong Emporium correspond to the actual Goods, Biltong Emporium is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
Biltong Emporium does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
All pricing information on the Website is correct at the time of going online. Biltong Emporium reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 3 months where necessary.
In the event that prices are changed during the period between an order being placed for Goods and Biltong Emporium processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
All prices on the Website do include VAT.
If you wish to opt-out of our placing cookies onto your computer or device, please use the settings within your browser, however, disabling cookies will cause some aspects of the website to not work correctly. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
Biltong Emporium makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Whilst Biltong Emporium uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
CHANGES TO THE SERVICE & TERMS & CONDITIONS
Biltong Emporium reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Biltong Emporium is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
AVAILABILITY OF THE WEBSITE
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Biltong Emporium accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Biltong Emporium accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts Biltong Emporium’s liability for death or personal injury resulting from any negligence or fraud on the part of Biltong Emporium.
Nothing in these Terms and Conditions excludes or restricts Biltong Emporium’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
PREVIOUS TERMS & CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
THIRD PARTY RIGHTS
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Biltong Emporium.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Biltong Emporium may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click the unsubscribe link on the email.
LAW & JURISDICTION
These Terms and Conditions and the relationship between you and Biltong Emporium shall be governed by and construed in accordance with the Law of England and Wales and Biltong Emporium and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Biltong Emporium aims to always provide high quality goods. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Biltong Emporium within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
If you wish to return Goods to Biltong Emporium for any of the above reasons, please contact us at firstname.lastname@example.org to make the appropriate arrangements.
Biltong Emporium reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
Such discretion to be exercised only within the confines of the law.