Terms and Conditions for the Sale of Goods
Terms and Conditions for the Sale of Goods
You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions, you must click on the button marked “I Agree” at the end of the document.
Please note that you may only purchase Products from this site if you are over 18 and resident in Mainland England, Wales or Scotland.
(1) Definitions and interpretation
In this Agreement “we” means Outdoor Experience Limited (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your Order;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the Site;
“Second Acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and
“Site” means the website at www.outdoorexperience.co.uk or any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add any of the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; (iv) you will be transferred to the Sage Pay website, and Sage Pay will handle your payment; (v) we will then send you the First Acknowledgment; and on-screen confirmation (vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by viewing you basket. You may correct those input errors before placing your Order by amending/editing your basket.
(3) About us
Our full name is Outdoor Experience Limited. Our registered office is: The Glen, Wheal Butson, St. Agnes, Cornwall, TR5 0PU and our principal trading address is Higher Brocks Plantation, Teigngrace, Newton Abbot Devon, TQ12 6QZ. Our company registration number is 3318234 Our email address is email@example.com.
Our VAT number is 692515125.
(4) The Products
Each of our products can be identified elsewhere on our website. The purchaser should ensure that they have correctly identified the product(s) by the individual descriptions given.
(5) Price and payment
Prices for Products are quoted on the Site. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product’s correct price will be stated when your basket purchases have been confirmed.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when your basket purchases have been confirmed.
Payment must be made at the end of the purchase process. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
The prices on the Site include any value added or sales taxes (where applicable).
Payment for all Products must be made by Credit/debit card (excluding American Express).
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
We will arrange for the Products to be delivered to the address for delivery indicated in your Order. Terms of service are available from our chosen courier.
We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is set out in our Second Acknowledgement, within five working days of the date of our Second Acknowledgement. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within three working days of receipt of payment and the date of our Second Acknowledgement.
We will only deliver Products within Mainland England, Wales and Scotland.
(7) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
(8.1) Returns Policy & Useful Information
At Outdoor Experience, we have a long history of dealing with reputable companies who we believe provide good quality, reliable goods. However, once in a while, an item that doesn’t meet our high standards of quality control slips through the net and makes it into the hands of one of our valued customers.
Alternatively, one of those valued customers may have made an error of judgement themselves, either with the selection of their purchases or in the use of their item.
The details below explain our procedures relating to the returning of goods purchased from www.OutdoorExperience.co.uk
Items purchased from our retail shops are not covered by this policy and you should refer to your till receipt for details of our in-store purchase returns policy.
ALL ITEMS MUST BE INSPECTED IMMEDIATELY UPON RECEIPT. FAILURE TO DO SO MAY RESULT IN THE WARRANTY BEING INVALIDATED AND US NOT BEING ABLE TO ASSIST YOU FURTHER.
Help! I’ve ordered the wrong item!
If upon receipt of your delivery you decide that although we’ve fulfilled your order perfectly, the item that you have in front of you isn’t the one that you required, then please contact us immediately, via telephone on 01626 832792 or by email on web@OutdoorExp.co.uk
We will be happy to accept the return of an item if we are notified within 7 days of the date of delivery. All items being returned to us must be unused, in their original packaging, and in perfect condition so that we are able to re-sell them to another customer. The item must be received by us within 28 days from the date of delivery. Upon receipt of the returned item we will inspect the goods and if all is well we will issue a refund to you for the full value of the item, except for Tent and Awning returns where a handling charge of 10% of the tent or awning value will be applied. We will not be able to refund the original carriage cost, or any cost incurred by you in returning the item to us. We recommend that you use registered post or guaranteed delivery when returning items to us as we will not be held liable for any goods “lost in the post”. Where “free” delivery was awarded at the time of purchase, the cost of this will be deducted from any refund made to you.
Should you decide that you would like the item replaced by an alternative product, then you should order this from our website in the usual way.
My delivery has arrived but my goods are faulty or there is a shortage. (EXCLUDING TENTS & AWNINGS)
Although we expect all of our products to be in perfect condition when we receive them, occasionally a product may not meet our high expectations. When this situation arises, we must insist that the following procedure is carried out, as we may not be able to address the situation if any deviation has occurred.
All goods should be inspected upon delivery. We MUST be advised of any issue within seven days of delivery.
Upon discovering the fault, you must immediately contact us either by telephoning our Web Returns department on 01626 832792 or by emailing web@OutdoorExp.co.uk
We will discuss the problem with you, and if necessary, arrange collection of the faulty product.
Once we have received the faulty item, either ourselves or the manufacturer will inspect the product to identify the detail of the problem.
If after examination, we agree the goods are faulty, we will send a replacement item to you.
Should, upon inspection, we or the manufacturer discover that there is no fault with the product, or that the fault highlighted has been caused by misuse, then we will make a charge to you to cover our collection and re-delivery costs, plus a £10.00 handling fee.
We reserve the right to replace or repair any part of any faulty item under the manufacturers guarantee, with proof of purchase, within 12 months from the date on your purchase receipt.
All faulty returned items should be returned with their original packaging and documentation and accompanied by a completed Customer Return Form. The information given on this form will help us to identify any issues with the product and speed up the returns process.
Outdoor Experience Picking Packing and Postage Errors
Once in a while our staff will make a mistake when picking, packing and posting your order. Although this doesn’t happen often, simple human error can cause our effective, streamlined machine to throw a cog and you end up with something you didn’t order, or even want. If this is the case, please contact us immediately by telephone on 01626 832792 or email web@OutdoorExp.co.uk and we will arrange for collection of the “wrong” items and at the same time, delivery of the items that you wanted in the first place! Obviously the member of staff concerned will be severely berated, and you will receive our sincere apologies.
Issues concerning Tents and Awnings
Each Tent or Awning that we sell contains instructions from the Tent or Awning Manufacturer.
Many of the issues that our customers have with their products are due to these instructions either being ignored or not followed correctly. Please ensure that BEFORE you begin to assemble your purchase, the instructions are read carefully, understood and adhered to during assembly. In our experience, very few Tents and Awnings are actually faulty before they leave their packaging, but are damaged during the assembly process.
The wrong Tent or Awning has arrived!
If when your delivery arrives you discover that we have not sent the product that you ordered, please refer to the “Outdoor Experience Picking, Packing and Postage Errors” section above. Please do not unpack or attempt to pitch the product as this will then deem the tent to have been “used”.
I’ve ordered the wrong Tent or Awning!
Should, upon receipt of your order, you realise that you have ordered the wrong product from us, don’t panic! Please read the section above entitled “Help! I’ve ordered the wrong item!” Please ensure that the item remains packed, untouched and in perfect condition. Once the tent or awning has been pitched for the first time, it becomes a “used” item, even if this has been done in your front room!
If you have read the instructions provided by the Tent or Awning manufacturer at least twice and are still having problems pitching your purchase, please feel free to give us a call. Quite often there will be an easy answer to your difficulty and one of our experienced staff will be happy to try and solve your issue before you get too frustrated!
There is still definitely something not quite right!
After erecting your tent or awning (carefully following the instructions), if you feel that the product is damaged or faulty, then you must inform us of the issue within 7 days of receipt of the item. Firstly, with the help of the manufacturer, we will try to resolve the fault at a distance i.e. by giving a solution to the problem by phone or e-mail or by posting you a replacement part (e.g. a pole section, pegging rubber, etc.). If none of these processes produce an acceptable result, then we will arrange with you for the return of the tent or awning (or problem part) for inspection of the fault or issue by our in-house team and possibly by a manufacturer’s representative. Until the inspection process has been completed we will not be able to issue you, the customer, with a replacement product (or part) or a refund (unless under exceptional circumstances).
If the company/manufacturer is happy that the damage or fault is as a result of a manufacturing problem or defect, we will be happy to release a replacement tent or awning (or part) to you and will arrange for delivery of such.
Please be reminded of some of the basic “Sale of Goods Act” stipulations. If you are returning goods to us (faulty or otherwise) within 28 days of purchase (and you have notified us within 7 days of receipt of delivery) you may be entitled to a repair, replacement or a refund. At Outdoor Experience, we reserve the right to replace or repair any part of any faulty item under the manufacturers guarantee, with proof of purchase, within 12 months from the date on your purchase receipt.
After 28 days you are only entitled to a repair or a replacement under the terms of the manufacturer’s warranty (which will usually cover you for 12 months after purchase) or, under certain circumstances, a credit note. If you have returned faulty goods to us, we are entitled to a ‘reasonable period’ to inspect the goods and reach an informed decision. Trading Standards has deemed that a ‘reasonable period’ for goods not in daily use as being 28 days.
Remember, once an item has been used (including tents & awnings put up once), your right to a refund is compromised.
Manufacturer’s Warranty – What’s covered and what isn’t
The lists below show a generalisation relating to most manufacturers warranties for tents and awnings. Please be aware!
COVERED: MISSING or WRONG PARTS MISSED or FAULTY STITCHING
FABRIC FLAWS LEAKING UNLESS OTHERWISE SPECIFIED
MIS-SHAPEN POLES FAULTY ZIPS
NOT: DAMAGE or LEAKING CAUSED BY USER ERROR
DAMAGE or LEAKING CAUSED BY ADVERSE WEATHER CONDITIONS
BROKEN POLES UNLESS VISIBLY FLAWED
ANY COSTS INCURRED RETURNING FAULTY GOODS OR FROM FAILURE TO CHECK PRODUCTS BEFORE USE
Tents and Awnings, although designed for Outdoor use, are not designed to stand up to extreme weather conditions.
It is inherent that especially here in the United Kingdom, our weather is unpredictable and is often changeable. We would expect any Tent or Awning to cope with a light breeze, shower and even moderate rainfall. We would not recommend use of any tent or awning in gale force winds or torrential downpours. It is unlikely that any tent or awning manufacturer will ever allow storm or weather damage to be covered under their warranty, and so would not recommend using yours in bad weather, unless the tent has been specifically designed for such use.
(8.2) Consumer rights
You may cancel this Agreement at any time within 7 working days after the day you received the Products (subject to the limitations set out below).
You will not have any such right insofar as this Agreement relates to: (i) the supply of any Products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of Products the price of which is dependent upon fluctuations in financial markets which we cannot control; or (iii) the supply of newspapers, periodicals or magazines.
If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(9) Defective Products
You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the Mainland England, Wales and Scotland; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(12) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(13) General terms
Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.